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Cedars Electro-Mechanical, Inc. Construction Agreement
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, FL 33460,a Corporation, authorized to do business in the State of Florida,to perform all work ('Work") in connection with HVAC Modifications to North County Regional Water Treatment Plant, Invitation to Bid No. 18-7391 ("Project"), as said Work is set forth in the Plans and Specifications prepared by AW Solutions, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the"Agreement"and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contracke one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management,supervision, financing, labor,materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents, Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount(herein "Contract Amount"), in accordance with the terms of this Agreement Two Hundred Seventeen Thousand Dollars (S217,000,00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form p-escribed 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 snail 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.frns.treas.gov/c570/e570.htnilitcertified. Should the Contract Amount be less than $500,000,the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. • Constniction Services Agreement:Revised 072118 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 five (105) 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 fifteen (15) 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, Nine Hundred Fifty-Eight Dollars ($968.00) 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 or a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 2 ConsruUlon Services Agreement:Revised 072118 D. Determination of Number of Days of Default For all contracts. regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay In achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. Tie 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 Agreeinert. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 18-7391-HVAC Modifications to North County Regional Water Treatment Plant. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2 Contractor's Bid Submittal Forms and Addendum Exhibit A-3. Contractor's List of Key Personnel Exhibit B-1• Payment Bond Fairs Exhibit B-2: Performance Bond Forms Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G' Final Payment Checklist Exhibit H' General Terms and Conditions Exhibit I. Supplemental Terms and Conditions [2]Applicable Not Applicable 3 Constucl,on Services Agreement:Revised 072118 The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 18-7391-HVAC Modifications to North County Regional Water Treatment Plant. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www bidsync.cornibidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box( ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. EExhibit J. Technical Specifications LIExhibit K: Permits DExhibit L: Standard Details IZExhibit M. Plans and Specifications prepared by AW Solutions, Inc. and identified as follows: North County Regional Water Treatment Plant Lab ACCH System as shown on Plan Sheets 1 through 19. 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, FL cfo Water Division 4370 Mercantile Ave Naples, Florida 34112 Attn. Paul Abbot, Project Manager Phone: 239-877-4515 Email Paul.AbbotAcolliercountvil.qov 8. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U S. Mail, E-mail or Facsimile, addressed to the following: Cedars Electra-Mechanical, Inc. 1712 S, Dixie Hwy. Lake Worth, Florida 33460 Attrr Debra L. Chalhoub,President Phone: 561-588-4088 Email; Debracncedarsinc,corn C. Either party may change its above noted address by givirg written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. € 1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: 4 COnslfuction Serviues Agreement.Revised 072.11tt "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. ND 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. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute ail 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 he party who physically prepared this Agreement. 1 he rule sometimes referred to as "fortius 5 Construction Services Agreement:Revised 072118 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 appied 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. Construction Services Agreement Revised 072118 - WONESSROtho *las hal,"**OW..0* 41110ertii; '110 trtAmitticibellalk Cift, TOO); ES; elsOattit Eleatcraikaii,„ NW,ira frOOTONITAtS8 elper, "...0 AA.lAaoh. piestcleiti -7 - .74-4„.„ - 'PrititNairrogveroi Tit* 7 ode !mit Now - SC wcrwss _r1.414 P,Ift it Nis* IN* ATTEer *AP OP oNN:ty OMSSO!,1ERS. cx)LuER doutairtow 4)lostal K. Kinzet, Cletit.0#10. Cif*0004 141 Pqmptrollpr - 6Y: Andy SOS.Esq DIrm Chaiyned! Apprwed aS*Form OA 4410141t 0,4,11:01*-1604eir" Cons elxliee Setvioas'Agree nsesst:Revised 072tit EXHIBIT A-1:CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) Construction Services Agreement:Revised 072118 ( COLLIER COUNTY WELLNESS CENTER RENOVATIONS TO BUILDING G NAPLES,FLORIDA Project No: 18-7391 Project Tree: HVAC Modifications to North County Regional Water Treatment Plant BID SCHEDULE Rev 06-07.16 BIDDER: Ccda/'s E(eGfi^o_ /V(.e cit.c i ._(,, _rr1 c. I ' Remove)and(Replacement a the wasting 100%outside Air Spat Syatern AHU-54C1,15A, All Controls { Required to prts4de a fully fnctionlnp Alt Coiwition0 System that Is,Mtepnlsd wO,the existing EMS siren be pmtitc d Provide Temporary cc0ksp for first Ifoor tabonsfory area end laboratory ollxes served by AHU-6A end AHU- 59. APpaxknatety 1,225 CPM The Contend or:shell Mee an Mdependeet Asst and balance e0ancy to telt and balance ea new end edebiso HVAC sy tvmi assoc1eted eA9,the Aral Soot laboratory. Airflow canna ns d exi:,linsf systems ens prosdJW to assist the test and batanoe s2ency, Me Co ntractorstot submit 1/4 l'•0-coot[Meted tnstalleMon dniwinps of all HVAC egcrpmant,ducMgrk, piping,and contnala for review end mum vol prof to t0mancind with work. I j General Conditions �t/ 00t' SO Demolition 0 00 SO Cutting/patchiingttwall.s.��� ,}1iRr� [•�f1....TI 1'j I � i 4 'ser," s,++#^°i% - .. ' Furnish and deliver HVAC Equipment " 0 O ci t SO Receive and install HVAC Equipment 12,/000 SO Refrigerant and Condensate Piping 0 0 0 �r Ducts,registers,dampers 0 0 0 r { Temperature Controls O 0 Test and Balance ar' Q 0 0 All Electricallwork Z O a 11 $0 Final Cleanup j 04 Q $0 ALTERNATE BIOS: Total Lump Sum Bid p $217,000 AC_ ALTERNATE 1 Provide 10 Year Warranty for Labor,Parts,end Material / 1>5.0 0 ALTERNATE 2 Provide 5 Year OperaUons&Maintenance(0&M)Service ( 2, 5'0['7 sO BID SCHEDULE 1 Collier County HVAC Modifications to North Regional Water Treatment Plant, Lab ACCH System Project Address: 8005 Vanderbilt Beach Road Naples, Florida 34120 Subject Plan for Temporary Cooling during A/C System SA replacement Prior to the demolition of the A/C-SA system,Cedars Electro-Mechanical,Inc,will rent the specified 25 ton package unit or equivalent,have it delivered to the project site,set up and connected electrically and mechanically to be properly operated when needed. This temporary unit will be running prior to commencing any work,during the whole period of the A/c replacement and until it is confirmed that the new system is up and running as intended, Coordination with the Owner's staff and care will take place in determining the location of the temporary unit where it would minimally interfere with the operation of the facility. EXHIB t A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FoLLovvr,G TH*. .7'AGT,) 9 Construction Services Agreement:Revised 072110 Page I of 2 ou Cerber Cnty Email' jImnanagan©colliergev.net Telephone; (239)252-8946 Administrative Sew' eeDon Pun:risme; ADDENDUM#1 Memorandum Date: June 14, 2017 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum#1 — 18-7391 HVAC Modifications to NCRWTP 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. The equivalent Trane unit Is: Trano Performance Climate Changer(CSAA),Model No.CSAAO17UA The AWS equipment selection data for the Trane unit is as follows: Trane Equivalent to Specified Aaon Unit for AHU-5 Product Summary Qty Product 1 Performance Climate Changer 1 Air-Cooled Condensing Units(Commercial) 1 Morganizer Conversion • Morganzier Modifications for 100%Outside Air • Internal Face and Bypass Dampers Add • Hot Gas Reheat Coil added(where hot water coil is shown) • UC600—DOC Controller • Full Standalone controls • Bac Net Interface • Full Seacoast Coating on all coils,all interiors,and all exteriors for BOTH the CU and the ANU's by Bethel Products. > Attached: Information for AWS Trane Selection for Aeon Equivalent doc Attached: Revised Bid Schedule —Addendum #1 Bid Schedule R3 o Indicate value of Temporary HVAC for Lab and Offices o Attach proposed temporary cooling concept plan description with bid schedule Attached: 06-07-18 Pre-bid Minutes and Sign-in sheets Please acknowledge receipt of this Addendum with your bid proposal Signature Page 2 of 2 r - ec-/-e•0 - /111 a—kt 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 CO/PTer County Email iirnfianagan@colliergov.net Telephone: (239)252-8946 tistrative&mites Mm Pwchasirp ADDENDUM#2 Memorandum Date: June 21, 2017 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum#2— 18-7391 HVAC Modifications to NCRVVTP This addendum has teen 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. 3, Response,with attachments,to Question posted on BidSync: o QUESTION:The plan note calls to provide 1,225 elm to lab and lab offices,This would he the supply air dad COMCS from AHU 5-13;so since Al IU 5-A is being replaced which feeds 5-B they want us to provide 1,225 din the lab and office this is"comfort cooling"air.My question is what do we need to do for the rest of air for the lab hoods.AHU 5-A provided make up air to the hood and some supply air for cooling at the diffuser in front of hood.Are they going to use the hoods while this unit gets replaced?If so I don't any reasonable way to get supply air onto each hood and also control the supply air on and off based on which hood they arc using and when.It appears they have 2 motorized dampers interlocked with each hood to open when in use and close when riot in use.How do you do this with constant volume temp A/C units?Is it possible to ask for a more detailed explanation of the temp A/C requirements'? o ANSWER:The temporary cooling solution must provide a minimum of 25 tons of AC for the Lab to be operational during the time AHU-5B and SA are offline.Attached is a cut sheet for a suggested 25 ton unit available for rent that can accomplish this scope.Temporary power should be obtained from Panel CPP3 via a temporary circuit appropriately sized for the 25 ton unit selected.Use temporary duct equal to Masterduct per attached cut sheet. A Attached: Masterduct Catalog Cut Sheet Attached: Portable 25-ton Catalog Cut sheet Bidders Questions and Answers QUESTION AND ANSWER PERIOD IS CLOSED. PLEASE REFER TO BIDSYNC FOR ANSWERS TO ALL QUESTIONS POSTED. QUESTIONS AND ANSWERS ARE HEREBY INCORPORATED AS PART OF THE BID Please acknowledge receipt of this Addendum with your hid proposal. Signature - e itItchca_ntecai, 2:1( Bidder If you require additional information, please roost a question on the Online Bidding site or cortact me using the above contact information. a BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA HVAC Modifications to North County Regional Water Treatment Plant BID NO.18-7391 FullNameofBidder ( c . Mec- çvt ca4 Inc Main Business AddressILItis t c j1GO3 WIt, t— 0 Place of Business 5104 Telephone No. ,=1"(,7 f- ktrist FaxNo. 54't 5g r- 44)87 State Contractor's License# cac 152.2_4,$, C State of Florida Certificate of Authority Document Number S DI'S 2- Federal Tax Identification Number ‘,5-- 02 OH DUNS# L'2-1g 2 - II caul (o2-'l?