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Agenda 05/08/2018 Item #11D05/08/2018 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 18-7278 CCSO CID Building HVAC & Roof Replacement, to Cedars Electro-Mechanical, Inc., in the amount of $2,098,132, and to authorize a budget amendment in the amount of $517,757 from Project No. 52162 to supplement the award. OBJECTIVE: To replace the roof and the chilled water HVAC systems at the Collier County Sheriff CID Building. CONSIDERATIONS: Facilities Management Division is responsible for the maintenance, repair, and replacement of roofs and HVAC systems of all County buildings. All major repairs and replacements of these systems are contracted out. The deteriorating roof and failing HVAC systems are at, or near, the end of their useful life cycles, and need to be replaced. On January 3, 2018, the Procurement Services Division released notices of ITB 18-7278 CCSO CID Building HVAC and Roof Replacement to 11,058 vendors. Vendors downloaded twenty-two (22) bid packages and the County received six (6) bids by February 27, 2018. The Bid Tabulation and Notice of Recommended Award are attached for further review. The bid is comprised of the following primary components: Base bid includes replacement of the entire main roof, and replacement of the HVAC systems’ major components, including the chiller, roof top air handling units, and systems controls. Alternate #1 includes replacement of all existing ceiling tile in the work zones but the grid is to remain. Alternate #2 includes replacement of the existing 2x4 florescent lights with LED fixtures. Bidder Base Bid Alternate #1 Alternate #2 Base,Alts:1,2 Cedars Electro-Mechanical $1,923,368 $79,980 $94,784 $2,098,132 West Construction $2,101,868 $55,556 $98,589 $2,256.013 DEC Contracting $2,105,807 $79,519 $90,426 $2,275,752 Compass Construction $2,140,535 $87,498 $88,463 $2,316,496 Advanced Roofing and Sheet- metal $2,231,377 $89,482 $196,340 $2,517,199 Target Builders $2,800,000 $10 $50,000 $2,850,010 Engineer’s Estimate $1,800,000 $70,000 $185,000 $2,055,000 The Procurement and Facilities Management Divisions’ staff reviewed the bids received, along with the Architect of Record (AOR), BSSW Architects, Inc. The AOR reviewed the bid tabulation results, the low bidder’s (Cedars Electro-Mechanical) bid documents, checked its references, and cost reasonableness, and found them to be responsible and responsive. The AOR’s Letter of Recommended Award is attached. The variation of costs between the AOR’s estimate and the submitted bids are attributed to normal market variation. Staff and the AOR therefore recommend that the contract be awarded to Cedars Electro - Mechanical Inc., the lowest, responsible and responsive bidder, based on the award of the Base Bid, plus Alternate #1, plus Alternate #2, in the total amount of $2,098,132. FISCAL IMPACT: The total amount of the award is $2,098,132. Funding, in the amount of $1,580,375, for the project is provided in the County Wide Capital Fund (301) Sheriffs Roofing and HVAC Replacement Project 53010. A budget amendment is needed in the amount of $517,757 and is available from the General HVAC Replacement Project 52162, in the County Wide Capital Fund (301). 11.D Packet Pg. 362 05/08/2018 GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: To award Invitation to Bid No. 18-7278 CCSO CID Building HVAC & Roof Replacement, to Cedars Electro-Mechanical, Inc., in the amount of $2,098,132, authorize a budget amendment in the amount of $517,757 from Project No. 52162 to supplement the award, and to authorize the Chairman to sign the attached Agreement. Prepared by: Claude Nesbitt, Project Manager, Facilities Management Division ATTACHMENT(S) 1. 18-7278 - Bid Tabulation (PDF) 2. 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Bid Award recommendation (002) (PDF) 3. 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (PDF) 4. 18-7278 - NORA - Exectuted 2 (PDF) 5. [Linked] 18-7278 Cedars_Contract_Rev_VendSign (PDF) 6. Cedars Electro-mechanical Inc. - BSSW - Bid Award recommendation 4-30-18 (PDF) 7. Cost Opinion Revised 1410.13 CCSO HVAC REPLACEMENT (PDF) 11.D Packet Pg. 363 05/08/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Doc ID: 5336 Item Summary: Recommendation to award Invitation to Bid No. 18-7278 CCSO CID Building HVAC & Roof Replacement, to Cedars Electro-Mechanical, Inc., in the amount of $2,098,132, and to authorize a budget amendment in the amount of $517,757 from Project No. 52162 to supplement the award. (Claude Nesbitt, Project Manager, Facilities Management Division) Meeting Date: 05/08/2018 Prepared by: Title: Project Manager – Facilities Management Name: Claude Nesbitt 04/10/2018 1:50 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 04/10/2018 1:50 PM Approved By: Review: Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 04/10/2018 2:36 PM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 04/10/2018 2:54 PM Facilities Management Linda Best Additional Reviewer Completed 04/10/2018 2:59 PM Facilities Management Margaret Bishop Additional Reviewer Completed 04/10/2018 3:05 PM Procurement Services Sandra Herrera Additional Reviewer Completed 04/10/2018 3:28 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 04/10/2018 5:49 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 04/12/2018 9:38 AM Procurement Services Sandra Herrera Additional Reviewer Completed 04/13/2018 12:44 PM Procurement Services Swainson Hall Additional Reviewer Completed 04/16/2018 9:57 AM Solid and Hazardous Waste Sarah Hamilton Additional Reviewer Completed 04/16/2018 11:30 AM Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 04/17/2018 2:20 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 04/20/2018 11:56 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/24/2018 4:29 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/24/2018 4:39 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/25/2018 10:35 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/27/2018 1:31 PM 11.D Packet Pg. 364 05/08/2018 County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2018 5:14 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/08/2018 9:00 AM 11.D Packet Pg. 365 Project No:18-7278 STRATEGIST:Jim Flanagan No. of Notices:11,058 Project Title:CCSO CID BUILDING HVAC & ROOF REPL PROJECT MANAGER:Claude Nesbit No. of Downloads:22 Date:02/27/18 No. of Bids Rec'd:6 BID TABULATION BIDDER: Cedars Electro- Mechanical, Inc West Construction DEC Contracting COMPASS CONSTRUCTION Advanced Roofing Target Builders ENGINEER'S ESTIMATE Base Bid GENERAL CONDITIONS $90,000 $169,220 $99,518 $202,550 $201,187 $275,000 $1,650,000.00 DEMOLITION $60,000 $198,904 $70,939 $82,131 $50,000 $185,000 ROOFING & FLASHING $600,000 $470,378 $662,924 $633,909 $660,000 $450,000 ACOUSTICAL CEILINGS $50,000 $38,189 $100,034 $44,835 $105,570 $230,000 HVAC $760,368 $823,413 $776,229 $757,575 $805,961 $950,000 TEMPERATURE CONTROLS $125,000 $147,048 $149,893 $164,850 $165,000 $150,000 ELECTRICAL $70,000 $87,449 $79,675 $90,300 $71,409 $375,000 LIGHTNING PROTECTION $18,000 $17,267 $16,595 $14,385 $22,250 $35,000 OWNER'S ALLOWANCE $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000.00 Base Bid $1,923,368 $2,101,868 $2,105,807 $2,140,535 $2,231,377 $2,800,000 $1,800,000 Alternate Prices per Section 012300 "Alternates." Alternate #1 Total Alternate #1 $79,980 $55,556 $79,519 $87,498 $89,482 $10 $70,000 Alternate #2 Total Alternate #2 $94,784 $98,589 $90,426 $88,463 $196,340 $50,000 $185,000 Summary Tabulations Base Bid $1,923,368 $2,101,868 $2,105,807 $2,140,535 $2,231,377 $2,800,000 $1,800,000 Sub total 1 Base bid + Alternate #1 $2,003,348 $2,157,424 $2,185,326 $2,228,033 $2,320,859 $2,800,010 $1,870,000 Sub total 2 Base bid + Alternate #2 $2,018,152 $2,200,457 $2,196,233 $2,228,998 $2,427,717 $2,850,000 $1,985,000 Sub total 3 Base bid + Alternate #1 and Alternate #2 $2,098,132 $2,256,013 $2,275,752 $2,316,496 $2,517,199 $2,850,010 $2,055,000 Completed Bid Form (solicitation doc - page 3-10-11)Y Y Y Y Y Y Completed Bid Schedule Y Y Y Y Y Y Completed Bid Forms: (Solicitation doc - pages 3, 10, 11) Exhibit N - Contractors Key Personnel Assigned to the Project - (Solicitation doc page 4)Y Y Y Y Y Y Material Manufacturers (solicitation doc page 5)Y Y Y Y Y Y List of Major Subcontractors (solicitation doc page 6)Y Y Y Y Y Y Statement of Experience of Bidder (solicitation doc page 7)Y Y Y Y Y Y Trench Safety Act Acknowledgement (solicitation doc page 8)Y Y Y Y Y Y Bid Bond Form (solicitation doc page 9)Y Y Y Y Y Y Bidders Checklist (solicitation doc page 12)Y Y Y Y Y Y Insurance and Bonding Requirements (solicitation doc pages 13-15)Y Y Y Y Insur Certificate Y Additional Required Bid Forms: Vendor's Non-Response Statement (Form 1)N/A N/A N/A N/A N/A N/A Vendor Check List (Form 2)N/A N/A N/A N/A N/A N/A Conflict of Interest Affidavit - (Form 3)Y(e)Y(e)Y(e)Y(e)Y(e)Y(e) Vendor Declaration Statement - (Form 4 - (2 pages))Y(e)Y(e)Y(e)Y(e)Y(e)Y(e) E-Verify Immigration Law Affidavit Certification (Form 5)Y Y Y Y Y Y Solicitations Substitute W-9 (Form 6)Y Y Y Y Y Y Local Vendor Preference (Form 7) If applicable - NOT APPLICABLE FOR CONSTRUCTION PROJECTS N/A N/A Y N N/A N Additional Submittals E-Verify Profile Page or MOU Y Y Y Y Y Y Copy of Active Registration with Current FL Divisions of Corporations Y Y Y Y Y Y Copy of Active General Contractors License with Depart. of Business & Professional RegulationY Y Y Y Y Y Copy of Local Business Tax Receipt Y Y Y Y Y Y Acknowledgement - Receipt of Addendum Addendum #1 Y Y Y Y Y Y Addendum #2 Y Y Y Y Y Y Addendum #3 Y Y Y Y Y Y Addendum #4 Y Y Y Y Y Y Addendum #5 Y Y Y Y Y Y GRANT FORMS Certification Regarding Debarment Y Y Y Y Y Y Certification Regarding Lobbying Y Y Y Y Y Y Conflict of Interest Certification Y Y Y Y Y Y Anticipated Disadvantaged, Minority, Women or Veteran Participation Statement Y Y Y Y Y Y Bid Opportunity List Y Y Y Y Y Y Acknowledgement of Terms, Conditions and Grant Clauses Y Y Y Y Y Y Strategist: Confirm validity w/FL Divisions of Corporations on-line Y Y Y Y Y Y Strategist: Confirm validity of GC License w/DPBR on-line Y Y Y Y Y Y Strategist: Confirm Insurance and Bonding Requirements Y Y Y Y Y Y Strategist: CONFIRM ALL BID DOCUMENTS COMPLETED AND SIGNED:Y Y Y Y Y Y Strategist: Confirm Mandatory PreBid Attendance:Y Y Y Y Y Y Strategist: Confirm Mandatory Site Visit Attendance:Y Y Y Y Y Y Strategist to Confirm Local Vendor Preference Not Applicable - Grant Not Applicable - Grant Not Applicable - Grant Not Applicable - Grant Not Applicable - Grant Not Applicable - Grant Strategist to Confirm Local Vendor Compliance w/ FS 287.087 Not Applicable - Grant Not Applicable - Grant Not Applicable - Grant Not Applicable - Grant Not Applicable - Grant Not Applicable - Grant Contractor's Office Location:Lake Worth, FL Lantana, FL Fort Myers, FL Cape Coral Ft Lauderdale Ft Myers FL County:Palm Beach Palm Beach Lee Lee Broward Lee Opened By:Jim Flanagan Witnessed by:Claude Nesbit, Evelyn Colon Remove all existing layin ceiling tile and replace with new layin ceiling tile in existing ceiling grid is to remain Remove and replace all existing 2x4 florescent light fixtures with new LED fixtures as shown on the drawings. Utilize existing switching and circuitry for 11.D.1 Packet Pg. 366 Attachment: 18-7278 - Bid Tabulation (5336 : Sheriff CID BLDG HVAC & Roof Replacement) ——— #AA-C001836 ——————————————————————————————————————————————— FORT MYERS NAPLES 1500 JACKSON ST .#200 FORT MYERS, FL 33901 949 CENTRAL AVENUE NAPLES, FL 34102 PH: 239.278.3838 FX: 239.275.5356 PH: 239.643.3103 I N N O V A T I O N A N D P E R F O R M A N C E I N A R C H I T E C T U R E - P L A N N I N G - I N T E R I O R D E S I G N March 2, 2018 Mr Jim Flanagan Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East, Bldg C1, Naples Florida 34112 RE: 18-7278 CCSO CID Building HVAC and Roof Replacement Dear Jim: We, nor our Engineering consultants, have knowledge of, or have worked, with Cedar Electro-mechanical Inc. However, we contacted the references given by the contractor as part of the bid response. From the information we received from the references that replied to our inquiry, we take no exception to moving forward with the award of contract to Cedars Electro-mechanical, Inc. for this project, given that they have met all the requirements of Collier County Procurement Services and the bid solicitation. I have attached for the record the responses received from the references. Should you have questions or need additional information please feel free to contact me anytime. Best regards, Daniel A Summers, AIA 11.D.2 Packet Pg. 367 Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Bid Award recommendation (002) (5336 : Sheriff CID BLDG HVAC & 11.D.3Packet Pg. 368Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.3Packet Pg. 369Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.3Packet Pg. 370Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.3Packet Pg. 371Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.3Packet Pg. 372Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.3Packet Pg. 373Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.3Packet Pg. 374Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.3Packet Pg. 375Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.3Packet Pg. 376Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.3Packet Pg. 377Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.3Packet Pg. 378Attachment: 18-7278 - ELORA - Cedars Electro-mechanical Inc. - BSSW - Reference Responses (5336 : 11.D.4 Packet Pg. 379 Attachment: 18-7278 - NORA - Exectuted 2 (5336 : Sheriff CID BLDG HVAC & Roof Replacement) ——— #AA-C001836 ——————————————————————————————————————————————— FORT MYERS NAPLES 1500 JACKSON ST .