•2 13 clti Cage Code 0‘4 P f's) To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties Interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation, that it has carefully examined the location of the proposed Work, the proposed form or Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted. Bidder will execute the Agreement included in the Bidding Documents,to provide all necessary machinery,tools, apparatus and other moans of construction, including utility and transportation services necessity to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of fie Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of inc Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take fell payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division staff. HVAC Modifications to North County Regional Water Treatment Plant Bid No. 184391 NAMtempt .4_jAt,P,ory c...1, c)rt NikekCM tc, I,Tv1/4c.- Construction Superintendent— Mtc.ho)ek 6(Cum CA4 rel Project Manager - ( ) gal.�'•d4"I`. ~ „ A sWiY$L'9'ev THIS FORM MUST BE COMPLETED OR BED SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications,including compliance with Florida Statute 255.20 to provide lumber,timber and other forest products produced and manufactured in the State of Florida as long ns the price, fitness and quality are equal. Exceptions (when equals are acceptable)may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by 1 ngineer/Project Manager, Bidder shall furnish the mmrinfacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A Q,R 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 MATT lAt, EXCLPJION MANUFACTlJl EP, 1. 3 4. 5 Please insert additional pages as necessary. THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in. fie requirements of the Bid specifications. The undersigned acknowledges its responsibility fur ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage.The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to reniove/rephice any Subcontractor, at no additional cost to Owner,which is found to be non compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly alter the Award of Contract,and in acconhwce with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must he qualified as noted above. 1. General Trade Work 4tan EI eat—el- tymlc.Qt rit. l7j S: I);e,r 1 2. Electrical 6'01 S. Frn,nc. r ►S , F� 3. Mechanical ceacirs (leclro Mtc_ha.mic....P, ,l^n4 1712 S-brxrc 4. Controls _--•o • Cott.f2L5. 326 Su fa r• Pates. s>rr Fr. 331,,19 S. Balancing ..:.d F + 755-14! -x icor 6. Identify other subcontractors 3 70a 1'n 411d. So,:Fs,/CA-1/0 that represent more than 10% LAwderAi!l/ A[ r1 of price or that affect the criticalpath of the schedule ( t) • • : Lwt� tft . The Bidder is required to state below what work of similar magnitude completed within the last five(5)years is a judge of its experience, skill end business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location {aetercai .(include phone t{ mail address USPS - P-044.4J; etki r` Q)each P4' DC DeroNis Selutdta - GU:r(1!tcull a .1J. 1. 5 b4 N W 1 L( Jd $4. . 0�-� pit?- 1155 tl '-� . L. •c..4 iW .C-oniv`121_.st.41 �Wisktori.)g- tki -CONI N-vACV 'Var40u3 )UAnn tAtIc.ore - 85O-4Dk- (r?r ur (knri.a. C Cotorn b 1 A) 2. joar.% °pre co Jcxcoins•Corrt Atachic... (Sca_1C .,, Countt:s Air Coad:+crv. r .1 taco. 01.41,4• . FDa- r+S_f-.e1cirn@irr c15j- 9 -(2 I 3. bra O1Crcck+ebre. {'r1 a vl..ta.v 1 i>t l ie r i c - a td rrt e e r-tD d of S#ixFt• G us, 6t a re fa.k rvtTnan ts,10,44A ac� 14V At_ -oz.1ff 4. 32.01 Ekeci,eavi j \plot Po-try‘ &each,, FL IA%Lcrncgo I2b . or }kV Pic R p1ac.•+ Al e41:CC. ErI"C. re.ldVIACIee (Sre< air)401 5. Deer-Ci�td act. iotl /1.8. LA.. P3ta,d-- b344.rd cach fat 33a{'7__ fit 111 cc. LieuLtai. 5b1-- (211 Z 303 X 102 6. 04 A C t,.)p! nett 5 rn\i ltd an ).,1 f 8 t kc., C.o-m ?2 5 S t-anK �G' Dc.t,rccki pyeAd. FL 3344-14 • Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Ouaritity) Cost illescriptiol!) (LF,a.Yl f 1 2. 3. 4. 5. TOTAL 5 _ Failure to complete the above may result in the Bid being declared non-responsive. 4 '7"ttriieetteet... O." KNOW ALL MEN BY THESE PRESENTS,that we Cedars Electro-Methancal, Inc (herein alter called the Principal) and Bartley InaJiance Company ,Oterein called the Swat).), a corporation chanered and existing wider the lam of the State of Delaware with its principal offices in the city of Greenwicti and authorized to do business in the Stasi of Gonnectrew are held and firmly bound unto the Collier County (hereinafter called the reveler), in the full and just awn of Five Percent of errioi int Bid dollars(e 5%of Atncent Bid jgood and lawthl recency of the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the Principal and the Surety bind themselves,their heirs,lind executors,admintatraters,and assigns,jointly and severally and firmly by these presents, Whereas,the Principal is about to submit,or hes submitted to the Owner,a Bid for hunishing all labor,matenals,equipment and incidentals necessary to furnish, install, and fiilly complete the Work on the Project known as Bid No. 111-7)91 HVAC Modifications to North Collier Regional Water Treatment Mint, NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL esid the PRINCIPAL shell enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds is an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Dueurnenta with good and sufficient surety for the thithial performance of the Agreement and tier the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the avant of the failure of(tic PRINCIPAL to enter hito such Agreement or to give such bond or bouds,and deliver to Owner the required certiflaues of insurance,lithe PRINCIPAL shall pay to the OBLIGEE the fixed sum of 5 574 011mot'nt twinned above as liquidated damages.and not as a penalty,tee provided hi the Bidding Documents,then this obligation shall be null and void,otherwise to female in hill force and etrect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 26th day of 20 1t3 Cedars Electro-Mechanical, Principal BY / . (Seal) Berkley insura ce Company Surety es (Seal) Warren M nor C_ne_ty-...19)-act Cota*raigeed Warren M,Alter,FL elresident Agent Appointed Producing Agent for f!. IA- Insurance Corn..n Upon notification that lie Bid has been awarded,the Successfle Bidder will execute the Agreement form&lurched tu the Biddine, Docaments within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Conreer Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurauce Certificates and Bonds are not executed and delivered te Owe within the time above set forth, es liquidated damages, for the delay and additional expense to the Owner,it being recognized that,since time is of the essence,Owner will suffer financial loss if the Successfhl Bidder Reds to execute and deliver to Owner die required Agreement, Insurance Certificates end Bolide within the required time period. In the event of such failure, the total amount of Owner's damages,will be difficult, If not impossible, to definitely ascertain and quantify, It is hereby agreed that it Ls appropriate and fide that Owner receive liquidated damages from the Successful Bidder In the event It fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required heretindee.The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages ye a peraity,which the parties agree represents a lir and reasonable estimate of Owner's actual damages at the time of bidding If the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed one approved agreement and Purchase Order,the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in vriting, subsequently natifie.s the Centractor of a modified (later) commencement date The undersigned thither agrees to substantially complete all work covered by this Bid within one hundred five (105) consecutive calendar days, computed by excluding the commencement date and including the herr day of such period, and to be fully completed to the point of final acceptance by the Owner within fifteen (15) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Sibm itted. State et 1,2c_Ld.o.... County of re%he ask t_ klet otAt, , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Al.).c10 L •-• also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents,including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid;that the statements contained herein are true and correct. (a)cgrf2(20.41911 The Bidder is a corporation organized and existing under the laws of the State of Azr ,which operates under the legal name of Co s Mecha I c Ie. and the Nil names of its officers are as follows: President ieloro. .Ch.kho%Lb Secretary -E.6 c . tno.rta Treasurer Manager Thc 4n.l is euthoritxd to sign construction bids and contracts for the company by action of its Board of Directors taken Ratbsevcv...., I., .C11,‘Ct , a certified copy of which is hereto attached(strike out this last sentence if not applicable). (b)Crit The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of; (e)Inairklual The Bidder is an individual whose full name is ,and if operating under a Ira& name, said trade name is Complete for information contained In(a)Corporation,(h)Co-Partnership or(c)Individual from previous page. DATED ie LZo 19 e a` MCr qA4.41. Legal Entity befrdt- L. CA4.144,54, BY: Ceaa e fcc fro (TJ re-4 et"i•e4 SA.; Witn-a Name of Bidder(Typed) ...motif dr' 9e CA,* /A—II wi s Signature cc, Title STATE OF P tort 4 COUNTY OF _fad tr% The foregoing instrument was acknowledged before me this ,P,-? day of . cfic , 20 , by '0 L. Cjb , as .?f eit5CLIch of _Cr..aar_s tro- corporation, on behalf of the corporationlir/she is personally known to me or has produced Aim .• - an oath. My Commission Expires; Mir2111114"11M"F. : arti tsollgtchinkytt;ir,l F1 '1 NAME: . CX I or di 5' 17.416 (AFFIX OFFICIAL SEAL) Notary Public,State of 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. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly 4 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 K. Atter; David T. Saline; Dawn Auspliz;or Jouurhan iinrsevien of Alter Surety Group, Inc. of Miami Lakes, FI, its true and lawful Attorney-in-Fact, to sign its name as surety wily as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance,providilig that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars (U.S.S5.0,000,000.00), to the same extent es if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own peeper persons. 'fins Power of Attorney shall be construed and enforced pu accordance with,and governed by, the laws of the State of Delaware, , without giving effect to the principles of conflicts nilaws thereof. This Power of Attorney is granted pursuant to the following 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 Officer. 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 bonds. audoitakings, recognizances, or other suretyship ebligations 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 RESOLVED,that such powot of attorney limits the acts of those named therein to the bonds,undertakings, recognizanees,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 -§ a RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and timber RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undetaking, recognizance, or 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 nerein stated the facsimile signature of any ' 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 instrumems shall he issued. IN WITNESS WHEREOF, the Compey has eau A these presents to be signed And attested by its appropriate officers and its corporate seal ilereeille affixed thise"...day of Attest: Betide Instiraftee Compel }La (SCM) By lras',Leder!um (Jell-e .4fter Executive Vice President&Secretary et o 'esitlent WARNING:THIS POWER INVALID IR NOT PRINTED ON BLUK,11)ERK LEY"SECURITY PAPER. STATE OP CONNECTICUT) ) u: COUNTY OF FAIRFIELD ) tifft, Sworn to before me,a Notary Public in the State of Connecticut,thisi (ley or ,by Ira S.Letterman and Jefl're L HOW who arc sworn to me to be the Executive Vice Pre °deli.'t and Secretary, the Senior Vice President, respectively,of Berkley 111SilVatICS CompartliAFilA C.FitINDRAICEN NQTARY PUBLIC 44,e e Za-a4 a - MY COMMISSIQN EXPIRES l4ot.iiy Public,State of Connecticut APRIL.30,2019 CEHTIVICAllt the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing Is a true,correct 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 Attorney-in.Ruct set forth therein,who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date. 'ANA / Given undet my hand and seat of the Company,this 28t hday of June Aoree 018 war , (Seal) , /1111 • Vincent ,Forte MINUTES OFA SPECIAL MEETING OF DIRECTORS of Cedars Electro-Mechanical, Inc. (a Florida Corporation)held at 2 Lakeside Palms Court, Lake Worth, FL 33460 on the 6th day of February 2014 1 1. The following members were present,constituting the entire board: Ibrahim Chalhoub and Debra Chalhoub 2. All the directors of the corporation being present,formal notice calling the meeting was dispensed with,and the meeting declared to be specially called for the purpose of changing the president to Debra Chalhoub and changing the corporate secretary to Ibrahim Chalhoub. 3. The following memorandum was then read and ordered to be inserted into the minutes: "We,the directors of the corporation consent to the meeting being held at the above time and place and do waive notice and publication of this meeting,and consent to the transaction of such business,as may have come before it,as testified by our signatures elow. -QaPa Ibrahim C a oub Debra Chalhoub President Corporate Secretary 4. UPON A MOTION DULY MADE,seconded and unanimously carried, Debra Chalhoub- majority stockholder since February 2013 acted as Chairperson of the meeting 5. Minutes of the last meeting were read,seconded and carried. 6. The chairperson presented to the meeting and the following resolution was offered, seconded and unanimously adopted. IT WAS RESOLVED THAT: Ibrahim Chalhoub,president of Cedars Electro-Mechanical, Inc.will relinquish his position as president and accept the position of corporate secretary. From here on,Debra Chalhoub will be the president of Cedars Electro-Mechanical,Inc.since she is majority owner. All corporate documents will be changed to reflect the changes. There being no further business, upon a duly made,seconded and carried motion,the meeting was adjourned. X A, I Ibrahim Chalhoub Corporate Secretary Co 14W Cot*ny nrhtwnislretive Sorvi rs Drpartment PRosaerr,cr t Servirosrmism FORM 9-CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated pact 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 firm 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. la addition to this signed affidavit,the contractor/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 above mentioned project;and, 2. indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the flint (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant tacts concerning past, present, or currently planned interest or activity(financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: CI°Gto_tsle,{c><ry Signature and Datc: S l� ,res C' � ��CI�.4y (0 26 — l Print Name:_—.. fibra- Title of 5 ignatory: r r��4(rrt , _ _ _ _ _,.�— CQ ter County Mn ni5tre6ve ScrHoes t?ep irai Proauarre,rt SW.4;03 Drvison FORM IQ-VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSION CRS Collier County Government Complex Naples,Florida 34112 Deur Cotnntissioners: The undersigned.as Vendor declares that this response 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,if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, 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 be 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. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this c2� day of joy)e ,20 (pin the County of AJ' 8.e.40,,in the State of f l o e!. Firm's`_.cgal Name: l'r G14 rs Elect-7'0 - Al ec 1-1 c . Address: 17 I.1. S. Dike f�wt� City,State,Zip Code: FL. 3 3 ct Florida Certificate of ...5 Of 112, Authority Document Number Federal Tax identification _6,7—O2(3/0 y Number 'CCR t or CAGE Code 5- 'Only if Grant Funded Telephone: J b/-511 c/D/( Signature by: �T- 14 De oro._ L , (/1 a/Gt b (Typed and written) Title: ertsic1Prt Additional Contact Information Send payments to: Cedeirs Elatira- fo,,f,‘,„ba;L& 1 (required if different from Company name used as payee above) Contact name: Debra- ( / oh Title: f res;c1e4t- Address: • h,k're litoy• City,State,ZIP ale 1.4)c,e4A, FL a3 Lf/c 0 Telephone; 5 / 5ft- 1-10efI Email: de•hrac- cedars, Ic. on, Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Secondary Contact for this JjI Piolei/ Solicitation: Email; 6 e jie y c eda r-5 L.41 0 rri Phone: 541-5 el- 116 I Col[iesr County Administrative Sauces Depart/lord rkuu:rmieri s.r.m..DM*Ion FORM 11-IMMIGRATION AFFIDAVIT CERTIFICAT1OtV 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 completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of cure intent in the F.-Verify program ntav deem the Vendor's proposal as nun-r _pensive, 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 S 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 V elation by the recipient of the Employment Provisions contained in Section 274A (e) of the MA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they arc fully compliant with all applicable iuunigration laws (specifically to the [986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Ce dors jLtthr'o- Me e!,anr'ccJL 2.tc•, Print Name De iir-,,,_ L. . C AA.l it r�b Title PI'e t-,i d en-f Signature z ='...�..... ,*1 tai.-4-L4.r....e— Date Co -14.- - l State of F tor,`d 6— County of t a.lnn /3eAcl, 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. ", JoHNJ'GAMMACunurisslon o _ Bue�F xiixl ; eniei2 2018 .14/.4. __NNW nL',owl, W b c Uodenwtar.,J Co Gorancy Adnlinairtwo tinmets Uoprttmni 11otiM.vl.r'^:....ws()..401 FORM 12-V t:tvnolt 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 Counly (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) 'i' cpuyerName�C_edq,— e bre- /t'1ecfianir_-a—k_ 'nc__-__ (as shown on income tax return) Business Name(ifdifferent from laxp oyer name) Address / 7rx. S. _LDiki_C. ffwy. City Lo-k_ Wo.411 State_ F 1- Zip 3 3 4 b p Telephone 5691-SfP-t1b Email c bro.c 57c-ector`sii0c. cow Order Information Remit/Payment Information 1111111.1111110.1111 . - - wu A-dTcr.s r w y. City I..ak.WQ State FL Zip 3 3 4E0 City Lice Uori-k State ("L Zip_ 33`_fO Email AT,rahi.m_cor fcl f nt . (ti rry Email eAcj o,c tO cvaAss 1.4Lc. CbrS_-_. 2. ompany Statue(check only one) _Individual/Sole Proprietor .C;orporati 1 nPartnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company -under-lnl n1 l-Reir rme-Serviee-guide' Elite' the tax.hassificatiou 501 (c)3) (D _Disregarded Entity, C=Corporation, P' Partnership) 3. Taxpayer identification Number(for tax reporting purposes only) Federal Tax identification Number(TIN) _ (0,6- O 2 l 3 R C_ 1 jyendors who do not have a TIN,will be required to provide a social security number prior to an award). --1,—; 4. Sign and Date Form:Certification: Under ertaltiea gJpejuay, I certify that the iufnrrnuttun shown on this form is correct to m knowled,e. Signature ` ©etc title Phone Number I ,_.rte_: ci c.r �_ — 5b_I- F-g4©rd t IMPORTANT: Please read carefully,sign in the spaces Indicated and return with your Bid. Bidder should .heck off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed 3. The price extensions and totals have been checked. 4. Bid Schedule hes been completed anti attached. 5. Any required drawings,descriptive literature,etc.have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed in Bidsync: 1. Construction bid instructions form 2. Construction services agreement 3. Purchase order terms and conditions 8. An of the following bid forms have been completed and signed: 1. Bid Form(Form 1) 8. Insurance and Bonding Requirements(Form 8) 2. Contractors Key Personnel(Form 2) 9. Conflict of interest Affidavit(Form 9) 3. Material Manufacturers(Fonn 3) 10. Vendor Declaration Statement(Form 10) 4. List of Major Subcontractors(Form 4) 11. Immigration Law Affidavit Certification 5. Statement of Experience(Form 5) (Form 11) 6. Trench Safety Act(Form 6) 12. Vendor Substitute W-9(Form 12) 7. Bid Bond Form(Form 7) 13. Bidders Checklist(Form 13 -this form) 9. Copies of required information have been attached 1. Compuny's E-Verify profile page or memorandum of understanding 2. Certificate of Authority to Conduct Business in State of Florida 3. Any required professional licenses-valid and current-General Contractor or HVAC Contractor License (ie:General Contractors license,Underground Utility and Excavation,Builders, Trade Contractors,eta,us applicable,requested and/or required.) 10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified oneningslete.and time,otherwise the Bid cannot be considered. (-eciars l' tpcbra Mec-Act.4r c a4, 1 Ac Bidder Name Signature&Title Date G- (,- /f is EVALNEIgnt,Vic4.5.kV9 r 114 ''•org Detail by Entity Name Honda Profit Corporahon CEDARS ELECTROMECHANICAL,INC Fume Information Document Number S01192 FEI/LIN Number 65-0213904 Date Filed 09107/1990 State FL Status ACTIVE Frinclnal Addnais 712 S DIXIE HWY LAKE WORTH,FL 33460 Changed:02/15/2000 Saltine Ades 1712 S DIXIE HWY LAKE WORTH,FL 33460 Changed 02/15/2000 Registered Agent Name&address CHALHOUB, Debra L 1701 W.Terrace Drive LAKE WORTH,FL 33460 Name Changed 01/1112017 ikddress Changed 01/11/2017 3fliceriDireeTt Beta Name&Address Title secretary CHALHOUB,IBRAHIM H 1701 W.Terrace Drive LAKE WORTH, FL 33460 Title President CHALHOUB,DEBRA L r http://search.sunbiz.orenquiry/CorporationSearch/SearchResultDetail?i nqu irytype=Entity... 8/2/20 1 8 1701 W.Terrace Drive LAKE WORTH,FL 33460 Title VP Chalhoub,John I 626 North Palmway Lake Worth,FL 33460 Annum Reports Report Year Filed Date 2017 01/11/2017 2017 02/22)2017 2018 01/16/2018 Locurnont Images !)Aft filf_Qtr #orrno1-- I — Pl...42aal.7_,MAI.....V.2.1.1.).M.tr_tu.&eLF^QP.1 Wen menoe in PDF fonnet IiIL: Lit8J Wm Moor in PDC toenail 1 (41IPIPM ANNUAL REP_cat View env. 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Pot rtmo..t .a.).441jA lnyok; [ View row in PDF iambi 2 A ' V—ww—Triaqt:ir POI;fermoi-----1 http://search.sunbizorg/Inqu iry/Corporatio nSearch/Search Resu 1 tDetai 17i nquiryty 8/2/20 1 8 ��0 n';ti4- STATE OF FLORIDA '"::::i':i 4,'',.'---°4` DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION \.N1Jw•1,,,;: CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 '"''` '' `4` 1940 NORTH MONROE STREET ��w 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 s,; Professional Regulation. Our professionals and businesses range %�s4t, STATE OF FLORIDA from architects to yacht brokers,from boxers to barbecueN DEPARTMENT-OF BUSINESS AND restaurants,and they keep Florida's economy strong. y, PROFESSIONAL REGULATION Every day we work to improve the way we do business in order CGC1522615 •ISSUED: -06/09/2016 to serve you better. For information about our services,please log onto www.myfloridalicense.com. There you can find more CERTIFIED GENERAL CONTRACTOR information about our divisions and the regulations that impact CHALHOUB,DEBRA.LECEY .. you,subscribe to department newsletters and learn more about CEDARS ELECTRO=MECHANICAL, INC. the Department's initiatives, :- r,; Our mission at the Department is: License Efficiently, Regulate Fairly.We constantly strive to serve you better so that you can serve your customers, Thank you for doing business in Florida, IS CERTIFIED under the provisions of Ch.4e9 FS. Expiration date:AUG 31,2015 L1606090301025 and congratulations on your new license! DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD IA f LICENSE NUMBERiIlO. i q CGC1522615 l'._.4,„ �,G 1V�r e The GENERAL CONTRACTOR 1^ •" ' Named below IS CERTIFIED i , :'`"1 ,, Under the provisions of Chapter 489 FS, g " w Expiration date: AUG 31, 2018 . CHALHOUB, DEBRA LECEY ..-_ ' 0• '%pd. CEDARS ELECTRO-MECHANICAL INC. I i• hII% 1712 S DIXIE HIGHWAY -- •-.-. =, El =AA • -1. i LAKE WORTH FL 33460 ' Y .r {• '1 1-e'• . h% ISSUED: 06/09/2016 DISPLAY AS REQUIRED BY LAW SEQ# L1606090001025 ANNE M. G*N N O N P.O.Box 3353,West Palm Beach,FL 33402-3353 "LOCATED AT" fr- CONSTITUTIONAL TAX COLLECTOR www.pbctax.com Tel:(561)355-2264 1712 S DIXIE HWY Serving Point Brach County LAKE WORTH, FL 33460 Serving you. TYPE OF BUSINESS OWNER CERTIFICATION B RECEIPT 4/DATE PAID AMT PAID BILL B 23-0051 GENERAL CONTRACTOR CHALHOUB DEBRA LECEY CGC1522615 1317.475832-07/13/17 $27.50 B40170613 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 2017/2018 LOCAL BUSINESS TAX RECEIPT B2-478 CEDARS ELECTRO MECHANICAL INC LBTR Number: 201579910 CEDARS ELECTRO MECHANICAL INC EXPIRES: SEPTEMBER 30, 2018 1712 S DIXIE HWY LAKE WORTH, FL 33460 This receipt grants the privilege of engaging in or n l l,.. l,1 k 11I I 1 U 111 managing any buslness 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. • { ' f ' (44 .,,. pii DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION •.•... . CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 "`"�"'' ooe vn 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 i 1 CHALHOUB, IBRAHIM H CEDARS ELECTRO MECHANICAL INC 2 LAKESIDE PALMS COURT LAKE WORTH FL 33460 i i Ifi 100R i`,C 4il04 ':f AIMMOI14 1W}.4A'.'A 4 Congratulations! With this license you become one of the nearly • one million Floridians licensed by the Department of Business and Professional Regulation. Ourprofessionals and businesses range e i�'' STATE OF F. •'IDA • g g �t"if' ' �USINESS AND from architects to yacht brokers,from boxers to barbeque , f;r DEPART.,., restaurants,and they keep Florida's economy strong. a. r' PROF ` . .:41A44.41.eULATION Every day we work to improve the way we do business hi order CGC058543 yii7/17/2016 to serve you better. For information about our services,please - t '�, 'tip, „;`I , tog onto www.myflorldalicense.com. There you can find more ; CERTIFIED GaZ ,. 10i” .r;• ?,� . �'' information about our divisions and the regulations that impact 4' CHALHOUB, 1'• a i ii,uat;'� ', ,-- i you,subscribe to department newsletters and learn more about CEDARS ELEii -4y.:40,1,:yy°' •.•t : C the Department's Initiatives. Our mission at the Department is: License Efficiently,Regulate y , ,'„., Fairly.We constantly strive to serve you better so that you can . serve your customers. Thank you for doing business in Florida, ^ rs CERTIFIED under. the provisions- of Ch.aea.>s. and congratulations on your new license) °4 8 ..'vim' DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ' CONSTRUCT( INDUSTRY LICENSING BOARD _, ``., , LICENSE NUMBER -• ��'�S" CGC058543 The GENERAL CONTRACTOR ., ,� , Named below IS CERTIFIED Under the provisions of Chapter 489FS. - �"' , • , Expiration date: AUG 31, 2018 • CHALHOUB•,,IBRAHIM H' _ "� � . ;1• ;4 CEDARS ELEQXR*0 a `u, .i - 1, .' .\\ ' ;..S1 :, i 1T12'S,DIXIE"H _ Ji • .tk . + LAKEWORTE . _•i•.0.5854'- N ,, r" • ,�rr•.� ._ rte. •\ \ \;; \`\ ;\ Lizi . •t `'Ia..' • illit ISSUED: 07/17/2016 DISPLAY AS REQUIRED BY LAW SEQ# L1607170001480 C �. STATE OF FLORIDA Ili 9 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 4. '....' CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 %" 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 CHALHOUB, IBRAHIM H CEDARS ELECTRO-MECHANICAL INC 2 LAKESIDE PALMS COURT 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 a -kk, STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque j DEPARTMENT OF BUSINESS AND restaurants,and they keep Florida's economy strong. s-4„•e1 PROFESSIQNAL REGULATION zea Every day we work to improve the way we do business in order CMC053774 t ISSUEO 07/17/2016 to serve you better. For information about our services,please log onto www.myflorldalicense.com. There you can find more CERTIFIED MEC#I-IANICAL CONTRACTOR information about our divisions and the regulations that impact CHALHOUB, IBRAHNM H y`, you,subscribe to department newsletters and learn more about CEDARS ELECTF O MECHAArAL INC the Department's initiatives. Our mission at the Department is: License Efficiently,Regulate Fairly.We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, IS CERTIFIED under the provisions of en.aes FS. and congratulations on your new license! Ezpiralion dale:AUG 31,2018 L1607170001795 DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION �i” ,. CONSTRUCTION INDUSTRY LICENSING BOARD i, �w'gmti LICENSE NUMBER i, 1 tl. 'A lF k1#1! &wa CMC053774 , , , The MECHANICAL CONTRACTOR �* gi. Named below IS CERTIFIED4rlr -,4, O../ Under the provisions of Chapter 489 FS. r Expiration date: AUG 31, 2018 L"s`"- '{k ❑ CHALHOUB, IBRAHIM H =...:,:30-!--- '; ii, r407 DIXIE CTRHVVY MECHANflCAL INC ��^ ' _ '11,• �, ',:** LAKE WORTH FL 33460-5854 -� 4. Fes'- a WAIL-1 `•.'A ISSUED: 07/17/2016 DISPLAY AS REQUIRED BY LAW SEQ# L1607170001795 NNE M. G A N N O N P.O.Box 3353,West Palm Beach,FL 33402-3353 • "'LOCATED AT* :'. ,,� CONSTITUTIONAL TAX COLLECTOR w'wWpbctax.com Tel:(561)355-2264 Srrviitg Paint ttrnrh County 1712 SOUTH DIXIE HWY -'` LAKE WORTH, FL 33460-0000 Serving you. TYPE OF BUSINESS OWNER CERTIFICATIONS RECEIPT MIDATE PAID AMT PAID BILL S 23-0065 MECHANICAL CONTRACTOR CHALHOUB IBRAHIM HANNA CMC053774 017.479652-07/13/17 $27 50 040105270 This document is valid only when receipted by the Tax Collector's Office, STATE OF FLORIDA PALM BEACH COUNTY 2017/2018 LOCAL BUSINESS TAX RECEIPT B2-778 CEDARS ELECTRO MECHANICAL INC LBTR Number: 200101955 CEDARS ELECTRO MECHANICAL INC EXPIRES: SEPTEMBER 30, 2018 1712 SOUTH DIXIE HWY LAKE WORTH, FL 33460-5887 This receipt grants the privilege of engaging In or ..II.i�llirl iI ll��ll����liI li�lilIrlit l 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. • • o/ ._ ^F Lary of Lake Worth A Business License Division u: ,"'.,/". 1900 2nd Avenue North Lake Worth, Florida 33461 o�OR10/ 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 document below must be posted in a conspicuous place on the premises of your business. If assistance is required, please contact the Department 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 NON TRANSFERABLE BUSINESS NUMBER; 0005923 BUSINESS NAME: CEDARS ELECTRO-MECHANICAL,INC BUSINESS ADDRESS: 1712 S DIXIE HWY,LAKE WORTH FL 33460-5854 LICENSE NUMBER CLASSIFICATION DESCRIPTION 18-00005866 30.01H HARV CONTRACTOR 1-6 EMP (BTR)MECHANICAL CONTRACTOR 18-00005867 30.03I SPECIALTY CONTRACTOR 11-20 EMP (BTR) 18-00016083 30.0IA GENERAL CONTRACTOR(BTRy QENERAL CONTRACTOR 18-00035202 UC USE &OCCUPANCY COMMERCIAL/INDUSTRIAL 5123 SQFT 18-00044803 30.0IA GENERAL CONTRACTOR(BTR).GENERAL CONTRACTOR EXPIRES SEPTEMBER 30th 2018 A Ak,, ,,// City of Lake Worth Business License Division \a l 1900 2nd Avenue North • Lake Worth, Florida 33461 PRIOP A y Company ID Number: 1265280 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (OHS) 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 DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. tkt ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1265280 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept"List B"documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2)When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A)of the Immigration and Nationality Act (INA)with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 «. " •-• Am i•#• -Verity Company ID Number: 126528D employed an unauthorized alien in violation of section 274A(a)(1)(A); and(5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. OHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10, The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees n 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 11113, below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or OHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I))that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized, In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Empoyers I Revision Date 06i01113 .41 -Verily eomeN Company ID Number: 1265280 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 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 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(a�dhs.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-Verlfy MOU for Employers I Revision Date 06/01/13 Company ID Number: 1265280 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 OHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with OHS, 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 Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 '7:61 iffrit.(t -Vern ,leVI IMM 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 E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article Il.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 -verpr ° � Y t� Company ID Number: 1265280 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.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 MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 -Veril v y Company ID Number: 1265280 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. OHS 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, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice,which indicates the Employer's participation in E-Verify. 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 Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records)for employees who contest OHS 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 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 R1=-1/15rlr qv Company ID Number: 1265280 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 *14 fll 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 nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to OHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the OHS representative who will determine the photo match or mismatch. 8. 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 oriole „ara;iy • -Verily 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 OHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 -Verity 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 OHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2)immediate termination of its MOU and/or; (3) possible debarment or suspension 0.The foregoing constitutes the full agreement on this subject between OHS and the Employer. To be accepted as an E-Verify participant,you should only sign the Employees Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Nog.12 e 17 E-Verity MOU for Employersl Revision Date 06/01/13 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Michael Branham Construction Superintendent Ibrahim Chalhoub Project Manager io Constuction Services Agreement:Revised 072118 r •ALTER URETY GROUP www aitersuretlzcom August 8, 2018 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY 3295 Tamiami Trail East Naples, FL 34112-4901 RE: CEDARS ELECTRO-MECHANICAL, INC. Project: HVAC Modifications to North County Regional Water Treatment Plant,Contract #18-7391 Bond No. SUR0001520 To Whom It May Concern: We have executed the enclosed bonds on behalf of the above captioned contractor in favor of Board of County Commissioners of Collier County. Please note that we have not dated the bonds or the Power of Attorney. The copy of the contract we received was not dated and as the bonds follow the contract they should not be dated prior to the contract. Please accept this letter as authorization to date the enclosed Performance bond(s), Payment bond(s), and the attached Power of Attorney for the captioned project. Please date these items concurrently with the contract date and fax a copy to our office at 305-328-4838 or email to dawn(ualtersurety.com so that we can activate the bond coverage. Please do not hesitate to contact our office should you have any questions in this regard. Thank you. Yours truly, r enmuth Mutual Insurance Company tivL.,.....- Warren M. Alter, Attorney-In-Fact 5979 N.W. 151st Street • Suite 202 • Miami Lakes, Florida 33014 Phone: 305-517-3803 . Fax: 305-328-4838 ALTER SURETY GROUP, INC. Bond Department- Public Works Bond In compliance with Florida Statute Chapter 255.05,the provisions and limitations of section 255.05 Florida Statutes,including but not limited to,the notice and time limitations in Sections 255.05(2) and 255.05(10) are incorporated in this bond by reference. Bond Number SUR0001520 Contractor Cedars Electro-Mechanical, Inc. Address & 1712 S. Dixie Highway Phone No. Lake Worth, FL 33460 561-588-4088 Surety Frankenmuth Mutual Insurance Company Address & 1 Mutual Avenue Phone No. Frankenmuth, MI 48787 704-421-7005 Owner Name Board of County Commissioners of Collier County Address & 3295 Tamiami Trail East Phone No. Naples, FL 34112-4901 239-252-8946 Contracting Public Entity (if different from the owner) Address & Phone No. Contract/Project Number Contract No.18-7391 Project NameHVAC Modifications to North County Regional Water Treatment Plant Project Location 8005 Vanderbilt Beach Road, Naples, FL 34120 Legal Description And Street Address 8005 Vanderbilt Beach Road,Naples, FL 34120 Description of Improvement: HVAC Modification This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2)and(10), Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond,not a common law bond. This is the front page of the bond. All other page(s)are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. EXHIBIT B-1:PUBLIC PAYMENT BOND 18-7391 Bond No.SUR0001520 Contract No. 18-7391 KNOW ALL MEN BY THESE PRESENTS: That Cedars Electro-Mechanical. Inc. II , as Principal, and a.