#200 FORT MYERS, FL 33901 949 CENTRAL AVENUE NAPLES, FL 34102 PH: 239.278.3838 FX: 239.275.5356 PH: 239.643.3103 I N N O V A T I O N A N D P E R F O R M A N C E I N A R C H I T E C T U R E - P L A N N I N G - I N T E R I O R D E S I G N April 30, 2018 Mr. Jim Flanagan Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East, Bldg. C1, Naples Florida 34112 RE: 18-7278 CCSO CID Building HVAC and Roof Replacement Dear Jim: We, nor our Engineering consultants, have knowledge of, or have worked, with Cedar Electro-mechanical Inc. However, we contacted the references given by the contractor as part of the bid response. From the information we received from the references that replied to our inquiry, we take no exception to moving forward with the award of contract to Cedars Electro-mechanical, Inc. for this project, given that they have met all the requirements of Collier County Procurement Services and the bid solicitation. I have attached for the record the responses received from the references. Further, we have reviewed the final bid tabulation and find the total bid amount, with alternates, to be comparable to the Architect’s estimated cost for the project. We therefore can recommend award of this contract to Cedar Electro-mechanical Inc. Should you have questions or need additional information please feel free to contact me anytime. Best regards, Daniel A Summers, AIA 11.D.6 Packet Pg. 380 Attachment: Cedars Electro-mechanical Inc. - BSSW - Bid Award recommendation 4-30-18 (5336 : Sheriff CID BLDG HVAC & Roof Replacement) COST OPINION Rev 04-05-2017 Rev 12-15-2017 Rev 11-27-2017 Collier County Sheriffs Office 2373 Horseshoe North Building HVAC Replacement Base Bid Base Bid:$1,650,000.00 Total Base Bid (BB) Specific Alternate Prices per Section 012300 "Alternates." Alternate #1 Total Alternate #1 $70,000.00 Add Alternate #2 Total Alternate #2 $185,000.00 Add Summary Tabulations Base Bid $1,650,000.00 Base Bid (BB) Sub total 1 Base bid + Alternate #1 $1,720,000.00 Total BB + Alt 1 Sub total 2 Base bid + Alternate #2 $1,835,000.00 Total BB + Alt 1 Sub total 3 Base bid + Alternate #1 and Alternate #2 $1,905,000.00 Total BB + Alt 1 & 2 Provide Demolition and removal of lightning protection system, roof, roof insulation, copings, acrylic skylights, roof top equipment, AHUs & make up air units, duct work, roof top equipment and mounting rails, interior VAV units, duct work and chiller piping etc. Install new roof, roof insulation, metal frame acrylic skylights, skylight curb modifications, roofing, lightning protection system, roof top Air Handling Units, equipment curbs, duct work, exhaust fans, ground to roof secure caged ladder, air handlers, ground mounted chiller, chiller piping, VAV units, diffusers, duct work etc. for complete HVAC system replacement installation. Provide new ceiling tile and grid for any tile or grid damaged during demolition & construction of HVAC System Remove all existing ceiling tile and replace with new lay in ceiling tile in existing ceiling grid to remain.. Remove and replace all existing light fixtures ith new LED fixtures as shown on the drawings. Utilize existing switching and circuitry for new lights. 11.D.7 Packet Pg. 381 Attachment: Cost Opinion Revised 1410.13 CCSO HVAC REPLACEMENT (5336 : Sheriff CID BLDG HVAC & Roof Replacement) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Cedars Electro -Mechanical, Inc. ("Contractor") of 1712 S. Dixie Hwy. Lake Worth, Florida 33460, a corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with CCSO CID Building HVAC & Roofing Replacement, Irritation to Bid No. 18.7278 ("Project"), as said Work is set forth in the Plans and Specifications prepared by BSSW Architects Inc., the Engineer andlor 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 Fxhibits 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 (ail 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. Scone 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. ContractAmount. 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 Million Ninety -Eight Thousand One Hundred Thirty -Two Dollars ($2,098,132.00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of 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.htrnl#certified, Should the Contract Amount be less than 00� 1 Construction Services Agreement Revised 022018 $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One hundred and eighty (180) 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 Five Hundred Eighty -Four Dollars ($1,584.00) 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 i' 2 k.LCIV Construction Services Agreement: Revised 022018 or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday, D. Determination of Number of Days of Default. For all contracts, regardless of whetherthe 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 upon, attached hereto and made a part of this Agreement for Solicitation 18.7278 CCSO CID Building HVAC & Roofing Replacement Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Constructlon Services Agreement: Revised 022018 Fxhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit l: Supplemental Terms and Conditions ® Applicable ❑ Not applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 18-7278 CCSO CID Building HVAC & Roofing Replacement The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: httr)s://www.bidsync.com/bidsync- which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( Z ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding system. []Exhibit J: Technical Specifications ]Exhibit K: Permits ❑Exhibitt_: Standard Details ®Exhibit M: Pians and Specifications prepared by BSSW Architects Inc. and identified as follows: 18 -7278 -ARCH DWGSD R1 18 -7278 -Arch Spec Book 18 -7278 -Electrical Spec Book 18-7278-MECH ELEC DWGS 18 -7278 -Mechanical Spec Book R1 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: Collier County Board of County Commissioners, Florida c/o Facilities Management Division 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112-5356 Attention: Claude Nesbitt, Project Manager Phone: (239) 252-7641 Email: Claude. Nesbittftcolliercountvfl.ciov 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 folkowing: Cedars Electro -Mechanical, Inc. 1712 S. Dixie Hwy Lake Worth, Florida 33466 Attention: Debra L. Chalhoub, President Phone: (561) 588-4088 Email: DebracOcedarsinc.com. 4 Construolon Services Agreement, Revised 022016 C. Either party may change its above rioted 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)(x) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification, No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Constructlon Services Agreement: Revised 022018 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, 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 including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 6 Construction Services Agreement: Revised 022018 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS Its � ��1► �� SECMD-W—ITNESS i Print Name �i Date: ATTEST: Dwight E. Brock, Clerk BY: Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: Cedars Electro -Mechanical, Inc. (X" DebraL, c'—h,-dA6uti V -s-2068 Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIE; COUNTY FLORIDA BY: Andy Solis, Esq. Date Chairman 7 0A Construction Servloes AgMement Revised 022018 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE FOLLOWING THIS PAGE 8 ConstnJCtion Services Agreement: Revised 022018 (45c)) Project No: 18-7278 Project Titie: Collier County $herlff's Office CID Building HVAC and Roof Replacement BID SCHEDULE flev1Z-15-2417 BIDIDER: Cedars Electra -Mechanical, Inc Base Bid Provide demolltlon and removal or lightning protectior system, roof, roof Insulation, copings, acrylic skylights, roof top equipment, ANUS & make up air units, duct work, roof top equipment and mounting calls, interiorVAV units, duct work and chiller piping etc. Install new roof, roof Insulation, metal frame acrylic skylights, skyllght curb modificattens, roofing, lightning protecllon systum, roof top Air Handling Units, equipment curbs, duet work, exhaust fans, ground to roof secure caged ladder, air handlers, ground mounted chiller, chiller piping, VAV units, diffusers, duct work etc. for complete HVAC system replacement Installation. Provide new ceiling the and grid for any the or grid damaged during demolition & constructlon of HVAC System. GENERAL CONDITIONS $90,400 DEMOLITION $60,000 ROOFING & FLASHING $600,000 ACOUSTICAL CEILINGS $50,000 HVAC $7611,368 TEMPERATURE CONTROLS $125,000 ELECTRICAL $70,004 LIGHTNING PROTECTION 518,044 OWNEIRt ALLOWANCE $154;000 I Base Old; $1,928,5G8 Total Alternate Prices per Section 012300 "Alternates." Alternate 141 Remove all existing layfn calling tile and replace with new layin ceiling the In eKlsting ceiling grid Is to remain Total Alterriete#1 $79,980 Add Alternate #2 Remove and replace all existing 2x4 florescent light flktures with new LED fixtures as shown on the drawings. Utllite existing switching and circuitry for new lights, Tolol Alternate #2 $94,764 Add Summary Tahufatlon$ Sala Bid $1,923,368,00 Sul) total 1 Base Old +Alternate Oil $2,803,348,04 Sub total 2 Base bld + Alternate 112 $2,019,152.00 Sub total3 Boise bfd+Alternate 41and Alternate #Z $2,098x32.100 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM FOLLOWING THIS PAGE 9 5 Conslruclion Services Agreement, Revised 022018 Q ADDENDUM #1 Memorandum Date: January 19, 2018 Page 1 of 1 Email: jimflanagan@colliergov.net Telephone: (239) 252-8946 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #1 — 18-7278 CCSO CID Building HVAC & Roof Replacement This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through. CHANGESIADDITIONSIDELETIONS: ➢ Project Schedule is hereby revised to 180 calendar days to Substantial Completion plus 30 calendar days to final completion for a total of 210 calendar days overall. ➢ Bidders Questions and Answers o The Deadline for Bidder's Questions will close on Thursday January 25. All Bidder's Questions are to be submitted on-line through the BidSync online bidding system. Answers will be provided by January 30. Please refer to Solicitation 18-7278 CCSO CID Building HVAC & Roof Replacement — Q&A ➢ Attached revision to specification and clarification from Matern Engineering 1. Section 23 73 00 2.1A 1. Include Carrier and Diakin as acceptable manufacturers. 2. Section 23 09 23 2.1A 1. Include Advanced Automation Systems, Inc. as an acceptable manufacturer. 3. Section 23 60 13 Clarification: Trane, York/JCI, Carrier, and Daikin are acceptable chiller manufacturers. York/JCI is the basis of design. ➢ Additional site visits can be arranged directty with CCSO's Dan Mercer— 239-253-5466 ➢ 01-16-18 Pre -Bid Meeting/Site Visit Minutes/Sign-in Sheets are included with this Addendum Please acknowledge receipt of this Addendum with your bid proposal. Signature !�;edars f1-Cr4^O MechaniC--d, Snc Bidder If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. -so00 1" C'Oumy W C1014"t Administr ht e Swvkm DM,-Acn F' mhaang ADDENDUM #2 Memorandum Date; January 23, 2018 pago 1 of 1 Email: jimflanagancolliergov.net Telephone: (239) 252-8946 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum 42 — 18-7278 CCSO CID Building HVAC & Roof Replacement This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through. CHANGE SIADDITIONSIDELETIONS: REMINDERS; Y Project Schedule is hereby revised to 180 calendar days to Substantial Completion plus 30 calendar days to final completion for a total of 210 calendar days overall. x Bidders Questions and Answers o The Deadline for Bidder's Questions will close on Thursday January 25, All Bidder's Questions are to be submitted on-line through the BidSync online bidding system. Answers will be provided by January 30. Please refer to Solicitation 18-7278 CCSO CID Building HVAC & Roof Replacement — Q&A_ Questions and Answers are hereby incorporated as part of the bid. Attached revised drawings in response to questions as provided by Matern Engineering o M1.02 (003) rev L) M9.02 rev Y Additional site visits can be arranged directly with CCSQ's Dan Mercer — 239-253-5466 Please acknowledge receipt of this Addendum with your hid proposal. i 1 ignature 7 - /U1ectcosilcartr_ y r _ Bidder If you require additional information please post a question Qn the oniine BIdding rile or rontaol me using the above contact information. Cotr County Adrmi ro Sery w Divi" Pumhaslnp Pago 1 of 1 Email: jimflenagan@acolliergov.net Telephone: (239) 252-8948 ADDENDUM #3 Memorandum Date: January 24, 2018 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #3 — 18-7278 CCSO CID Building MVAC & Roof Replacement This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through. CHANG ESIADDITIONSIDELE'rIONS: QUESTION AND ANSWER PERIOD IS HEREBY EXTENDED UNTIL February 1, 2018 at 5:00 pm_ o Bidders Questions and Answers kr The Deadline for Bidder's Questions will close on Thursday February 01. All Bidder's Questions are to be submitted on-line through the BidSync online bidding system. Answers will be provided by February 1. Please refer to Solicitation 18-7278 CCSO CID Building HVAC & Roof Replacement — Q&A. Questions and Answers are hereby incorporated as part of the bid. �- BID DUE DATE IS HEREBY EXTENDED TO FEBRUARY 8, at 3:00 pm Please acknowledge receipt of this Addendum with your bid proposal_ ig nature Bidder - If you require add{tional Information please post a question on the online Bidding site or contact me using the above contacl Information. ADDENDUM #4 Memorandum Date: January 29, 2018 Page 1 of 1 Email: jimflanagan@colliergov.net Telephone: (239) 252-8946 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #4 — 18-7278 CCSO CID Building HVAC & Roof Replacement This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through. CHANGES/ADDITIONS/DELETIONS: Attached CCIT Standards are provided for inclusion with the bid documents + Collier County Information Technology Construction Standards Version 5 — 02-24-14 CMA 5401 — Information Systems Lifecycle Management + TACS V12 — 02-14-17 REMINDERS: ➢ QUESTION AND ANSWER PERIOD IS HEREBY EXTENDED UNTIL February 1, 2018 at 5:00 pm. o Bidders Questions and Answers 00 The Deadline for Bidder's Questions will close on Thursday. February 01: All Bidder's Questions are to be submitted on-line through the BidSync online bidding system. Answers will be provided by February 1. Please refer to Solicitation 18-7278 CCSO CID Building HVAC & Roof Replacement — Q&A. Questions and Answers are hereby incorporated as part of the bid. ➢ BID DUE DATE IS EXTENDED TO FEBRUARY 8, at 3:00 pm Please acknowledge receipt of this Addendum with your bid proposal. Il ' ignature -ear a civ o -Nie CA c AJ, mac• Bidder If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Page 1 of 1 r C0 "t y Email: 'imflana an collier ov.net 1 9 @ 9 AdtL-t� SeNiow D'NislO+i't Telephone: (239) 252-8946 Purchasing ADDENDUM #5 Memorandum Date: February 1, 2018 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #5 — 18-7278 CCSO CID Building HVAC & Roof Replacement This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through, CHANGES/ADDITIONS/DELETIONS: Attached Roof Drain Cut Sheets in response to Question #19 - Zurn — Z100 - Watts - RD -300 ➢ QUESTION AND ANSWER PERIOD IS HEREBY EXTENDED UNTIL February 15, 2018 at 5:00 pm. o Bidders Questions and Answers • The Deadline for Bidder's Questions will close on Thursday February 15 All Bidder's Questions are to be submitted on-line through the BidSync online bidding system. Answers will be provided by February 19. Please refer to Solicitation 18-7278 CCSO CID Building HVAC & Roof Replacement — Q&A. Questions and Answers are hereby incorporated as part of the bid. ➢ BID DUE DATE IS HEREBY EXTENDED TO FEBRUARY 27, at 3:00 pm ➢ Bidders shall refer to Section 12500 Substitution Procedures and Section 16000 Product Requirements. Exceptions to the specifications shall be identified on the Bid Form — Material Manufacturers. Bidders shall also identify any cost differential for each substitution requested. Please acknowledge receipt of this Addendum with your bid proposal. ignature C.2ota --s 0A--c-irb Mec_�an('cJ) _7hc, Bidder If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. trgIIICTCOUnty 5ollcltallon 1$-7278 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOE IDA BY: Ll Edyard F. CnYman. Jr. Director, Procurement Services Division DID RE, SPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier County 5herifPs Office CID Building HVAC and Hoof Replacement BILI NO. 18-7278 Full Name ofBidtler' ;I ar cz-►, ) Cc Main Business Address. 1712 Place of Business___at-1zt -- Telcphone No. --,�-C-- I- "Tkk -;. 'Df,-- Vex No. '51 1-s'i 9 - ,ynY :� State Contractor's License #C&C-_C) 98511.3 ,, / � �� C - M C D,53 -7 7 L/ State of Florida Certificate of Authority Document Number S O 11 q --- Federal Tax Identification Number 4r5-021390 I)UNS it 7 C 2-1.'310cchit Cage C.odc Al . �j . /V —41 Q To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinatter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named ltercin, that this Bid is submitted without collusion with any rrther person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed fbrm 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 ►viii execute tine Agreement included In the Kidding Documents, In provide all necessary Inaehincty, tools, apparatus and olhor means of construction, including utility and transportntion services necessary to do all the Work, And rurnlsh rill tine materials and equipment speciFiud or referred to In Ilia Contract Documents in the inanner and time herein prescribed and according to the requirenients 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 dill payment the sums set I'ordi in Ilia following Bld 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 Services Division stair. 11312018 7:52 PM P. Collier County Solicitation 18-7278 MA`ii'$I2IA L 147AN't)>��T�JR>N2S71 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 luinber, 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) inay 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. Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCLPTION MANIII-AC'LUR13R 1. 2. 3. 4. 5. Please insert additional pages as necessary. 1/3/2018 2:52 PM /Y p. 7 N, Collier County L IST01; MAJOR SUAC;ON'fRACTORS THIS LIST MUST BE COMPLETED0111 BID MAYBE DEEMED NON-RESIPOK$11VE $olidlakn 10-7278 The undersign, states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements oftha Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein arc "gtiallficd" (as defined in Ordinance 2017-08 and Section 13 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, btu not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes tion-compliam or non-qualified Subcontractors in its bid offer. further, the (Owner rnrry direct the Succcsslld Biddor to remcrvelrcplace any Subcontractor, at no additional cost to Owncr. which is found to be non- complittnt with this requirement either bol'ore or afier the issLnlnce of the Award of Contract by Owncr. (Attach additional sheets as needed). Ftlrther•, the tlndcrsigncd acknowledges rind trgrees that promptly rifler the Award or Cotlirnct, and in accordance with tho requiromctits of the Contract Documents, ilia Successful Bidder Shall identify all Subcontractors it intends to use on the Project, The undorsigned furihcr agrees that all Subcontritclors subsequently identified 11tr any portion of work on this Project inttsi be gnnliticxl as noted above. S4- 7'n Vh' *W r sh?), Company: _t om d cl (`5 Signature: [ry [its, pate. -27 IS'. 1132018 2;62 PM Ivlglor Category of Work $6gontractor and Addrk49 1. Demolition .e ctq0-S - HVA C dem o C F:tS A le0C ► 2 dy., Roofing CES a o ,,Li rceaL 3. Acoustical Ceiliu s ��!izcr.ha'q)C-4;ja'e� 4. HVAC f';r k� S. Temperature Controls �_g' - 2 A-4 G. Electrical 7. Li htnin Protection ' 8. Site Work actgrr_ ACE %et~ tre-__mer- ] 9. Identify other subcontractors that represent more than 10% of price or that affect the criticat path of the schedule S4- 7'n Vh' *W r sh?), Company: _t om d cl (`5 Signature: [ry [its, pate. -27 IS'. 1132018 2;62 PM Collier County STATEMENT OF MtRICNet or,illtyorm Solicitation 18-727a The Bidder is required to state below what work of similar magnitude completed within tho last live (5) years is a Judge of its experience, skill and business standing and of Its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiectand _l,aentlon 05 P5- [gyp ;.- 40CLL , OC L A -t Tr,7 n - UPJ e a 1- Pd /".I Ca re C -- 4• F 6 07- A JAr-At,�t Co ltd M& %5c, k,, a Ta.t lam. C Ll �f n er n A c -S c1, o o � +w !I Raferonce finc Iudc nhona Il (rctnail address) 6,. LO Ma rl a � d,�, -QVb- q17- q.ss9 s U► r o f LAJeO.S, COM UCIA C. -r' 6. la.L43e, -0zI a - .I �rr.�anrr� �'lrie�a�e~ � I.�caC6.�tiCr�.r_� .5onj' dL - mob !tI ` Qhar� !2,57Y- S,2,5- 09 75 d r Se A c,o% 5caroc,1 • A -75 Y- 3ZI- ISO Company, Ced'a(S. El -e c &!e- % .-e-r.6 ,q -TA Signaturo �i Pato; .24 f V312DI0 2;52 PM P. 9 �f Collier County Solicitation 18-7278 f TRENCH SAF'E'TY ACT ,�. �,�,� ,� 1 � � � r� a.��d tom. r G�,�� •? �., 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 identities the cost to be summarized below: Trench Safety Units of Measure Measure L escriptionl (LF.SY) 1. , 2. 3, 4. 5. Unit Unit Extended Cog (Quantity] QLt TOTAL $ Failure to complete the above muy result in the Bid being declared non-responsive. /Y., 4 Compatly: -_- Signature; Date: 1/312018 2:52 PM p,C Collier Gaunly BIDDERS CHECKLIST IMPORTANT; Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check of each of the following items as the necessary action is completed: Sollcitatlon M-7278 I . 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, descriptive literature, elu. 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 and thu County's Substitute W9 8. If required, the amount of Bid bond has been checked, and the Sid bond or cashier's check has been included. 4. Any addenda have been signed and included. 10. All attached forms have been Completed, reviewed, and signed where necessary by an authorized personnel. 11. The Bid will be uploaded in time to he received no later than the specified oUgning dpte and time, otherwise the Bid cannot be considered. Bidder Name ' 1 ignature 6a Title Date 113l2018 2:52 PM pe a Collier Couvity Adminlstmt va Sendces UepartmeM i't=remonl SerYiL�as DM-Kn Form 1: Vendor's Non -Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. 'Therefore, we are interested in ascctlaining rcasons far prospeclivo Vendors rtvt wishing to respond to this solicitation. If your firth is not responding tv this solicitation, please indicate the reason(s) by checking the itern(s) listed below and rctura this roan via entail noted on the cover page, or mail tq Collier County Government, Procurement Sorvices Division, 3245 Tumiami Trail East, 131.00 C-2, Naples, Ft, 341 12. We are not responding to the solicitation for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meat specifications/scope or work. ❑ Specffications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small, ❑ Insufficient time allowed for preparation of response. © Incorrect address used, Please correct mailing address: 0 Other reason(s): Name of Firm: —C--erf a rc�S_ j c 'cs�1 ,sn r` Co Q � ►'t [ • Address: J� �.. City, State, Zip: — of )_ _fz:L _-- Telephone, 5:_... 2c-..._..._„T_�� Email: ode c 6D c �l�fi_c:at?I Representative Signature: x� G�'t_{ ,L... Represertlative Name: Lk6r,& C—Aa I6 0_yb Date Colter C 014VMY Adminis mba Services Deparimrsnt prow menl Services ❑ivi5ian Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED, Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Solicitation Submittal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. [�]'f Any addenda have been signed and included, ALL SU13MITTALS MUST HAVE THE&QLICITATION NUMBER AND TI'T'LE Name of Firm, (fed4 es Address: -- City, State, Zip; .t�Lill.,�� Telephone: &0, 1 - ..p —0$-�' --- Email; deb r,% C or 2& Representative Signature:,rQ Representative Name; .� e-brrx- L. �! 0 11, QU L, date V - � 7- / ? @O 0 Comer Co"Vty Admin'r-Mve Services Depamwt Procurarn ml SaNjuae Dmriuc Farm 3: Conflict of Interest Affidavit The Vendor certifies that, to the best of its Wowiedge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational convict as described by one of the three categories below: Blased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to Information —The Perm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed rtRtidavit, the contractor I vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the abovementioned project; and, 2. Indicate if the information produced was obtained as a matter of public reoord (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), dooument(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more or Ilse three categorios above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, tate tirm (eittployces, officers and/or agents) certifies, and hereby discloses, that, to the best of thoir knowledge and belief, all relevant races concerning past, proseiit, or currently planned interest or activily (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an orgtrriizational conflict. Firm; C.�c3!` h -t9[ t�Q ��•h.,,__.._-. -.------__.._-.._ Signature and Date: --97- 2,0 1 J PrintNamrr: f-&��,.tf�.�� Title orSignatary:�s,�- --. ----- —__-. c?° Send payments to: (required if different from above) Contact name: Title: Address: city, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Additional Contact Information Company name used as payee .�. 6 ra C• .� h �� b 112 f, -ez.L de,I I 71 -2 S, �L LarL,, Fl- 3�'Yt0 O� br�c 0C-ed41rsi AC. CC✓rt re Corer Covivity Adrnlnistrative Services Wparlrraent PfemrameeR Services Division Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commiss ioners: The undersigned, as Vcndor declares that this response is made withoul connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud, The Vendor agrees, If this solicitation submittal is accepted, to execute a Collier County document for the purpose of est2ablishing a formal coluraolual relationship between the firm and Collier Co", for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not he eligible to compete, submit a proposal, be awarded, or perform as a sub.vendor for any future associated with work that is a result of this awarded contract. �k IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _-;?q day ofj(,.� 201kin the County of PC&A.90OLuL14—.._.v ill the state oi'-p-Vj1Lt,-1 -' Firm's Legal Name: _ '�. FIS ;tiro - M c g y�!c�Q I T Address: City, State, Zip Code: ct fCc (r ]r� r ` Lti C3 `-f 4�, D Florida Certificate of D cj Authority Document -- Number Federal Tax Identification _ (o $— Q 2J/ 6 Number *CCR # or CAGE Code %�?D1x *Only if Grant Funded Telephone: f r ti o T Signature by; < _ (Typed and written) Title: , c; /- AO'd 1'7 {$± JOHN J.6IACOBBA MY COMMISSION I FF 169211 �s ;a N S�'` EXPIRES: Dacamber ! 2, 2018 Banded Thou Neinry Pune ufloarw+aen Coder CcnWlty AdminWmtve Services Depariment Prvcuremenl Serviaas Division Form S: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly compkicki F --Verify Company Profile page or a copy of the fully executed E -Verify Memorandum or Umfo'standing for the company. Failure to include this Affidavit and ncceptabic evitlence of enrollment in (lie, E-Veri_f�+ Program may deem the Vendor's nronosid-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 l`ully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendrricrit(s)) and agrees to comply with the provisions of the Mcinorandunt of Understanding with E-Veriry and to provide proor of enrollment in Thu Employment Eligibility Verification System (H -Verify), operntcd by the Departmunt of Homeland Security in pailnership with the Social Security Administration at the time ol'subinksion ol`tltc Vendor's proposal. Company Name �ae-ars Print Name - C h r, /A o u ,� Title ,tar t Signature Datef��-7— S State Of County of Act_I m 6 ea ch The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. P(I 'toGa few Cpuy,cy AdmhsV-ifNa Sorv-cas Oa;rjMkrl Fiacurar OS.mC Mins+., Form G; Vendor 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) requires 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 (as shown on income tax return) Business Name ((f'i1i 'acral from trapuyer narne) Address f State FL, city.— /cam Cud r 4-A Zip.—0 Telephgnc,S(,i-5,_.-{.1P ]',mail t� et�r�A�Asirlc► rc�Tf`ormation (Must be tilled out Rein it 1 Payment Information (Must be filled oat) Address __G: ! a -f ez_ Address 5/ Ck-1 O'_ City State Zip city State ZIP_ Ernait _c _e brCL e_ t Ismail &-i t rzs L' AD r-,- 2. Company Status (check only one) Individual Sole Proprietor Corporation —Partnership _Tax Exempt (Federal ineomc tax-exempt entity urnitcd Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification _ t�dkd_Ej]ttty, C = (I OzWion. P = Portnenshf 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tact Identification Number (TIN) Vendors who do not have a TIN, will be required to provide asocial security number prior to an award), 4. Sign and bate Form; Certlfleation; Under l enrrlrlcys rsfperr, jtrr-P. 1 verfrfy that the. hilt enarlwr show►; on this loan 1s correct to my knorule�lirc Signature pate 2-0 IF Title Phone Number I - 5g9- - C/ 0 ®R Debra Chalhoub From: enrollment@ustis.dhs.gov Sent: Thursday, January 25, 2018 11:02 AM To. debrac@cedarsinc.com Subject. Welcome to E -Verify – Your E -Verify Enrollment Confirmation Welcome to F -Verify. You have successfully enrolled your company in the program. Here is your login Information: Your program administrator Id: CDEB2960 Your temporary password: lo1370go There are still a few things you need to do before you can begin using E -Verify. Just follow the steps below to get started: I. Go to the E -Verify website at htt s: a-veri .uscis.by web . You'll visit this website every time you log in to E -Verify to verify your employees. We recommend you'bookmark' or save this website as a'favorite' so you'll have easy access to it in the future. 