- at -a - ompany__„_,_,_ , as Surety, located at 1 Mutual Avenue.Frankearnuth,MI 48787 (Business Address) are held and firmly bound to rr 80fird or county Cconmissioners of Collier Counrr,rronda as Obligee in the sum of Two hundred seventeen thousand and no/100 ($ 217.000.00 )for the payment whereof we bind ourselves,our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for HVAC Modifications to North County Rectorial Water Treatment Plant in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract,then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 11 Construoliun Suit/Ices Agreement:Revised 072118 Signed, sealed and delivered in the presence of: PRINCIPAL alt. t.,,trt,4„..4.....c.)...-- Cedars Electro-Mechanical. Inc. J dzice....are-- I itnessea as tr Principal NAME: -r",- L. �h44.IA o b ITS: rp res;d0,,# STATE OF F to r; d"- COUNTY COUNTY OF /244,,.1.. Pled 64 p The foregoing instrument�ywas acknowledged before me this f day of Ao psi- 20 /4, b ,�ebrr,�.- 4. LAA,t h o 4,-/o , as res,`c i.`est` of ( ectars Clecira-Me hcvn;c ,. +tt a Ftor/dA corporation, on behalf of the corporation. He/she is per oi'faIlyknow e OR has produced ,N,4 as identification and did(did not)take an o tt i / v My Commission Expires: igna e of Notary) NAME: ,Th' 4,K aIL p6ba— (Legibly Printed JOHN J.GIACODBA (AFFIX OFFICIAL SEAL) Notary °`.V r.at Mp ES OSIQmh s 12.201 163211 E5.[7ec¢mhar 12.2018 Commis -NF+; Bonded Pau Notary Public Underwriters ATTEST: As per attached power otattorney SURETY: Frankenmuth MItnal Ins'1;rance_Co pany (Printed Name) Li . = - (B .fines. Add A , ? _ > (Authorized Signature) 4!..0, 7 4 ///,, Warren M.Alter Attorney-In-Fact Witnesses to Surety OF (Printed Name) 1,, i 12 Construction Services Agreement:Revised 072110 I I '}12.4..t(--"LIT244.-- OR 11../L,...-- As Attorney in Fact (Attach Power of Attorney) 4 AAA' Warren M.Alter quo€ney-In-Fact itnesses (Printed Name) 5979 NW 151st Street, Ste.202 Miami Lakes. FL 33014 1 (Business Address) 305.517.3803 (Telephone Number) 1 STATE OF Florida I COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me this day of , 20 • by Warren M.Alter , as Attorney-In-Fact of _Eranlcenmuth Mutuatlnsurnrwe 1`nmrany 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: l2 - t (Signature) + Name: Lilia Raiford (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: GG1F15.4n9 a aiford 0, 4 Commission#GG166409 °4` .,;�,,. Expires:December 7,2021 -- t. t ��;„0. Bonded thru Aaron Notary 13 Cul vtiuutluu SeivIces Agoeement:Revised 072118 • EXHIBIT B-2: PUBLIC PERFORMANCE BOND 18-7391 Bond No. SUR0001520 Contract No. 18-7391 KNOW ALL MEN BY THESE PRESENTS: That Cedars Electro-Mechanical. Inc 17126..Duce 1eeeeen Lake worth FL 434¢0 , as Principal, and Frankenmuth Mutual Insurance Company as Surety, located at ►i -a .a air a it (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County Florida, as Obligee in the sum of Two hundred seventeen thousand and no/100 ($ 217.000,90 )for the payment whereof we bond ourselves,our heirs,executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the * day of 20 with Obligee for HVAC Modifications to North County Re_nionaLWater Ireatment..EtapL_ _ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses,damages,costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages,whether liquidated or actual, incurred by Obligee;and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract,then this bond is void;otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,for value received,hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement:Revised 072118 Signed, sealed and delivered in the presence of: PRINCIPAL Cedars Electro-Mechanical Inc. BY: 4,W itnes es as to Principal NAME: baeiwa. 4 . CAa/Aou6 ITS: p r es;d e.,I STATE OF F/ori' dot- COUNTY OF PA,/Ad A ea c.F, The foregoing instrument was acknowledged before me this y day of AN20 /8 by 1)ebra. L,. CAalhoub as resloterrf of Cedars Etech - MecAcc,v-,,I . a Floud corporation,on behalf of the corporation. He/she •ersona y no to me OR has produced Ai 044 d _s identification and did(did not)take an oath. My Commission Expires: * Ignatur- // ! Name: eioLo% G° ar...ob ba-- (legibly Printed) Ii (AFFIX OFFICIAL SEAL) publicSkoAeigdricassA { 49t ,isiot missioN N FF 183211 :s EX���,r: : .: r a '''�or,t�.d' Bonded Thru Notary Publc Underwfiters 15 Construction Services Agreement:Revised 072118 ATTEST: wper attached power m==ey SURETY: Frankenmuth Mutual Insurance Company (Printed Name) 1 MutuaAvenue ; (B sino'~ Adde`) �.. �� (Authorized Signature) M. AL-r ��+ a� — x- VO�eso&n�o0o8unaty (Print:. Name) OR q�� �/ ��' v' /��r ~~ | �& —' in AsFact | - (Attach Power of Attorney) / y _Darren 01 Alter Attorney-In-Fant VvKneaon~ (Printed Name) 5979 NW 151st Street Ste.707 i 3014 (Business Address) 305.517.3803 (Telephone Number) STATE OF Florida COUNTY OF Miami-Dade —The foregoing instrument was acknowledged before me this day of 20 . by Warren M Alter as Attorney-In-Fact of .o Michigan S.irety, on behalf of Surety. He/She is pe | me OR has produced pe[ °n Uyknown as identifica d h* did (^idnot)take an oath. My Commission Expires: (SignoKur= Name. Lilia Raiford (Legibly Printed (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No,: GG166*08 Lj|i�Raf�rd Commission#Q61G040} December 7,202 Bonded thru Aaron Notary FRANKENMUTH MUTUAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that Frankenmuth Mutual Insurance Company (the"Company"),a corporation duly organized and existing under the laws of the State of Michigan,having its principal office at I Mutual Avenue,Frankenmuth, Michigan 48787,does hereby nominate,constitute and appoint: Warren M.Alter,Jonathan A. Bursevich, David T. Satine, Dawn Auspitz Their true and lawful attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal, acknowledge and deliver any and all bonds,contracts and undertakings of suretyship,with the exception of Financial Guaranty Insurance,provided,however,that the penal sum of any one such instrument shall not exceed the sum of: Forty Million and 00/100 Dollars($40,000,000) 'I his Power of Attorney is granted pursuant to the following Resolution duly adopted at a meeting of the Board of Directors of Frankenmuth Mutual Insurance Company: "RESOLVED,that the President,Senior Vice President or Vice President and each of them under their respective designations, hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer of the Company,qualifying the attorney(s) named in the given power of attorney,to execute on behalf of,and acknowledge as the act and deed of Frankenmuth Mutual Insurance Company on all bonds, contracts and undertakings of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18th day of May,2016. Frankenmuth Mutual Insurance Company (Seal)- By Frederic A.Edmond,Jr., President and Chief Operating Officer STATE OF MICHIGAN ) COUNTY OF SAGIN.AW ) as: Sworn to before me,a Notary Public in the State of Michigan,by Frederick A.Edmond,Jr.,to me personally known to he the individual and officer described in,and who executed the preceding instrument,deposed and said the Corporate Seal and his signature as Officer were affixed and subscribed to said instrument by the authority of the Company. IN TEST MONY WHEREOF,I have set my hand,and affixed my Official Seal this 18th day of May,2016. 4e. dio-V.J I Se9t1 Dianne I..Voss,Notary Public Saginaw County,State of Michigan My Commission Expires:July 23,2018 I. the undersigned, Vice President of Frankenmuth Mutual Insurance Company, do hereby certify that the foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and is in full force and effect as of this date. IN WITNESS WHEREOF,I have set my hand and affixed the Seal of the Compel, ,this day of 20 . ndrew H.Knudsen,Vice President PLEASE NOTE: ALL CORRESPONDENCE RELATED TO BOND VALIDATION AND/OR A CLAIM SHOULD BE DIRECTED TO VP SURETY,ONE TYLER DRIVE,SUITE 3, YARMOUTH,ME 04096 III a, EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, cary 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, al 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. Tie Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County, The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If 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. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The 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 072118 Should at any time the Contractor not maintain the insurance coverageW required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage W and charge the Contractor for such coverage Lal 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 coverage( purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage Ls) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts f 16 Ceneleiction Service*Agreement Revised 072118 Collier County Florida Insurance and Bonding Requirements I. Worker's Compensation Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers'Compensation coverage or a Certificate of Exemption issued by the State of Florida is required.Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at htips/// ipps.11dfs.con/bocexentptJ 2. ®Employer's Liability $ • - single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current ISO $' ‘.,'' single limit per occurrence,$2,000,000 aggregate for Bodily Injury Liability and form 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 Contractor/Vendor/Consultant 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/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 5. ®Automobile Liability $ Each Occurrence;Bodily Injury&Property Damage,Owned/Non-owned/Hired; Automobile Included 6. 0 Other insurance as noted: ❑Watercraft S Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. S Per Occurrence ❑Pollution $ Per Occurrence ❑Professional Liability $ Per claim&in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Project Professional Liability $ Per Occurrence 0 Valuable Papers Insurance $ Per Occurrence ❑Cyber Liability $ Per Occurrence ❑Technology Errors&Omissions $ Per Occurrence 7. El 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 meat company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. 0.4 Performance and Payment For projects in excess of$200,000, bonds shall be submitted with the executed contract by Bonds 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 holden'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. CS Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. rt Collier County must be named as "ADDITIONAL, INSURED" on the insurance Certificate for Commercial General Liability where required.This insurance shalt he primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Contractor's policy shall be endorsed accordingly. 11. C. 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. 12. !I4 Thirty(30)Days Cancellation Notice required. 5/23/18-CC Contractor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5) days of the award of this solicitation. Name of Firm i�s�Ars Eicc.4^Q-/Vie.chwrit'c,Le . Date -2 6 L Contractor Signature .< 1.l.L..c,4..X Print Name Leh L, hal ADu_b Insurance Agency ,gee sun . &mart Agent Name bed Telephone Number 9541- 215 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' (11 In accordance with the Contract Documents and In consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demans.=, damages, costs and expenses, whether in contract or in tort,against the Board of County Commissioners of Collier County, Florida,relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above, It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and Its subcontractors,material-men, successors and assigns,that all charges for labor, materials, supplies,lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed,shall be fully satisfied and paid upon Owners 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 Red or asserted against the Owner arising out of the performance by Contractor of the ‘A'ork covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractors (monthly/final)Application for Payment No. CONTRACTOR CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 23 ,by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath NAy Commission Expires: (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.' Construction Services Agreement.Revised D72111( EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners jure OWNER)or Collier County Water-SewerLL Owner's Project Bid No, Managers Name: County's Division Name Project No. Submitted by Contractor Application Date: Representative-Name Contractor's Name& Payment Application No. Address: On!'nal Contract Time; Original Contract Price: S Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed& $ Stored to Date: Retainage @10% $ Retainage @ 10%through [Insert $ through[Insert Date) date] Retainage( % $ Less Retainage ($ after.