2. Log in to E -Verify using the user ID and temporary password listed above. Once you log In, you'll be required to change your password. Your new password must meet our password security standards (we'll tell you more about this when you change your password). 3. Create your password challenge questions. This is really important because if you ever forget your password, you can answer the password challenge questions you created and reset your password without having to contact us. 4. Take the E -Verify online tutorial. Though we've put a lot of effort into making E -Verify easy to use, work eligibility and immigration are complicated subjects. The required online tutorial will teach you how to use E -Verify and what you need to do to follow the rules of the program. You don't have to take the entire tutorial at one time, but you will have to complete it and pass the knowledge test before you can begin using E -Verify, You can access the tutorial from the E -Verify home page after you've logged in. 5. Register additional users (if necessary). After you've completed the tutorial and have passed the knowledge test, you can register additional users by clicking on the 'Add New User' link on the left menu of the E -Verify home page. When you register a new user, you can choose between program administrator and general user access. Anyone with program administrator access can add, delete, modify and reset the passwords of other program administrator and general user accounts. SHARING BSER IDs AND PASSWORDS IS NOT ALLOWED so If you have additional people who will use E -Verify, you must register them with their own user IDs and passwords. You're ultimately responsible for any activity associated with your user ID so don't share your password with anyone—and that includes us. (If you ever contact our help desk, we'll never ask for your password either.) Need Help? If you need help using E -Verify or you have questions about E -Verify policies, we're here for you. We're also always looking for ways to improve E -Verify so please tell us how we can make E -Verify work better for you. ,o Company ID Number; 1265260 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 Cedars Electro -Mechanical, Inc. (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 UHS. 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 11 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 MMU for Errmployefs I RevislQn Date W01/13 a IXI 110!1�1 E-venry, off Company ID Number: 1255280 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 B 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), Foran 1-766 (Employment Authorization Document), or U.S. Passport or Passport Gard to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the empfoyee'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. Nate; 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 $11,100 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 Emp}overs I Revis pn pale 08/01/13 �l E-Veriry Company ID Number. 1265280 employed an unauthorized alien in violation of section 274A(a)(1)(A), and (a) 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 'I 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 1113 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 III.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 DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 G.F,R. § 274a.1(1)) 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-Ver#y MOt1 for i=rnployers I Revision Dale 061p1113 0 ff-Verit.. 0 V ....... ...... Company ID Number: 1265290 (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 1-868-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to compky with Title VII of the Civil Rights Act of 1964 and section 274B 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 2748 of the INA could subject the E=mployer to civil penalties, back pay awards, and other sanctions, and violations of Title VI I could subject the Employer to track 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 1-600-237-2515 (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-Verif.y[o. hs.gov.. 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 06101113 ,.5-veri FV.1 Company ID Number; 12652$4 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 QHS. 21. The Employer agrees that E -Verify trademarks and logos may be used only under license by DHSIUSCIS (see M -795(V bl) 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 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 Lmployer, 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 pate 06101/13 ( -F-Veri FY: «M Company ID Number: 1265280 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 lE-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(x)), 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: L 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), V 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 II.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 1T E•Verify MOU for Employers I Revision Oate OB/O 103 0 o�� -Verl -ky N ly"ll Company ID Number; 1265280 Article II.O.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,C. 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 DHS databases to enable the Employer to conduct, to the extent authorized by this MOLD a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E -Verify MOU for Employers I Revision pate 06101113 0 Company ID Number. 1255280 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. DHS 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, DMS 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. DHS 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 Qivision, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's IL -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. B. DHS agrees to provide a means of automated verification that provides (in conjunction with 8SA 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 DHS 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 6 of 17 E -Verify MOU for Employers I Revision Date 06/01113 Company ID Number: 4285280 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 E=mployer 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 UHS 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 far Employers I Revision Date 06/01113 -verity - Company ID Number: 1265280 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 non confirmations, 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 DHS 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 DHS representative who will determine the photo match or mismatch. 8. DHS 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 DHS 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 Company ID Number: 1265280 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 DHS or SSA policy, including but not limited to, Page 11 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Wn -veriry.— Company ID Number: 1265280 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 DHS 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 06/01/13 Collier County Solloliation 18-7278 I8-72-78 Collier County Sheriff's Office CIO Building HVAC &c Roof Replacement 1)ecluralion Statement & Conflict of Interest Affidavit Vendor Dechtration Statement The undersigned, as Vendor declares that this submittal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees to execute a Collier County document for the purpose of establishing a formal contmetual relationship between the firm and CoMer County, for the performance of all requirements to which the solicitation pertains, The Vendor statue that the submitted proposal is basad upon the documents listed by the above rcfereneod Solicitation. Conflict of Interest Affidavit The Vendor certifies that, the firm (employees, officers, and/or agents) hereby discloses, that to the best of their knowledge and belief; all relevant facts concerning past, present or Currently planned interests or activity (les) (financial, contractual, organizational, or othcrwisr) which are related to the proposed work; and hear on whether the firm (employees, officers, and/ or agents) has a possible conflict and has been fully disclosed. Additionally, the firms (employees, officers and/or agents) agree to immediately notify the Prucuremerit Services Division in writing if any actual or potential conflict of interest arises during the Contract und/or project duration. El Yrs 0 No C'crtificalian, Under pettaltles ofperyuq. I certry that I am In agreement, to the best of my knowledge, with the terms and conditions of the Deelaratton and Cwplet of lnteresi Statements above. 11312016 2:52 PM P. 36 Collar County Sollcltullon 16-7278 l -0F• c - r - - - KNOW AL1, MEN 13Y 7'I•Itilsi? PRPSENTS, ttiat we Cedars�Etectro-Mechanical Inc. (harem after called Ii1F Principal) and {harelrl Gailcd 1110 Surety), s corporation chartered and 4�xisling luuilar lltd olasusn of tila S1att1 pr DelawarQ with he prhiclilat offices In rile city Of rind aulltorixcd to do buainaaa ir1 the 9liite of Florida. are field and flrmiy houlttl tiara lits Catlnivortunlraslonors Collier aUnl o ,Hnda In rile p111 and just sant a.f ._ _ �---�'----,_,,, (I►orolnaltar ctt4lvd the Owner), l i1L9 f'_P,tCAt1I. ltd d9liNrtl (i$ ;x?/n ar Amrnrilill �' go6G anti iaw�lrl money of 111( Uttittd Slntas oP Amar ce, to bp' i�ttfd upnli tlnlriapd o!'the Owttor, to 1vllfell puylueril Nvell and'rally !t1 be made, thet'>+flt0ipak anti ilio Suroly bind iliumselves, tholr'lioirs, Uild itxaanlor% adiniuistrator9, and px5#gna, jefutly 411d a0verally and firmly by Ifiese presenia. Wharel,s, 1110 tirirraipul is about to submit, of line submiitetl Io The Owner, a Hild for famfshing all: labor, matorinls, equipment and InoidettwIs nccl:gsary to firrnish, install, and flrlly completo the Work oil the Pmjut knowil n;: Did No. 18-7278 C(ttlfCr- County slicrifr v Office CID Building RVAC and hoof Replatfo tont. NOW, THEREFORE, if the owner sliitll itettgpt lite OW of hilt PRINCIPAL and filo PFUNCIPAL shall enter into ilia required Agrodnlottl With IN Dvawr and x4'111111 tall days 104 tfte coda of a wrinun Nglice of Awnrd fit ltoctlt'ilmur, with die tprins Qfnuuh Bid, and alva Huth atoll({ itr hands Ill an Dowunt of 106% the 191111 Cotlialaot A0*1nt 1is'specified in 11110 Ridding 17ocuuroitts ur Contratt 17ocumonis with good :and auf lciont surety fOr. 1110 faithful performancp of tho Agresinont wid for the prompt payment of labor, materials und.suppilcsa fumis lied in file prosmiliorl thurcofor, In Uto ovogt Qfthe fnilurn ofthe.Pittl CIPAL to enter Into euolt Agreed ht Or 110.91'vo suoh bond or bonil9, and deiiunr'tn -Owncr'ilie rvquirod per(lfipatbs of Insuranco, if the PRMCIPAL 911911 piny to Ilre OBtIGHE the fixed sura of .4� un �Idtttllr�l'ubuva as tlgtcitlatexl,tlitinugcs„rlllil aat 03.0;09ndlty, as provided In file ligilding Documents, t1i0h,thN'ob1l4iitionsl:inII'b; still and Voir#;_,otli4rwfgc� to �ntuilt Ira ffilf'thriu'itttd uffcot; IN Tt?:ti'I'iMONY Ttiareof, (Ito Principal iittd' Sutety t'a're pailetd mtheee. rnsenfa gyp; iZO iify Mplied 1i(d sealed this t i� — 'dity o1'. rear 21718 �: BY Cpwttera Ldtidl'Reiltil:tlt Producing Agent for.. Alter Surer .(1r a lata,; Warren M. Alter 1!3(201$ 2;92 FSM (0,7)'l, No. BI -7959a POWER OF ATTORNEY BERICLEY INSURANCE COMPANY WILMINGTON, DELAWARE ' NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL. MEN BY THESE PRESENTS, that BERK.L'EY INSURANCE COMPANY (the "Company"), d corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Warren M. atter; David 7. Satlne; Dated Auspitz; or Jonathan Barsevlch of After Surety Croup, Inc. of Miami Lakes FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 001100 U.S. Dollars `,- (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowtedgod by the regularly elected '7d 1 officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, ' without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following c resolutions which were duly and validly adopted at a meeting of the Hoard of Directors of the Company held on January 25, 2010. RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive 4.1 c Officer, President or any Vice President of the Company, in conjunction with tho Secretary or any Assistant Secretary aro hereby authorized to execute powers of attorney authorizing and quahfE ing the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal ., of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and ' revoke aay power of attorney previously granted; and further RESOLVED, that such power of attorney lint its the acts of those named therein to the bonds, undertakings, recognizauices, or "r other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further 41 RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further M. ', RESOLVFD, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any „Rpower of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or W other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any S72 person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. 7.3 IN WITNESS WFIISREOF, the Cora }�11y Mars cans d the c presents to. be slgned and Attdsled by its appiupriptc officers and its uurporate seal herounto affixed this/+dtty of c Attest; UgkkInsiironce Comptul iw a (Seal) ay__rby Ira7-115-071A-11 Jefl •e Iter �i Executive Vloe Aresldelrt &t 5ecretttty ,,'eh o i usident WARNING,, THISPOWER INVA[.Ib Ili' NOT PRINTRI) ON 13�iiE "ll�EI��CL>�Y" SECURITY I'ttiI'LrR, ;y a; STATZ OF CONNECTICUT) r-OUNTY or FAIRFIELD } -; Sworn to before tree, a Notnry Public ht the State of Connecticut, lhkly day ofII/�,(.r�ll�t �% by Ira S. l.cdennnn rind JcfAvy M, Haftcr who are sworn to me to be tic Executive !rice Pro tact t and Secrttaly, nY the Senior Vied Presidcbt, resper:tivttly, of 13erklay Insurance CoutlarrriglA lAC. f�l1Np13AICCN % NOTARY PUBLIC ' - �— MY COMMISSIDN EXPIAES ot7lyy I711b11c, State of CannecriGtrl APRT -So' CI1I>isItya 'rrlr'rCA't'lr j :4, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HFPXRY CERTIFY that the foregoing is a true, correct ';, And complete copy of the original Power of Atto=y; that said Power of Attorney has not been revoked or rescinded and that the authority of the Z :,Auorshey»w-] act set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as ;� Ynftl�isdflta Given under my hand and seal of the Company, this 6th day of Fehrusr 20 (Sauk) vinccnt I . Forte Detail by Entity Name Florida Dgpafvnent of Sate Oeoarim=nt of State /Division of Comoratmmons /Sei�rch Poecords /Detail S,rDocument N »mter / Page 1 of 2 Dr;isior< DP CGR?ORATIOMS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/23/2018 Detail by Entity Name 1701 W. Terrace Drive I-AKE WORTH, FL 33460 Title VP Chalhoub, Jahn 1 626 North Palmway Lake Worth, FL 33460 Annual Reports Report Year Filed Date 2017 0111112017 2017 02122/2017 2016 01/1612018 ❑ocurnant Images 0111 N2010—ANNUALREPORT kfiEIALYLr--CMU-� IiI11 112017 -- ANNUAI+„r_= 221181201F�-- NNSRFf}QRT l7.i?14J"dl}s r -- ANNl1AL�PP.4iL Im N oil'I •rl201 h —ANNUAL R[PDRT 0111612013 — ANNUALf3gi'13[33.T f I REPORT D11aFu201 r--ANNUAI. 