[Insert date] Total Earned Less Retainage Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date APPLICATION: Percent Contract Time % Com 1,leted to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued . ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through_ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens,claims,security interests and encumbrances(except such as covered by Bond acceptable to OWNER);(3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4)CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractors Name Contractors Signature Date: 1_ Type Title: Shell be signed by an audhonzed re.resentelive of thy Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by: Design Professional's Name :,., Signature _Date: I Payment to the CONTRACTOR for the above AMOUNT DUE THIS AP(31 +'TION is recommended by: Owner's Drgect Manager Name: S..rre. Date . 22 Construction Services Agreement Revised 072118 CIS\ EXiiNT D(Continued) SCHEDULE OF VALUES I slap=histret Pr DM , Pv(tad In , FEN DESCRIPTION ., SrT—HE—OUTED WORK COMPLETED STORES i T DIAL i PERCENT NUANCE 90% ...% TOTAL I NUMBER I VkLUE Mfal IR1411,3 CONTRETEEICOMPLET E TO FINISH RUNNINGS PET XNADE RETWASE PREVIOUS APPLi•t. ,, THIS .';&STORED i eateeemea INItitiSt 0 I tifili DATE SN.,:. 1';I, ,q..P;'..)D ; TO DATE .----- --* .. Mill IIIIIIIIIIIIIIIIII j 11111 „„ ,-..... . TOTALS t .Epee-mhos ter the Nes s Paeans under NeviousApplut OM,Th I Thru Dre is*Sere you wat Odes tli adarmation ens!the contrxt is complete sinless a release or reduction Or retesata ISSLie oaf two play,It tees happens,ail info+when%)to ele stare of the Si Manse in retaisagesplasmi ill Ou btu Date column Information after that date is pieced M the Sirce Date cohort This states what has happened since tee Maw a.Mat/late 23 COnstuetien Services Agreement Revteed 072118 .......,„ (;.:9 Exhibit E*.) (Continued) Stored Materials Record Formula A+B-C-D=E A Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period ' Install • 1.1 1 24 Construction Services Agreement.Revised 07211,#. EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: httoi/bccsp01/SiteDirectory/ASD/Purchasind/Formsl/Forms/Default.aspx Change Order Form Contract*: Change$ Purchase Order$: [ Project'', Contract°r/Fimi Name; Project Name: Pr erect Manager Ham. Department: [ Original C ordr arct,'Ar or Oder Amount Original BCC Apprcval Dein,Agenda Item 0 • Current BCC Approved Amount Last BC:Approval Dote.Al./woe Items* Current CortadY1 crk Order Amount SAP C.;Ortreof Expiration Cake lillastaO Dolts,Amot.nt of this Change Ire IWO! Total Change frail Or iginai Amount Raqfl*d C ceqrs(AV of‘Order Total 3 333 4011r,D1 C hange Pcm Caroni 8CC Approved Anvunl Cumukdive Charges S 030 SI)IV ! Change from Curers Arncunl Completion Date,Description af Task(si Change and Rationale for the Change Notice to Procell Of ipingiL act Approysti Revised Date Date Completion 0,1.1 Date "%OM mc:Avg 0 of Clays Added SeleM Tasks 0 Add newtast(s)0 Delete tesels) 0 Change task(s) 0 Other,sloe. Provide a response to the following:IL)demi led and apecfceap lanationkationale of the requested ch ange4s)to the taskic)and/or the additional days added CI requested},2)why this change.wac not i nclweled in the original contract:and Z.)describe dr knot:II this change is not practised. Attacri addii4-11 aLlormetoq from'Pa Orange Ptofassmora ardor Co,tractor Ir,,ealed Prepared by Dale' lPro-,ett Manager Nam*and Depannit^1) Ai.-:ecearce of Ira C Cflar S!‘al corsirmi a mold cat:oR contrin:1;worlsorder Kftnieit: 1:, .0e 5r4w41 ba ssb)ecr to al ire 1 inIt left, .Ar4 cvsd lots as cor I * Ii Iii rmira ¶ wort orla r indicated alms.,as rally as ml tre ume•nar,*Meln MA"C"a_PIThr,oc rte elpsirne-1 any,to tee Corl ran a h cor gaunt a(i,3 f,r4:stitlita4M CA any and all tla:713 ohm!CfAlarne4 Van401)Cors,111"4,' Deep'No4110114srislo;o.i ci or reeled to the change set brim"'ergo+,,r,:tujirio claim'for gepaoi led detay casts Accepted by Oaf. TContrarior Ver so, C,oriSuttam r IDES lrt P e. cr3 3,7:f48 rot of rim] 1 p,3?ect aoolc INC Approved by Data (Del%.'ar Przti.; ; ,if proiect a pplizat'*) Approved by Date 25 Const uctiort Services Agreement Revised 072118 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents cr to the Wowing specified parts thereof To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,CONTRACTOR AND DESIGN PROFESSIONAL,and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, The responsibilities between OWNER and CONTRACTOR for security, operation,safety,maintenance, heat,utilities, insurance and warranties shall be as follows 26 , Construction Services Agreement:Revised ( 072118 '`" 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 Desigr Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By Type Name and Title 27 Consiruct on Services Agreement:Re 02118 EXHIBIT 0: FINAL PAYMENT CHECKLIST Bid No.: Proiect Date: ,20 Contractor The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents Original Contract Amount: Final Contract Amount: Commencement Date. Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion' Final Completion Time as set forth in the Agreement: Caiendar Days Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted(list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). B. Certificate of Substantial Completion issued cm 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner 13. Finished Floor Elevation Certificate provided to Owner 14, Other: If any of the above is not applicable, indicate by N/A If NO is checked for any of the aboveattach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name& Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) Ey Owner: (Department Name) (Signature) (Name&Title) 28 Construction Services Agreement flonfie1,02118 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, organizabon or association or to the laws or regulations of any governmental authority having jurisdicticn 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 immediatey 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 at 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 oe 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 0 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. 29 Construction Services Agreement:Revised 072118 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways. drainage facilities and utilities being referred to in this Sub-Section 2.2 as the"Utilities", Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption, Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are(i)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three(3)calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ rraterially 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 ttiat 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. Ail 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 Drdinances then in effect Unless otherwise specified, work will generally be 30 Construction Services Agreement Revised 072118 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 Contractors 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 Exhibit D, 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner(which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager. or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735. F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is Construction Services Agreement Revised 072118 -r'' stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent(10%) of the gross amount of each monthly payment request or ten percent(10%)of the portion thereof approved by the Project Manager for payment,whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%)completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and polities. 4.7 Monthly payments to Contractor shall in no way Imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further,to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit c acknowledging that each Subcontractor,sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4 9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval,a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract.Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 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 32 Construction Services Agreement Revised 072118 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents, The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owners 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. 52 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 Contractors 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 Courts 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 Contractors 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 Contractors Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit C. 6.2 Contractors 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 (0, ConsIrl:Aon Services Agreement:Revised 072118 ---" 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 wilt 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 sjbstitute. 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 Managers 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,.^ ConstrucAbon Services Agreement Revised 07211e( 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 to'the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. 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 Contractors 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; 13 1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1 4 The number of Contractors and Sub-Contractor's personnel present and working al 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 spedal 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 Diredive 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 072110 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built"record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five(5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Honda 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 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining pubic 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 Mth the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating ts Work with all 36 Construction Services Agreement:Revised 072118 k„z,, 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 aH construction means, methods, techniques, sequences, and procedures, as well as coordination of al 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 We 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 Of additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion,as well as to claims based on late completion. 94 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. 111 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer,employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor nereunder. 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 37 Construction Services AT eement.Revised 072118 ; 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 actustment determination, Contractor mast make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractorsdirect 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 Subcontracto- or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order, Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authonzed. 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 snail be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing,or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4 11,3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. Construction Services Agreement:lienrised 041-8: 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shal 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 shal 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 shalt 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 ContractorNendor/Consultant 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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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. Contractors obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. 