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View image In PDF formal viaw image in PDF fuirnat View image In PDF Sorrila3[ Mew image h1 Pf]F lurmnt View irmoe., fi Hf7F fnfmat Vi4n4 imagq ir1 Pi?F I—M M(Av Imago In PC)F formal view Image In POF fnimol VIhw Irruh9t In PDF fomiar Vloiq onnpe In POF iornral View image in pDl Iflnnal View Immo In PDF rm.w 1Jigw image in PDF format Viaw imuge in F'DF formal View 1h;uge in Mr rorfnsl View image in pDF forenaL FkFi Oh f PI-%ftdMV Of R-Ifi 0-rVu9M of CGI(M 4Yh no Page 2 oft http.Ilsearch.sul}biz.orglirlquirylCorporationScarcltlSearchResultDetai l?inquirytype=P,rttity... 3/23/2018 0 STATE OF FLORIDA , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ` CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 CHALHOUB, DEBRA LECEY CEDARS ELECTRO -MECHANICAL, INC. 1712 S DIXIE HIGHWAY LAKE WORTH FL 33460 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 from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business In order to serve you better. For Information about our services, please to onto www.myflorid alicense.com, There you can find more information about our divisions and the regulations thatimpact you, subscribe to department newsletters and learn more about 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, and congratulations on your new license! RICK SCOTT, GOVERNOR CGC1522615 (850) 487-1395 STATE OF FLORIDA t: '"C DEPARTMENT -OF BUSINESS AND PROFESSIONAL REGULATION CGC1522615. 'ISSUED; 06/09/2016 CERTIFIED GENERAL CONTRACTOR' CHALHOUB, DEBRALECEY, , CEDARS ELECTRO. -MECHANICAL-; INC. IS CERTIFIED under the provisions of Ch.409 FS. Expiration date : AUG 31, 2018 L1606090001025 DETACH HERE KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD t i tc v�t�cIN INr% Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 0 CHALHOUB, DEBRA LECEY CEDARS ELECTRO -MECHANICAL, INC.1712 S DIXIE W« LAKE WORTH IGHWAY FL 33460 �r ISSUED: 06/09/2016 M DISPLAY AS REQUIRED BY LAW sEQ# L1606090001025 ANNE M. (, A N N U N p,p, Box 3353, West Palm Beach, FL 33402-3353 "LOCATED AT"" ...._ . CONSTITUTIONAL TAX COLLECTOR www.pbctax,com Tel: (561) 355-2264 seivits'q Paint Reach County 1712 S DIXIE HWY Serving you. LAKE WORTH, FL 33460 This document is valid only when receipted by the Tax Collector's Office, CEDARS ELECTROMECHANICAL INC CEDARS ELECTRO MECHANICAL INC 1712 S DIXIE HWY LAKE WORTH, FL 33460 niiu�llulnl�llullu� STATE OF FLORIDA PALM BEACH COUNTY B2-478 2017/2018 LOCAL BUSINESS TAX RECEIPT LBTR Number: 201579910 EXPIRES: SEPTEMBER 30, 2018 This receipt grants the privilege of engaging in or managing any business profession or occupation within Its Jurisdiction and MUST be conspicuously displayed at the place of business and In such a manner as to be open to the view of the public. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION K CONSTRUCTION INDUSTRY LICENSING BOARD oay 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-•0783 CHALHOUS, IBRAHIM H CEDARS ELECTRO MECHANICAL INC 2 LAKESIDE PALMS COURT LAKE WORTH FL 33460 Congratulationsl 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 from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com, There you can find more information about our divisions and the regulations that Impact you, subscribe to department newsletters and learn more about 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, and congratulations on your new license! RICK SCOTT, GOVERNOR I ..c:c. LMU543 ' ,I - (850) 487-1395 ,. CS Gfir2TIFIkO„under t"he'.Rtovlsf, ,ns of Gh.4-88 F5 ;J.._.�.eFsrtirntlnn dura'. DETACH HERE KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF SUSAESS AND PROFESSIONAL REGULATION CONSTRUCTIO,I�INDUSTRY LICENSING BOARD The GENERAL CONTRACTOR Named below IS,CERTIFIED Under the provislo.ns' -of-Chapter 489,FS.. Expiration date; AUG 31, 2018 '” rrw- 1-'12'S,DI)CIE` I r LAKE WORTI•I ISSUED: 07/17/2016 4 N�, +rg� ''` � Yid I�i■�� a\•� � ' " DISPLAY AS REQUIRED BY LAW SEQ # L1607170001480 [a r � r sd�•;;Y,l,^t^t�t ,. CS Gfir2TIFIkO„under t"he'.Rtovlsf, ,ns of Gh.4-88 F5 ;J.._.�.eFsrtirntlnn dura'. DETACH HERE KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF SUSAESS AND PROFESSIONAL REGULATION CONSTRUCTIO,I�INDUSTRY LICENSING BOARD The GENERAL CONTRACTOR Named below IS,CERTIFIED Under the provislo.ns' -of-Chapter 489,FS.. Expiration date; AUG 31, 2018 '” rrw- 1-'12'S,DI)CIE` I r LAKE WORTI•I ISSUED: 07/17/2016 4 N�, +rg� ''` � Yid I�i■�� a\•� � ' " DISPLAY AS REQUIRED BY LAW SEQ # L1607170001480 [a ANNE M. G A N N O N P.O. Box 3353, West Paim Beach, FL 33402-3353 "LOCATED AT"" CONSTITUTIONAL TAX COLLECTOR www.pbctax.com Tel: (561) 355-2264 Sr1,101)),j Palm Bench County 1712 SOUTH DIXIE HWY Serving you. LAKE WORTH, FL 33460-0000 TYPE OF BUSINESS OWNER CERTIFICATION # RECEIPT #/DATE PAID AMT PAID BILL # 23.0051 GENERAL CONTRACTORI CHALt1QU6 IBRAHIM HANNA CGC058543 B17.4.79827-07113117 $27.60 B40105288 This document is valid only when receipted by the Tax Collector's Office. 133 - 778 CEDARS ELECTRO MECHANICAL INC CEDARS.ELECTRO MECHANICAL INC 1712 SOUTH DIXIE HWY LAKE WORTH, FL 33460-5887 ..11.,11L�LJJI�JI��iI�I�LJ�I��l�lr�1 STATE OF FLORIDA PALM BEACH COUNTY 2017/2018 LOCAL BUSINESS TAX RECEIPT LBTR Number: 200101956 EXPIRES: SEPTEMBER 30, 2018 This receipt grants the privilege of engaging In or managing any business profession or occupation within Its jurisdiction and MUST be conspicuously displayed at the place of business and In such a manner as to be open to the view of the public. ■ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 CHALHOUB, IBRAHIM H CEDARS ELECTRO -MECHANICAL INC 2 LAKESIDE PALMS COURT LAKE WORTH FL 33460 Congratulationsi 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 from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please to onto www.myflorldallcense.com. There you cart find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. (850) 487-1395 STATE OF FLORIDA S DEPARTMENT OF BUSINESS AND Mf -V PROFESSIONAL.REGULATION CMC053774 CERTIFIED MECHANI CHALHOUB, IBRAHI,ti CEDARS ELECTEt=>ti ED 07/17/2016 AL INC Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can IS CERTIFIED under the provisions of Ch.4(39 FS. serve your customers. Thank you for doing business in Florida, and congratulations on your new license! Expiration date : AUG 31, 2010 L1607170001795 RICK SCOTT, GOVERNOR CMC053774 DETACH HERE KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD tir L1607170001795 0r� „ " ANNE M. CANNON P.O. Box 3353, West Palm Beach, FL 33402-3353 "LOCATED AT`" 1; CONSTITUTIONAL TAX COLLECTOR www.pbctax.com Tel: (561) 355-2264 Serving]'alin Warh County 1712 SOUTH DIXIE HWY Serving you. LAKE WORTH, FL 33460-0000 TYPE OF BUSINESS OWNERCERTIFICATION # RECEIPT #/DATE PAID AMT PAID BILL # 23-0065 MECHANICAL CONTRACTUfd CHALHOUB IBRAHIM HANNA I CMC053774 1317,479852-07/13/17 $27.50 1 640105270 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY B2 - 778 2017/2018 LOCAL BUSINESS TAX RECEIPT CEDARS ELECTRO MECHANICAL INC LBTR Number: 200101955 CEDARS ELECTRO MECHANICAL INC 1712 SOUTH DIXIE HWY EXPIRES: SEPTEMBER 30, 2018 LAKE WORTH, FL 33460-5887 This receipt grants the privilege of engaging in or n�InI�InInII�Iof IIof1IlllullluIIIofII managing any business profession or occupation within its Jurisdiction and MUST be Conspicuously displayed al the place of business and in such a manner as to be open to the view of the public. o� �F tarty of Lake Worth 0 Business License Division 30.01A 1900 2nd Avenue North 18-00035202 Lake Worth, Florida 33461 City of Lake Worth Business License 2017 - 2018 CEDARS ELECTRO -MECHANICAL, INC 1712 S DIXIE HWY LAKE WORTH FL 33460 Dear Business Owner, Your participation in the continued growth & vitality of the City of Lake Worth is appreciated. In accordance with Section 14-12, the d=irnent below must be posted in a conspicuous place on the premises of your business. If assistance is required, please contact the Dopartrnent for Community Sustainability/Business License Division by telephone at (561) 586-1647 or visit the City of Lake Worth's website at www.lakeworth.org. Thank you. 4. DETACH THE DOCUMENT BELOW AND POST CONSPICUOUSLY AT YOUR PLACE OF BUSINESS 4 City of Lake Worth Business License 2017 -- 2018 BUSINESS NUMBER: 0005923 NON TRANSFERABLE BUSINESS NAME: CEDARS ELECTRO -MECHANICAL, INC BUSINESS ADDRESS: 1712 S DIXIE HWY, LAKE WORTH FL 33460-5854 18-00005866 30.01H HARV CONTRACTOR 1-6 EMP (BTR) MECHANICAL CONTRACTOR 18-00005867 30.03I SPECIALTY CONTRACTOR 11-20 EMP (BTR) 18-00016083 30.01A GENERAL CONI`RACTOR;(BTRY QENERAL CONTRACTOR 18-00035202 UC USE 8c OCCUPANCY COIVIMV ,-RCIAL/INDUSTRIAL 5123 SQFT 18-00044803 30.01A GENERAL CONTRACTOR (13 T.It .GENERAL CONTRACTOR EXPIRES SEPTEMBER 30th 2018 w, t'0 City of Lake Worth Business License Division 1900 2nd Avenue North • Lake Worth, Florida 33461 COR10" Collier County Solidtation 18-7278 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of"this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attaeb an explanation to this form. CONTRACTOR By: - Signature Name and Title Street Address City, State,, Zip t DUNS Number I -.26- 201E Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: FEMA -DR -4337 M GCA - 2 1/3/2018 2:52 PM p. 29 Collier County Solicitation 18-7278 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES The undersigned ��a�(Contractor) certifies, to the best of his or her knowledge, 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, loon, or cooperative agreement. (2) [(any funds other than Federal appropriated fiends have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of arty agency, a [Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure 'Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts tinder 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. The Contractor, 1:9 rs I eci�rr,- JK - 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. § 3801 et seq., apply to this 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. -�-� l- X ex�% Signature of Contractor's Authorized Official C ,res. Name of Authorized Official and Title 1 -2 to - Zd IF .Date GCA -3 1!3!2018 2:52 PM p. 30 Collier County Solicitation 18-7278 r— EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES 1 tg-.-t2-1g Collier County Solicitation No. I, De43r•c— , 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. 1 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 1, 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 c:.....,s.,,... OCR S ! r! E°st�.'4' 1 --2-6 '-' Z Q 1 6 Pdsition Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CPR Part 2634, Subpart 1 require the reporting of this information. The primary use of tile 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. GCA - 4 1/3/2018 2:52 PM p. 31 EXHIBIT I-02 Collier County Solicitation 18-7278 GRANT CERTIFICATIONS ANIS A SST TR A VCV Q, CDWER COUNTY ANTICIPATED 016ADVANTAGED, MINORrrY, WOMEN OR VETERAN PARTICIPATION STATEMENT willt! wrfied thacribb a stataRa wi regmea tle �RRME aiher praiwde a �e�d osst or p�wide s�ce idd riot motes a rimm HALE f-- SEACIERTIFOCATUA ars Elecyro-- MecA. MSE A KOMIEA-CEItTKiED Di5 WADrr#"o, �j =HAVEA9UALLDtSA0VANTACEOFROMTHEWAKLO NIM MATUM? AJ N1XDUEDVUERApp _.. IS n%5 SMMLWCft A r1EVCSK ,'s -- 4 213 VA 1 9. (D IL mm V N 6 THE AC"W DF THIS CONTRACT- Y N CONSTAMIrm"? I Y l M N CONSULTATION? Y M i' Y N WHER? v N YA? v N Y M IFYF-; avtsoow #A u ve [07M MAqvw SUBCONTOACTOR OYSLVV iE3 a1M1UFW0:W0R VjHp(RITYC0" stJ>Nu(ntt" !li�7QDFCONTRACT NAw (see,Rekmol DOLLA&AMAOt*tr DDLLANS — _ DATE Tm E ow w Cr:9t C�aq - 24,-zoiS, Ir s�ci fiAltRADOWS5OFPR { ( TEIEWKNIEI'Ut1"am FM debra��ceclarsiAC.00 'N -638'-40$$ 561-58q- 40 P-7 NOT7= Thss idomcxoxt rs uses co aatic at,d report aniwgpated Dae a 11Age paftici�uion in rederaltyr-fr�.d aoMrxts. the aM neE ar LME anon" is VokmWy awd will not bocaeoe pact of the cm#ac Wal terwts, Ifis fang nwsI be UdwaRted at time of rrspprtse to a sokitatiaa. If "d when awarded a 00" f act. rhe priwe wlt tie aAeed to the WfwwaUm fat U* Wam amwo*aoee files. GCA - 5 1/3/2018 2:52 PM p. 32 �\' Collier County Solicitation 18-7278 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES CCU" COUNTY G"Nr wuptw4a FMM No opp011 n'Mmy Lw wit cOMMOO ES Aw eomAcruAL smias Aw Psmssilvw CQtKt~i1 umw StER sms Co"Umved 1. Fetbu T: o Number 5 4- 3% 3 c)% L I i Osi: d s� se:zsaY z_ Fin Mame: .�1t s :dtri� ► rt 4 than $1 maws 3. Namibar S 1 S eii.a L. Ams Co t� sW Pt,tt.� lwnd { 1,jw t"1 {or 4` S� en S 5-14 mann _t 7,u 4 �. st+rirt�r $ 14-15 mi:a+ C.1�-. b+tQ l Fc. _t • \ Gmi }=----35 s SeEtawut taut tion 515 ma" S. Year Fin Edd; 1. Faderal Ta O Nunber 2. Fin Mame: G OK d i�mmal Grams tiaae4ms Nen 3. Phone Member4.a Acss7. S 1-S maim. talan 3abaratract�$14.15 mien S.ktvuaeltant 515 maian S. Year Harm Estawmhed: 1. Forded Tar O Number,kNumber,6 2. Fin Mame: 8 OKta.A�Aewi.l Groes {eeeipts than $1 mililliss 3. Phame Number. 4_ Andress n $N S 5-1.4 m 7. Stttaxtrx $11}13 mriian S.icwm*aat tllan 515 Malian 5. YcarFiw Estai>isl�: 1_ Faded Ts O Number 2. Fin Mame: beE li Annual Grata 1aemqds� _ Man-offIn $1 .+ii. n 3. PhaNmm+ber Adds�El 1-5 m missrcL S-10 million$14.15 MilianS.boansultant S 15 mA mn 5. YearlF'.n E2tairle�eti; 1. Feral T: Q Number. 2. Fin Nage: iEI D"lL Aruacal Gross wmrQts gen-ODEthan $ S mm iss 3. Plume Nanher- S 1-S .iiw L Adm S S-l4maMiat 7.8 SCAN mtrActar n S 1045 million S.bc."=*aat Ulan 51S mallinn S_ Year Firm Establisbnl: CCA -6 1/3/2018 2:52 PM p. 33 Collier County Solicitation 18-7278 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If die 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 (l) the subcontractor is bound by the terms of this Agreement, (fi) 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 Oe—&C5 EiQckc, M&�t�EcLNj cam-'( Date _. 