39 k Cor Services Agreement:Revised 072118 Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense,with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation,code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed 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 Eligibilly Verification System (E-Verify) operated by the Department of Homeland Security (OHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements, The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (REP) 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/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 providinq both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non- responsive. 40 , Construction Services Agreement Revised 07211B 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: httroltwww.dhs,gov/E-Verify It shall be the Contractors 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 sea. 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 toolsappliances, 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. 15.1 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 Construe-Hon Services Agreement Revised 072116 ;!' 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(101 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 aid 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. 19.3 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 cr 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 07211 B 18.5 If, after notice of termination of Contractors right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event(i)Owner falls to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen(14)days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty(120)consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14)days after receipt of Contractors written notice, Contractor may, upon fourteen (14) additional dayswritten 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 RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, includhg, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend al or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended. Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner)is ready for Its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion)is substantially complete.Within a reasonable time thereafter,Owner,Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 43 eo, Construction Services Agreement Revised 07211B shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list_ The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such Inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment, (4) Receipt of the final payment check list. (5) If required by Owner,other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner, Cwner reserves the right to inspect the Work and make an independent determination as to the Works acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any sabcontractors 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 unlessotherwise 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. $4, Construction Services Agreement Revised O72* 2'.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions 'or such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections,tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval, All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager, 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor, 22,4 If any Work that is to be inspected,tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8)hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design P*ofessional 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 cr 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 451, Construction Services Agreement'Revised 072118 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 and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective,or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work,or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owners best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work, If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided,however, Owner shall not be required to give notice to Contractor in the event cf 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 shaN 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 46 Construction services Agreement Revised 072118 ! 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 Contractors defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder, 24. SUPERVISION AND SUPERINTENDENTS. 24,1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractors 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 Contractors 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 contractors 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 Contractors rronthly pay estimate, sufficient moneys to account for the Owners loss of adequate project supervision, not as a penalty, but as liquidated damages. separate from the liquidated damages described in Section 5B,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 at the Project site or adjacent thereto, Contractor,without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shaft 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. Construction Services Agreernerti Revised 072•11 27. USE OF PREMISES, 27,1 Contractor shall maintain all construction equipment,the storage of materials and equipment arid 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. 23.2 Contractor shall comply with all applicable codes, laws, ordinances,rules ano regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, 48 C., Construction Services Agreement;Revised 072118 Employees shall not bring on to any Owner property any gun. rifie 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 NI Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested. Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5 8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owners 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, arid 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 Consb-tiction Servicas Agreemenl Hevised 012118 Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings(including the pre-construction conference)as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way,the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS),where applicable on state roadways These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of ail required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten(10)days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof,which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32,2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). Contractor shall prepare purchase orders tc 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 50 Construction Services Agreement.Revised 072118 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 o' bid packages fcr 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 reliabiity 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 suo-subcontractor performing any portion of the Work, as well as maintain a log cf 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 51 Conslruclion Services Agreement Revised 072118 Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies,(5)assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33,5 Each Subcontractor performing work at the Project Site must agree to provide field(on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent,foreman and schedulers at all levels) must have been employed in a supervisory(leadership)capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing,ail subcontracts and purchase orders shall provide, 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence,shall be an extension of its contract time. 33.6.2 In the event of a change in the work,the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable,shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation, Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in Mich 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 Construction Services Agreement Fievised 072118 34.1,3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1,9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 341.16 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 hstruction 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. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the fol owing information:Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 36. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5)years and the Contractor shall be responsible for all associated costs. If required,Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County Construction Services Agreemelit:Revised 072118( 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-FMOPSacolliertiov.net)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract, If there are additional fees for this process, the 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. Ail 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, engineenng and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 38, ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations- specifically 110& 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376&403 Florida Statutes; and ST!, UL. PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid &Hazardous Waste Management Department(SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing I will be storing petroleum products or hazardous materials, The contractor shag provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting 54 ( Construction services Agreement Revised 072118 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. 1 he Contractor shall employ people to work on Owner's projects who are neat,clean,well-groorned 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 Owners 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 n-ake 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 - Construction Services Agreement Revised 072118 Date:July 16, 2018 Notice of Recommended Award Solicitation No.:18-7391 Title:HVAC Modifications to North Collier Regional Water Treatment Plant Bid Due Date and Time:June 28,2018 @ 3:00 pm RESPONDENTS: Company Name City County ST Base Bid Alt#1 Alt#2 Responsive /Responsible Cedars Electro Lake Worth West Palm FL $217,000 $19,500 $12,500 Yes/Yes Mechanical Beach Compass Construction Cape Coral Lee FL $286,000 No Bid No Bid No/Yes EBL Construction Naples Collier FL $368,352 $23,575 $9,200 No/Yes B&I Contractors NO BID Utilized Local Vendor Preference: Yes No N/A On May 25,2018 the Procurement Services Division issued ITB Solicitation 18-7391 HVAC Modifications to North Collier Regional Water Treatment Plant to 23,257 vendors.Vendors downloaded ninety-nine(99)bid packages and on June 28,2018,the County received Four(4) bid response,as summarized above. The bid incorporates the following: -The Base Bid is for replacement of critical HVAC systems for the NCRWTP Laboratory. -Alternate#1 is for a 10-year warranty for Labor,Parts,and Material. -Alternate#2 is to provide 5-year Operations and Maintenance(O&M)service. Staff reviewed the bids received. B&I Contractors did not submit a bid due to workload and schedule.Compass Construction was deemed non-responsive for not responding with Alternates as required by the Instruction to Bidders. EBL was deemed non-responsive due for submitting the wrong bid form.Staff determined that Cedars Electro-Mechanical is the lowest responsive and responsible bidder. Staff therefore recommends that the contract be awarded to Cedars Electro-Mechanical,the lowest responsible and responsive bidder, based on the award of the Base Bid in the amount of$217,000,and to not award either of the Alternates at this time,for a total contract amount of$217,000.Alternates 1 in the amount of$19,500 and Alternate 2 in the amount of$12,500 will be evaluated and determined with the Notice to Proceed. Required Signatures Project Manager: 7 11111 .,- G t% 110 18 Procurement Strategist: 4 f t:"' 6 (it' Procurement Services Director:. l . Edward F.Coyman Jr. EXPLANATION Why are funds needed? Funds are needed for the construction of 100%Outside Air Unit at NCRWTP(remove old and install new). Where