2-(,,- 20 IV Authorized Signature_ Address l71 S ix� e n -P1- Solicitation/Contract # 1g -12--7 S GCA - 7 1/3/2018 2:52 PM p. 34 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name John Chalhoub Personnel Category Construction Superintendent Ibrahim Chalhoub Project Manager 10 Construction Services Agreement: Revised 022018 BON Noi 0 Contract .Y' r c ..f 11k7278 KNOW ALL MEN 0Y THESE PRESENT$,- That Cedars Electro -Mechanical, Inc. 1712 S. Dixie Highway, Lake Worth, FL 33460 as trlrtclpal and Berkley Insurance Company t as Surety, JOW'leo a 475 Steamboat Road,Greenwich, CT 06830 (lausineis Address) are hold and firmly bound toThe Board of County Commissioners of Collar County, FISS Obligee In the &Ufi of Two Million Ninety Eight Thousand One Alun red Wiry Two and No 10 2 098,132.00¢tr the Oymentwhereof vm bind ourselves, aq( heirs; executers, personal rem fatly , sr! ' rs and assigns, jointly and severally. WHEREAS, Principal has eared into h contmet dated as of . _day of� . 0 e V*h Obligee for Collier County Sheriffs Office CID Building Hg VAC and Roof Replacement in accordance with dravAngs and spfdiioation , whit oonkad Is In orated �y references and made apart hereof, and is k9orred to herein as the contract. THE CONDITION OF T 4IS BOND Is the( if Prital*. Promptly makes payMOnt to all clairnartts as defined In Section M.060), Florida Statutes suppl ng Principal with labor, materials or supplies, usW directly Or iri by Prindpal:,In the prossoution of the work,provided fbir In the Confiract, them this bond Is void; othdtwise It remains In full fame, Any changes In or under the Contract and compliance, or nonoomplianoa with any formalities connected with the Contrast or the charges do not affect Sureties obligation under this Solid, The provisions of this bond are efts to the time Imitations of Section 256.06(2), in no event Wil the Surety be !table to the a ate to claimants for re than the, penes sum 4 this Pa ' nt Sond, regardless f th number of shits that " , y be filed by ciainiart _. IN WITNESS WHEREOF, the: above parties have executed thlo Inistruirritent,this day of 0 , the name of each party being afted and these pre6enW dtAy € jgl t its un er-signedrepresentsfive, oursvefitto outhbrhyof its g kningtliddy. 11 t ttc�n ae , A� :1C,E�yi� 0'1 fined, walled and dellver�! In the pnssenoe'of: asses as to Priridpatl STATE OF Fl or 1 d o` PRINCIPAL Cedars Electro -Mechanical, Inc. S-1 / I EM, �a The foregoing inst► art was acknowledged before Me this 9 day of 20 18 �i G as i d �..+ t },,,y, {� .�,t the (_ 44 r s Q eCf-f6 f CC L1 AAr r.&4 • `8 'Oc to a ld{ , . oomo�lorl, on beha t W 1 the corporation. Hdsh, to personally known► to the OR.has produced 4/, i9 • 8's iden0ca ffoh and dId'(did n#) take an.oath, _ My Commiselon ExpilMs: MY C014MISSIO163211 N # � o f XPIR S: December 1 , 018 Th Notary Pub 2, 20 c UndeM,rilers (AFFIX OFFICIAL SEAL) AT PP- as per attached power of attorney SBA ISS MISSION N FF 163211 NAME Bo dPIRE�' D c tuber 12, 2018 o erwrhers Notary.Publie, (tate of Conigwon Moa SURETY: Berkley Insurance Company °(Prjntod Nano) 475 Steamboat Road,Greenwich, CT 06830 (Bu$In dN" {Authorized Signature) Warren M, Alter, Attorney -in -Fact (Printed Nerve) 12; corwUCdotl Sen+lcee r°10reefrleAp Re0640 022D10 Witnesses STATE OF Florida COUNTY OF Miami Dade 1 OR I / V As Attorney In Fact (Attach Power of Attorney) Warren M. Alter, Attorney -in -Fact (Printed Name) Berkley Insurance Company 475 Steamboat Road Greenwich. CT 06830 (Business Address) (203)542-3800 (Telephone Number) The foregoing instrument was acknowledged before me this day of 20 by Warren M. Alter , as of Berkley Insurance Company Surety, on behalf of Surety. He/She is personally known to me OR has produced personally known as identification and who did (did not) take an oath. My Commission Expires: (Signature) (AFFIX OFFICIAL SEAL) DAWN AUSPITZ NOTARY COMMISSION tt GG145743 PUBLIC EXPIRES Nov. 15, 2021 STATE OF BONDED THROUGH FLORIDA Rll INSURANCE COMPANY Name: Dawn Auspitz (Legibly Printed) Notary Public, State of: Florida Commission No.: GG145743 13 Construction Services Agreement: Revised 022018 . � KNOW ALL MEN BY THESE PRESENTS' That •.Electro -mechanical, Inc. as PtIncipal, and Berkley Insurance Company locatedas SUfflty, 475 Steamboat Road,Greenwich, CT 06830 U0, to The Board of County 'Commissioners of Coller County, FL as Obligee in " suftl of •• • • • One • Thirty Two and • i1 098-132.00 xe WHEREAS, Principal has entered W6 a contract dated at of the —of 20 4 With 65-11900 R_. Collier• •.. Y Buildina 4 • •• • . - made a part hereot and I$ reletred to hereit) as G ! 11, Performs the Cororact at the timas and in the manner R` In. the Contract, orid; v " any: arid all losses, datmages, costs god ORD 0YWfeWhat0b#g9o#U$t0In$ ..s Contract ct '. changes do not .. I Mot _ L» ' ! i>? g'. snSond, to ms of th Convaot or to Work or to ft specifications, This instrument understood that the firno provisions and stattite of limitations under Section 256.05,; Florwit Statutesi shall not Apply to this bond, IN WITNESS ..:. _ Y" 3 above parlies have executed this Instrumentday of .20 , ft 06me of each party being affixed and dwse Presents duly signed by :. „teas representative, pursuant iE of its governing body. CaniftbU r 6�M s Aar�rnwAi ("viwi 0Mt4 ftlneO, ftel6d and dellverid In -the prwwhoe of "Inesses as. to Principal #rATF-oF F42"" d COUNTY OF P q A ea ej, PRINCIPAL Cedars Electro -Mechanical, Inc. NAME: De-hre, L. CA& 1110 —k IT,5: 14 /ggs; gY evi �t The tbregoing Instrument was acknowledged before me this day of A.,e g-,' I - 20 /f, by Ae,6r,, 04 " /A '0 " 4 'as 14r C5 i cleol 4 of (--;edAr-S ElezeVo-e a /-'/ c> r,'dgL. corporalJon, oh behal of the corporation. He/she Is personally known to me OR has produced t4 as Identiftedon and did (did not)"GG an'osth, my commiswon Expites: JOHN J. GJAGOBIBA Pit M COMMISSION # FF 163211 Y (1 EXPIRES: December 12. 2018 .of... Bonded Thru Notary Public Underwriters (AFFIX OFFICIAL SEAL) P -M Isionsfure) Name: -To 4 T a e N Co S,Decbu Epf (a �4�ruotay Public UrderwMers . ia (9 CwWrtwoon SOMMAGNinlWFNI it VIsed 0 M 18 ATTEST: As per attached power of attorney ,-saes as G surety SURETY; Berkley Insurance Company Warren M. Alter, attorney -in -Fact OR Berkley Insu nce Company 1\ As AttOMoy'in Fact (Attach PdWetr of Aftorney) Warren M. Alter,Attorney-in-Fact (Printed Neff*) 475 Steamboat oad,Greenwich, CT 06830 001900% Ac tress) (203) 542-3800 ,eiephms Numb STATE OF Florida COUNTY OF Miami -Dade The foregoing Instrument was acknowledged before me this day of 20 Warren M. Alter t Attometin-Fact p - _ pf Berkley Insurance ComEanX $ Delaware �ir8t��:CMf1 blahaN of MV (AFFIX OFFICE & $EAL),� Nom; Dawn Auspitz (185RAy Printed) I�lotdr j'PUbIIC, ate of Florida Comm Won No.: GG145743 _ DAWN AUSPITZ G COMMISSION # GG145743 NOTARY PUBLIC EXPIRES Nov. 15, 2021 STATE OF BONDEDTHROUGH 1S FiORIDA RLI INSURANCE COMPANY Grjt,stnlpllbn Ser4*A Ayrempe ' f BY(e®d o�qt No. BI -7959a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. b KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Warren M. Alter, David T. Satinet Dawn Auspitz; or b .E� Jonathan Bursevich of Alter Surety Group, Inc. of Miami Lakes, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver. any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars '(L) (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. 1~ This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive cOfficer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute o? bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further Q 2 RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or `�° other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further o RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any s� power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that the may have p g Y Y C) ceased to be such at the time when such instruments shall be issued. Y 1N WITNESS WHEREOF, the Coin any has eaus d these presents to. be signed and attested by its appropriate officers and its o corporate seal hereunto affixed this day of , 71-- 1= UAttest:' Berkle' Insurance Cotnpan I (Seal) By j By o Ira . Leder an Jef `e fter °o Executive Vice President &Secretary en o is esident WARNING,, THIS POWER INVALID IF NOT PRINTED ON BLUR " BERKLEY" SECURITY PAPER. b STATE OF CONNECTICUT) un o COUNTY OF FAIRFIELD ) ' / Sworn to before me, a Notary Public in the State of Connecticut, this�y�day of NG46� Z�� , by Ira S. Lederman and Jeffrey M. [lifter who are sworn to me to be the Executive Vice I'reder t and Secretary, n the Senior Vice President, respectively, of Berkley Insurance CornpanVARIAC. RUNDBAKEN > NOTARY PUBLIC Q MY COMMISSION EXPIRES kKotary Public; State of Connecticut: o APRIL 30, 2019 CrliTlr>tCA�rr Z ul, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct Z and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the fx Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as 3 Yofthis date. Given under my hand and seal of the Company, this day of (Seal) Vincent 9. Forte Please verify the authenticity of the instrument attached to this Power by: Toll -Free Telephone: (800) 456-5486; or Electronic Mail:PSGIngg �r@herkley Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety 412 Mount Kemble Ave. among= Morristown, NJ 07960 Attention: Surety Claims Department Email: BSGClaiiLm@bgrl<levsurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety is a member company of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. EXHIBIT 13-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be 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", or, the specific solicitation number/contract number and title. The General liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B-3 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage,( shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement: Revised 022018 Should at any time the Contractor not maintain the insurance coverage Ls required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverageLs purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such 'insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageu shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to providethe Countywith such renewal certificate($) shall be considered justification for the County to terminate any and all contracts. is Con*uctton Services Agreement: Revised 022016 Collier County Solicitation 18-7278 renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. F3. ., i 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ® Employer's Liability single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworkees 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 claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ _ Per Occurrence 1!3!2018 2:52 PM P. 16 a� Collier County Solicitation 18-7278 7. ® 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. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds 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. 9. 23 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, 10. ® Collier County must be named as "ADDITIONAL, INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® 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 or 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. 12. ® Thirty (30) Days Cancellation Notice required // Caw[ ec.- r7 JW 12/21/17 C- 1/3/2018 2:52 PM p 17 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor') releases and waives for itself and it's subcontractors, materia! -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board cf County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until sand payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be riled, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges riled or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No, Witness President Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: The foregoing instrument was acknowledged before me this day of 20 , by , as of known to me or has produced (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Corporate Seal) corporation, on behalf of the corporation. Helshe is personally as identification and did (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of commissioner No.: 21 Construction Services Agreement: Revised 022018 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners (the OWNER) or Collier County Water --Sewer Owner's Project Manager's Name: Date: Bid No. Shall be signed by an authorized re resentative of the Contractor. County's Division Name -Payment Professional's Name: Proiect No. -Design Submitted by Contractor Representative: Name -Signature: to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Application Date: Contractor's Name & Address: Signature: Payment Application No. Date: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @10% through [Insert Date] $ Retainage @ 10% through [Insert date] $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWN ER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized re resentative of the Contractor. to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: -Payment Professional's Name: -Design Date: -Signature: to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: -Payment Owner's Project Manager Name: Signature: Date: 22 Construction Services Agreement: Revised 022018 EXHIBIT D Conlhued SCHEDULE OF VALUES FiontHamr Nmleettrrmbrr n,tr Period T.: ' E%planation for the two columns under Previous Applications: The Thru hate 4where you will place all Information until the contract IS complete unless a release or reduction of retalnage issuo CO Into play. II this happens, al Intarmatien up to the date of the%change In yet aIna ge Is placed In the?hru Date column. Information atter that date Is placed in the Since Date column, This states what has happened since the change In relainage. 23 Construction Services Agreament: Revised 022018 F rWORK COMPLETED ■YLYi'LL7� � 1 ' E%planation for the two columns under Previous Applications: The Thru hate 4where you will place all Information until the contract IS complete unless a release or reduction of retalnage issuo CO Into play. II this happens, al Intarmatien up to the date of the%change In yet aIna ge Is placed In the?hru Date column. Information atter that date Is placed in the Since Date column, This states what has happened since the change In relainage. 23 Construction Services Agreament: Revised 022018 F Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Invoice Previously Received Previously Installed Balance To Date Descri tion Supplier Number Received This Period Installed This Perlod Install 24 Q �, Construclion Services Agreement: Revised 022018 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: htt ://bccs OI/SiteDirecta /ASDiPurchasin /Forms1/Forms/Default.as x Change Order Form CantrarkM I Chang aiit:= PurchasiOrd zi-C Project a; ContractodFiirrm Name: Project Name: Project Manager Nama Department: onainol Cantroctnwork Order Amount GrIglnal BCG Approval Datc; Agbnda Itom 4 Currant BCC Approved Amount Last BCC Approval Dote; Ager4a Itern# Current C onaacl.,W ori Ord Er Amount SAP Contrast Expiration Date (fataatWr Dolhr Anlountof this Changs 4DIV10! Tots Change frorn CrWnoIAmaunt FtaaisodCcntrecMrrKOrder Total S 0.00 *DIV101 Chyn$$franiCVrardBCC AMrmrodAr UrIt CunwlativieChanges 5 0.001 oo1%tini Chance frornCLirrenllAnront Completion pate, Descriptionofof the�Task(Is( Change, and Ratlonale for the Change DatlCe to Prose L�l Original e� Last Approved IMulsrd 4 ate "r pate Completion Dat Datt Itr1v�]aat4�rnarge; 4ofDays Addtrd WectTasks ❑ Addnewtask(s) ❑ Deletetask(s) C1 Changetask(s} D Othertsaaoavgl Providearesponsetothe following: l -)detailed and speciFleexplanationlration3leofthe reque5tedthan ge(s)to thetaskrsl and J or the additional days addEd of requeModj; 2 jwhy this change was not included in theodglnall contract; and, 3,j describe the impact H this ehanne is not orgces5ed. Attach sdd'as7nal lniormst�r. tram the DoGgn Profess anil ardlfir Carlraeior ii ris0al, Prepared by: Dale, ( ra�1 r anxa=r F{amr:and eparimer•1) Ac_eplanceofthisChan e:Orershag cortmaulaamodificationlocontract Pwo*orderi'tnlifiadaboveandwill hesubjacl10alllne11"It rermSind condalcnsasconlaineiirk 1tacBrtracllwortorder indioatedatog e,asfay as91hesama,"raslat @dinthis acaplanae. Tho sdjLstrner.t.rfans,tothtcorrtraetShallconslitrrleafull 3ndfinal sell *m ftlVary and allc4imsoftheContractor )Vendor,'Con' 6haml Dta is n Professional grim Ing out of or related to Ihtchirge set forth hereln, ir4cluding d13inla for impaci and dtUV costs. Accepted by: Dale. ontraclorr vendorIcons u anrfDeaiar. r r.5& im al and Name of r Irm,ifpro*tapplicsbit) Approved by: Deagnroew Dam: anrto irm.iFpro)eciappleabsr} Approved by: Date: ( rocuremenl Profess arta qj r4 U5:: YG 2 375"'t'! 7'9r 12:i Mk 25 ConstruCtinn Services Agreement: Revised 022018 O� EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWN ER'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 PROFESSIONAI-, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: GATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Canslruclfan Services Agreement: Revised 022018 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 _ 24 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 120 OWNER By: Type Name and Title Q� 23 ConstruGtlun Services Agreement, Revised 022018 EXHIBIT G: FINAL_ PAYMENT CHECKLIST Bid No.: Project No,: Date Contractor: The following items have been secured by the for the Project known as 20 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: A_ 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 tralned 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: i 10, Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13, Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by NIA, If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 28 Con$trUc0orl Services Agreement: Revised 022018 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. 2s Construction Services Agreement: Revised 022018 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or underthe Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents), 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress 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 30 Construction Services Agreemenl: Revised 022018 limited to the hours of 7 a.m. to 7 p -m., Monday through Saturday_ No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's Interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as 1=xhibit_p. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.796 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. 45 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 31 Construdion Services Agr"rnent' Revised 022018 KI) 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%y 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 Fxhibit 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. 4.90 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. 4.91 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation $2 ConStrUetlon Services Agreement: Revised 022018 5. PAYMENTS WITHHELD, 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may he necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218,735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 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. 33 Construction Services Agreement Revlsed 022 Al 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement: Revised 022018 {e record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the. amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the 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 35 Construction Services Agreement: Revised 022018 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (S) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a) -(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S. DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5748 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. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all 36 Construdior1 Services Agreamant, Revised 022018 U work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9,2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner, Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, howe\A-,r, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed worm 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 8 Construction Services Agreement: Revised 022018 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. 14.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above, Contractor's and Sub -Contractors 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 Contractors claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County 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 Subsection 14.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed ss Censlruction Services Agreement: Revised 022016 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 worts is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE, 13.1 To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall defend, indemnity 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 Contra ctor/VendorlConsultant or anyone employed or utilized by the ContractorlVendorlConsultant 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. s$ c Construction Services Agreement•. Revised 022018 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-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and focal laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services_ Exceptions to the program: Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors 1 Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable IE-Verif evidence and the executed affidavit the blddees 1 Contractor's prol2osal may be deemed non- responsive. 40 Construction Services Agreement, Revised 022018 M -EN Additionally, Contractors shall require all subcontracted Contractors to use the E -Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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. 41 Construction Services Agreement: Revised 022018 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is 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. 42 Construction Services Agreement: Revised 022018 18.6 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 untitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractors remedies against Owner shall be the same as and limited to those afforded Contractor under Suction 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 Ownerotherwise 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 tyre Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND FLIGHT 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. 192 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 suspenders, 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 untitled 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. 201 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 43 Construction services Agreement: Revised 02201a 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 thereat) 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 Managerand Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Fxhlb t C. (3) Consent of surety to final payment. (q) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner, Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 71.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment 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, as Cdnstrucl{on services Agreement' Revised 022018 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 groundsfor 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. 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 coverthe 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 45 Construction Services Agreement: Revised 022018 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 (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount andlor 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 spilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best. interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owneran 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 ae Construction services Agreement: Revlsed 022018 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 Owners 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 A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.113, for services not rendered. 25. PROTECTION OF WORK. 25.1 '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 atthe Project site or adjacent thereto, Contractor, withoutspecial 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. 0 47` Construdon Services Agreement: Revised 022018 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and 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 NEPA 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, 48 Construction Services Agreement• Revised 022018 Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind, 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28,5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations Issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.57 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 49' Construction Services Agreemenl: Revised 022018 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 completionitermination 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 is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS ANIS 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 so Constructicn Services Agreement: Revised 022018 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 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 reliabifity 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 O 51W Construction Services Agreement: Revised 022018 Owner upon termination of Contractor, (3) provide that Owner will bean additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order, In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33,6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.8.4 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 52 Conslruollon Services Agreement: Revised 022018 -5 34.1.3 Shop Drawing 5ubmittaIMpproval 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 -E=stimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34-1 .20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34,1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34,1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations 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. Priorto 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 casts. 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 Construction Services Agreement• Ravlsed 02201 El � under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS ,collieraov.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 toeing performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of 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 & 30130A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, MACE, 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 1 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 1 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, 54 CarrslruCti0r1Services Agreement: Revised 022016 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 D Canslructlon Services Agreement: Revised 022018 �' EXHIBIT I: SUPPLgMENTAL TERMS AND CONDITIO (FOLLD .. ING THIS PAGE 56 Construction Services Agreement: Revised 022 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS FEDERAL_ EMERGENCY MANAGEMENT AGENCY The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Contractor means an entity that receives a contract. The services performed by the awarded Contractor shall be In compliance with all applicable grantor regulationsirequirements, and additional requirements specified in this document. It shall be the awarded Ccntractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts ( e,g_ subcontract or sub -agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower -tier subcontractor or service provider. FCI'-I EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS 1. Administrative, Contractual, or Legal Remedies - Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or In a Florida court of competent jurisdiction. 2. Compliance with Federal Law, Regulations, and Executive Orders - The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 3. record Retention — A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment Is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. B. In the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the County, the FEMA Administrator, the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related to the litigation or settlement of claims 4. Reporting - The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. S. Access to Records — (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed, (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract." 6. DHS Seal, Logo, and Flags - "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval." 7. No Obligation by Federal Government - The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 8. Program Fraud and False or Fraudulent Statements or Related Acts - The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." 9. Energy Efficiency Standards - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan Issued in compliance with the Energy Policy and Conservation Act. 10, Recovered Materials — (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance FCP-2 C4 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, lit s:llwww.e a. ovlsmm/c m rehensive- rocurement- uidellne-c - ro ram 11. diversity — All contracting and subcontracting opportunities afforded by this solicilationlcontract embrace diversity enlhusiastioally. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida, Firms qualifying under this solicitation are encouraged to submit bidstproposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidderslofferors, including those who qualify as a Minority Business vendor. A list of minority and women owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. More information is also available at this State of Florida website: htt ./lwww.dms.m ilorida. om1 enc administratienl f ice of supplier di it sd 12. Termination for Cause and for Convenience - This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party Is given: (a) Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (b) An opportunity for consultation with the terminating party prior to termination. This contract may be terminated in whole or in part in writing by the local governmentfor its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in I (a) above. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other work, and any payment due to the contractor at the time of termination may be adjusted to cover any additional casts to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intentto terminate. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall promptly discontinue all affected work (unless the notice directs otherwise) and deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor In performing this contract, whether completed or in process. 13. Patents and data - No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor's services. 14. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R_ pt. 180 and 2 C.F,R. pt. 3000. As such the contractor is required to verify that none of the contractor, Its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 1130.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters Into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Florida Department of Emergency Management, the Federal Government may pursue available remedies, including but not limited to suspension andlor debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C FCi'-3 f EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions," (5) The Contractor's debarment and suspension status will be validated by the County at the System for Award Management at w�yv _sarn. jjgy 16. Lobbying - No funds received pursuant to this Agreement may be expended for lobbying the Federal or State Legislature, the judicial branch, or a federal or state agency. The bidder or offeror certifies by signing and submitting this bid or proposal, 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 Bidder or Offeror, to any person for influencing or attempting to Influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included In the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into_ Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,400 for each such failure. 18. Clean Air Act and Federal Water Pollution Control Act - (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Glean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable stndards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to Include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 17. Copeland Antl-Kickback Act I. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR pt. 3 as may be applicable, which are incorporated by reference into this contract_ ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses In any lower tier subcontracts, The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12. 18. Contract Work Hours and Safety Standards Acts - (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed an such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek, FCP-4 0 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth In paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages, In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, Including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth In paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." 19. Equal Opportunity - In accordance with 41 CFR §60-1,4(b), the County hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof. "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall Include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS "(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor Issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 20. Small and Minority Businesses, Women's Business Enterprises and Labor Area Surplus Firms Requirements A. The Prime Contractor must take all necessary, affirmative steps to assure that small and minority businesses, women's business enterprises, and labor area surplus firms are used when possible. 2 G.F.R. § 200.321(a). At minimum, the following six affirmative steps must include: i. Solicitation Lists. The Contractor must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F.R. § 200.321(b)(1). ii. Solicitations. The Contractor must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources_ 2 C.F.R. § 200.321(b)(2). iii. Dividing Requirements. The Contractor must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). iv, Delivery Schedules, The Contractor must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200,321(b)(4). v. Obtaining Assistance. The Contractor must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). vi. Prime Contractor Requirements. The prime contractor, if subcontracts are anticipated or let, must take the five affirmative steps described in ¶ B(i.) through B(v.) above. 2 C.F.R. § 200.321(b)(6). FCP-G CC? EXHIBIT 1-01 FEDERAL_ CONTRACT PROVISIONS Additional Guidance B. Meaning of Terms. The Uniform Rules do not define the terms small business, minority business, women's business enterprises, and labor area surplus firms. FEMA will use the following meaning of the terms when evaluating compliance with the requirements of the Uniform Rules. If state, local, or tribal law and procedures provide different meanings of small business, women's business enterprise, and minority business, then FEMA may accept those meanings. (1) Small Business. An independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification_ As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Section 288.7(13, Fla Stat. (2) Women's Business Enterprise, A business enterprise that is: (a) at least 51 percent owned by one or more women or, in the case of a publicly owned business, at least 51 percent of the stack is owned by one or more women; and (b) whose management and daily operations are controlled by one or more women. (3) Minority Business. Any small business concern which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51 -percent -owned by minority persons who are members of an Insular group that Is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to Identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminorlty person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds $1 million. For purposes of this subsection, the term "related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. Section 288,703, Fla. Stat. More information about Women and Minority Business Enterprises is available on this State of Florida website: http://www.dms.mvflorida.com/agengy administrationlofflce of supplier diversity osd (4) Labor Area Surplus Firm. A labor surplus area firm is one that, together with its first tier subcontractors, will perform substantially in labor surplus areas. The Department of Labor's Employment and Training Administration has defined labor surplus areas (LSA) as localities that have a "civilian average annual unemployment rate during the previous two calendar years of 20 percent or more above the average annual civil unemployment rate for all states" during that same period. 20 C.F.R, §§ 654.4-654.5. More information about LSAs is available at 20 C_F.R. pt. 654, subchapter A as well as on this website, htt s:llwww.do a a. ovl ro rams! ab rsur lus02.cfm. The Department of tabor has also issued a list for FY 2016 of all the LSAs: htt s:! I t ovl ro ram I cfm. 21. STATE PROVISIONS Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Discrlminatory Vendor List/Public Entity Crime: Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, FCL -7 ccllro EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000,00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other Information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Conflict of Interest: This ContractlWork Order is subject to chapter 112, F.S. The vendor shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Contractor's company or its affiliates. FCP-8 (2 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE I . Certification Regarding Debarment, Suspension, And Ineligibility+ and Voluntary Exclusion 2. Certification regarding Lobbying 3. Conflict of Interest 4. Anticipated DBE, MJWBE or VETERAN Participation Statement 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6, Acknowledgement of Grant "ferias and Conditions GCA -1 C�� EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT Certification Regarding Debarment, Suspension, and Ineligibility and Voluntary Exclusion Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attacl} an explanation to this form. CONTRACTOR By: Signature Name and Title Street Address City, State, Zip DUNS Number Date Sub -Recipient Name; Collier County Board of County Commissioners DEM Contract Number, TBD FEMA Project Number: FEMA -DR -4337 GCA -2 0 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned (Contractor) certifies, to the best of his or her knowledge, 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 influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all 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. The 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. § 3801 et seq., apply to this 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. Signature of Contractor's Authorized Official Name of Authorized Official and Title GCA -3 EXHIBIT I-02 GRANT CERTIFICA"TIONS AND ASSURANCES COLLIER COUNTY 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 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. Name Signature Position Date Privacy Act Statement Title l of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart 1 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; (S) 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 OG1a/GOVT-2 executive branch -wide Privacy Act system of records. GCA - 4 0 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED D15ADVANTAr ED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT will be verlfied Unverifable statuses will rerlUire the PRIME to either preivele a revised statement or provide source dpeumentatlon that validates a A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME r PRIrst FEIDNUMW I CONTRACT DOLLAR AMOUNT ISTHEPRIMEAftORIDA-CERTIFIEDDISADL'AtITAGtO. yilWAN y N IS THE ACTIVITYOFTHIrCONTRACT._. MINORITY OR V101.1 EN EUSINESSENTERPRI5V 0151? Y N foNSTRUCTION? Y bl (D8k1&16E/W6E) OR HAVE A SMALLDISADVAhTAGEo 6UNNESSBACERTIFICATION FROM TmESMALL BUSINES5 M15E? V N cONSUlTATIoW Y N ACMINISTRATICIN? A SERVICE DISABLED VETERAW NEE? Y N OTHER? Y N SDH 6A? Y N IS THIS SUSMI55;13N A IIEVB10N? Y N IF VE5, REV�SIOIJ HUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DI5AI)VANTAGEU MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE IWWBE SUBCONTRACTOR OttSUPfiLrER TYPEOFwORKCIR ETHNICITYCORE I SUB/SUPPLIER PERCENT OF CONTRACT VFTFnilLI NAME SPECIALTY (S44 selaw? DOrAAR AMOUNT DOLLARS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF 5UEMITTER I DATE I TrrLE OF SUBMITTER 11 EMAIL ADDRESS OF PRIME (SUBMITTER) I TELEPHONE NUMBER I FAX NUMBER I NOTE: This iniormation i5 used to track and report anticipated DREW MBE Participation in federally -funded contracts. The antirapat" OBE or MBE amount is voluntary and will not become part of the contractual terms, This form must he submitted at time of response to it sclicilation. If and when awarded a County contract, the prime will be asked to update the infonnatlon for the grant compliance filet. ?S, D. SECTION TO BE COMPLETED BY COLLIER COUNTY ❑Folitr AENTNAr.AE[OLLrERCbfITRA{THIIFBJRFParPO/REOI GRANTPROGRAF'1'COw ..T DATE GCA -5 0 CODE Black American BA His anicAmeriean HA Native American NA subcont. Asian American SAA Asian -Pacific American APA Non -Mince V-Ort7en NMW Other; not of any other group listed 1 0- D. SECTION TO BE COMPLETED BY COLLIER COUNTY ❑Folitr AENTNAr.AE[OLLrERCbfITRA{THIIFBJRFParPO/REOI GRANTPROGRAF'1'COw ..T DATE GCA -5 0 EXHIBIT 1-42 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTYGRANYCnh1PLIANCE 1`091"1 BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES Continued 1. Federal Tax ID Number:. 158E 8, Anrual Gros RetRip4s 2. Firm Mame: a hor-0$E Lecsthan .Oo i million 3. Pnane Number: Between > 1•5 million I- Addrets BetwYen S 3.10 million �. Subcontractor Between r 10-15 mill Subconllrkant Mare than $ 15 r llion S. Yea* Firm Established: 1. Federsl Ta% ID humaer 8. DBE a. Annual tarots Receipts 2. Firm Name: Non -DBE Lasa than 5 1 million 3. Pnane Num ben BetWeen S 1-5 million 4. Address Between 5 5-10 m:Ilion 7.1... Subcontractor Between S 10.15 million 1 Subconskil Hare than S 15 malior 5. Yea, Flrm Established; 1. Federal Tar ID Numher: Il DUE 8. A--. J Gross Receipt; 2. firm Nome: kor•GBE Lc 5s than S i million 3. Phone Num her. Between S 1.5 million d. Address Between ; 5-10 rl 711 Sihcontractor Between 5 10-15 million subcons¢;tan. Ir.ore than 5 15 nt7lier. 5. VdarfirmEctabifshed: 1. Federal Tax ID Number: 6.D5E S. Annum Gross Reaeipta 2. Firm Nanta: hor-DBE Leu than $ 1 million 3. Poona Number: Between 5 1-5 million :. Address Between 5 5-10 million 7. $ut t!*AkFactor Between S IG -15 million SubeonzOtan: More than 5 15 m7Ml S. YeerfirrnE;tabllahe4; 1. Fedara4Tax IDNumher: 6, b$E ¢. ArraalGro:sRectipu 2- Firm Name: t; or•Ct$E Less than S 1 million 3. Phone Number. Between a 1-5 million 4. Address Between a 5.30 million _. $ctween r 10.15 rniliion aSp4tonSraetaF 5ubcor.s0tant Wore thae'rl5million 5. Yea, Nr•n Ectabllshed: Gil 0 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down (if 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 (l) 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 perfonnanec 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 # GCA -7 a