are funds available? Funds are available in the same fund, Project No.70114, InkTSP Field Ops-W. UJB 947-c6.176a1 REVIEW PROCESS Cost Center Director*: Date Dan Rodriguez Department Administrator*: Date George Yilmaz Budget Office: Date Agency Manager Date Finance Department: Date Clerk to the Board Admin: Date Inputted by: Date BA number(SAP) If this is uploaded into SIRE with an Executive Summary, no signatures are required from the Cost Center Director or Department Administer. If this is uploaded into Novus, please do NOT sent a paper copy of the Budget Amendment to the Office of Management and Budget office, OMB will download all budget amendments from SIRE and will process after the BCC meeting. I:\Forms\County Forms\Budget\Budget Amendment Form.xls (excel format) COLLIER COUNTY WELLNESS CENTER RENOVATIONS TO BUILDING G NAPLES,FLORIDA Project No: 18-7391 STRATEGIST: Jim Flanagan No.of Notices: 23,257 Project Til.: HVAC Modifications to North County Regional Water Treatment Plant PROJECT MANAGER: Paul Abbett No.of Downloads: 9e Bid Date June 28,2018 No.at Bids Reed: a BID TABULATION BIDDER: Cedar ElearoMechanical compass Constn,Aion EBL Construction Bal Contractors Engineer's Estimate General Conditions $16,000 $45,375 $50,702 NO BID $55,700 Demolition $9,000 $7,525 $46,650 $0 $12,000 Cutting/patching walls $1,000 $17,738 $2,000 SO $0 Temporary HVAC for Lab and Offices $5,000 $7,486 $0 $0 $3,826 Furnish and deliver HVAC Equipment $90,000 $120,510 $97,000 SO $122,575 Receive and install HVAC Equipment $12,000 $17,562 $38,000 SO $30,377 Refrigerant and Condensate Piping $9,000 $14,472 $50,000 $0 $6,242 Ducts,registers,dampers $5,000 $7,525 $5,000 $0 $8,016 Temperature Controls $24,000 $10,785 $25,000 _ $0 $0 Test and Balance $5,000 $4,012 $2:5 8,000 $0 $0 All Electrical work $20,000 $11,287 $20,000 $0 $6.495 Final Clean up $1,000 $1 612 $5.000 $0 $0 [Owner Allowance $20,0001 $20,000 l 520,0001 $0I $20,000 I Total Lump Sum Bid Including Owners Allowance $217,000 1 $286,707 I $368,352 1 $0 I $268,128 I ALTERNATE BIDS: ALTERNATE I Provide tO Year Warranty for Labor,Parts,and Material $19,500 No Bid $23,575 $0 not provided ALTERNATE 2 Provide 5 Year Operations&Maintenance(0&M)Service $12,500 No Bid $9.200 $0 not provided NOTE: ATTACH PROPOSED TEMPORARY COOLING CONCEPT PLAN DESCRIPTION WITH BID SCHEDULE Opened By: Adan Northrup Witnessed by: Vnlena Solorzano Giamoustas Completed Bid Schedule 8 Y Wrong Bid Schedule awle•..: Y Y Y YY___..._.._. - -- Oni0000u Ooograd In Ire Frond-iFo-,n 2i Y Y Y Y Y at Mdcf Suk Y 8 Y Statement of Ecla, V Y Y Irench Safety A_V' Y Y Y BA Bond(Form ilV V Y :nsurarnce alai B„,-,' -..;. _ Y Y Y Cull:of Interest al..+,, Y - Y Y Vendor Declaration lain•:r V Y Y .rnrngratwn Affidavit Cert fc _ Y Y Y 'vendor Substitute'W-9(F.,... - V V V Bdders Checklist(Fenn i 3 0 Y Y Copies of required information a':act.: Company's E-Verily Profile Page of N Y N Copy of Active Regisbatlnn rr',. Corporations N Y N Copy of Active Venn al C,r'.. r;of Business S Proles_ N Y N CcpYati-rise 6usirlass-'=i.. N/A N/A N Acknowledgement-Receipt of Addendum Addendum/t1 V y Addendum 82 Y Y Y Strategist:Confirm validity w/FL Divisions of Cwpaalions m-Iine r Y Y Strategist:Confirm validity of GC License w/DPBR on-fine Y Y Y Strategist Confirm Insurance and Bonding Requirements Y I Y V $bategbt:CONFIRM ALL BD DOCUMENTS COMPLETED AND SIGNED. no copies V no copies TEMP HVAC CONCEPT PLAN AS Specified As Specified not indicated Contractor's Office Location: Lake Worth Cape Coral Naples County Palm Beach Lee Collier BID SCHEDULE Ni July 13, 2018 Jim Flanagan Procurement Strategist IPCo ler County Procurement Services Division Motto NOTE:Email Address Has Changed 3295 Tamiami Trail East, Bldg Cl,Naples Florida 34112 Phone:239.252.8946—Jim.Flanagan(a colliercountyfl.gov Subject: 18-7391: HVAC Modifications to North County Regional Water Treatment Plant Dear Mr. Flanagan: Per your request AW Solutions has reviewed the bids for the subject project and have the following comments. • The bid tabulation appears to show that the apparent low bidder,Cedar's Electro-Mechanical, is fully responsive to all bid line items. • I was able to contact 3 of the 5 references listed for the low bidder;each reference was positive and recommended we use the firm. Upon review of the bid against The AW Solutions Opinion of Probable Construction Cost AW Solutions recommends award to the apparent low bid, Cedar's Electro-Mechanical for: • Total Lump Sum Bid Including Owner Allowance: $217,000.00 • Alternate 1 (if selected): $ 19,500.00 • Alternate 2(if selected): $ 12,500.00 If you have any questions or if you need anything more from us, please contact me. Best regards, 4 4 Ali 1 • Greg Johnson P.E. Director of Facilities AW Solutions, Inc. fage 2 of 2 980 N Federal Hwy, Suite 304 Boca Raton, FL 33432 304-281-1256 BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA# JE# BAR# APH Date 412 Capital Water Projects Fund No. Fund Description Date Prepared: August 6,2018 (Attach Executive Summary) Approved by BCC on: Item No. Expense Budget Detail Fund Center Title: Capital Water Project Fund Center No.: 273512 Funded Program (Project)Title: Infr TSP Field Ops-W 5-digit Fd Prog#: 70114 (only one Fund Center/Funded Program should be entered into this section. If amendment is for Funded Program,must enter Fund Center info) Fund Funded Commit Commitment Item Increase Current Revised Center Program Item Description (Decrease) Budget Budget 273512 70114 763100 Improvements General (217,000.00) 420,309.46 203,309.46 Net Change to Budget $ (217,000.00) Revenue Budget Detail Fund Center Title: Capital Water Project Fund Center No.: 273512 Funded Program (Project)Title: Infr TSP-Water Pint 5-digit Fd Prog#: 70118 (only one Fund Center/Funded Program should be entered into this section. If amendment is for Funded Program,must enter Fund Center info) Fund Funded Commit Commitment Item Increase Current Revised Center Program Item Description (Decrease) Budget Budget 273512 70118 652997 HVAC Contractors 217,000.00 79,830.29 296,830.29 Net Change to Budget $ 217,000.00 �...410 CEDAR-1 OP ID:NG .ACORU- DATE(MWDONYYY) `rr.--- CERTIFICATE OF LIABILITY INSURANCE 0810712018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 561-392-3300 1 NTACT Workers Compensation Group Workers Compensation Group PNorre 561-392-3300 661.361.1132 P O Box 410 1pa.Mcq,�No,ENS: Boca Raton,FL 33429-0410 I AD4RESS: Workers Compensation Group -� INSURERS)AFFORDING COVERAGE NAIL• ,_INSURER A:Technology Ins Co 42376 INSURED Cedars Electro-Mechanical,Inc 'INSURER B: 1712 South Dixie Highway Lake Worth,FL 33460-9028 INSURER C: - MIOURER 0: - _-- INSURER E: INSURER F: i COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. INV AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. — TR TYPE OF INSURANCE ADM-WW1 POLICY NUMBER lI POLICY EFF IMOMADMfYYI UMns COMMERCIAL GENERAL LIABNJTY ND wvG fMhV00lYYYYI EACH OCCURRENQE $ _ CLAIMS-MADE ( 1 OCCUR ED BEMUSE _LEA TO Mo l_t_ _MED EXP(All_oneponce) $ - _ _._ PERSONAL&ADV INJURY $ _GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 1 I j08f [ J LOC ,PRODUCTS-COMPiOP AGO $ I OTHER. S COMBINEAUTOMOBILE UABOITY e0�NGLE UMI $ — ANY AUTO BODILY MUURY{Per pers0A) t — OWNED SCHEDULED AUTOSryRE�ONLY ___ AUTOS BODILY p8001(,Y INJURY M(Per Eeard&X) _ .__ AUTOS ONLY __-_. AMID _ME . S UMBRELLA UAB OCCUR EACH OG_C�,I,IRRENCE 5 EXCESS UAB CLAIMS-MADE REGATE $ r DED RETENTIONS S A WORKERS COMPENSATION i X ATUIE I X I H. _ ANDEMPLOYERS' ARTNEY TWC3695688 03/01/2016 03/0112019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E L.EACH ACCIDENT 3- (MindatR In EXCLUDED/ NI'A I�'^ NH) EL DISEASE_EA_E_MPLOYEE; i,000,0 00 II yes.describe under £.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below i I l i i DESCRIPTION OF OPERATIONS t LOCATIONS!VEHICLES IACORD 101,Addttlonal Remarks Schedule,may be attached If more space is required) Re:Contract#18-7391 HVAC Modifications to North County Regional Water Treatment Plant -30 days notice of cancellation,10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION COLLIEO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE NOTI Collier County Board of ACCORDANCE WITH THE POLICYREOFPROVIS ONgE WILL BE DELIVERED IN County Commissioners 3295 Tamiami Trail E. _ Naples,FL 34112 AUTHORIZED REPRESENTATIVE itig•- ---'-'." ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD "____...._.m.10 CEDARS2 OP ID:DWR ACORADP' DATElMMIDDIYYYY) 41....----- CERTIFICATE OF LIABILITY INSURANCE 08/08/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 954-776-2222A_cT 1 Brown&Brown of Florida,Inc. PHONE 954-776-2222 FAX 1201 W Cypress Creek Rd#130 _Live,No,Ext): (AIC,No):954-776~4rt46 5 P.O.Box 727 Mass: Ft.Lauderdale,FL 33310-5727 Beth Garcia,CIC INSURER! IAFFORDING COVERAGE NAIL/ INSURER A:National Trust Insurance Co. 20141 INSURED Cedars Electro Mechanical,Inc Dau a,Monroe Guaranty Insurance Co. 32506 1712 S Dixie Hwy um, c.FCCI Insurance Company 10178 Lake Worth,FL 33460 INSURER D: INSURER E: I INSURER F: ._.. I COVERAGES CERTIFICATENUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER I POLICY EFF POLICY EXP LIMITS __A X COMMERCIAL GENERAL LIABN 1T1/ EAgH.00CURRENGE ,.. 1,000,000 CLAIMS-MADE I^I OCCUR X GL0020121 11/15/2017 11/15/2018 PBENISES-1E84CWrt0n�gl— S DAMAGE TO RENTED 100,000 ME4EXP/Any one wsoni $ 5,000 PERSONAL&ADV INJURY S 1,000,000 GEM AGGR 7E LIMIT APPLIES PER: GENERAL AGGREGATE i 2,000,000 X POLICY)/ECLOC PR•i.. TS-COMP/OP AGO S 2,000,000 OTHER; _ Emp Ben. $ 1,000,000 B AUTOMOBILE LUUYLnY , ...(CEOMBBIINEEDSINGLE LIMIT i 1,000,000 OHIX ANY AUTO X CA100019587 11/15/2017 11/15/2018 BODILY INJURY(Per Denson) $ OWNED SCHEDULED -- AUTOS ONLY AUTOS ����� �pry(�yy{�q _pBpgOqDILYINJURY(PMilp ) s AUTOS ONLY AUTOS ONLY jF!er !J i UM 3 100,000 A X UMBRELLA LIAa X OCCUR EACH :MENCE $ 2.000,000 EXCESS LU& CLAIMS-MADE UMB100018568 11/15/2017 11/15/2018 AGGREGATE i 2,000,000 DED X I RETENTIONS 10000 WORKERS COMPENSATION P� P1.1"- AND EMPLOYERS'LIABILITY _YIN ST TUTE I I ANY PRO PRpFETORMARTNER,EXECUTIVE !�� (MiMarAI,BalEXCLUDED? NrA L EACHA�QLObNT �4 K_yes desuibo under so.:�ISEASE-EA LMPLOYEE i DESCRIPTI N QF OPERATIONS below EDISEASE-POyCY UNIT $ C Equiment Floater CM0009909 11/15/2017 11115/2018 Equipment 39,500 I qvy Re:Contrract0#lu-7391i1V/' o I lca ons Orm Cno'untyrRegional`Water�` dNT01°Fep'feQ1'red) Treatment Plant Collier County Board of County Commissioners is an additional insured on a primary and non-contributory basis with respect to General Liability and Auto Liability if required by written contract. 30 Day notice(See notes) CERTIFICATE HOLDER CANCELLATION COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE Collier CountyBoard of CountyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 3295 Tainiami Trail E AUTHORIZED REPRESENTATIVE Naples,FL 34112 ,,---�) ACORD 25(2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE COLLIER CEDARS2 PAGE INSURED'S NAME Cedars Electro Mechanical,Inc OP ID:DWR D.c. 08/08/2018 if required by written contract. Cancellation applies except 10 days for non-payment of premium ,. ØALTER GROUP wwvwalteraureiy com August 8, 2018 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY 3295 Tamiami Trail East Naples, FL 34112-4901 RE: CEDARS ELECTRO-MECHANICAL,INC. Project: HVAC Modifications to North County Regional Water Treatment Plant,Contract #18-7391 Bond No. SUR0001520 To Whom It May Concern: We have executed the enclosed bonds on behalf of the above captioned contractor in favor of Board of County Commissioners of Collier County. Please note that we have not dated the bonds or the Power of Attorney. The copy of the contract we received was not dated and as the bonds follow the contract they should not be dated prior to the contract. Please accept this letter as authorization to date the enclosed Performance bond(s), Payment bond(s), and the attached Power of Attorney for the captioned project. Please date these items concurrently with the contract date and fax a copy to our office at 305-328-4838 or email to dawn@altersuretv.com so that we can activate the bond coverage. Please do not hesitate to contact our office should you have any questions in this regard. Thank you. Yours truly, enmuth Mutual Insurance Company 41/6.......-.- Warren M. Alter, Attorney-In-Fact 5979 N.W. 151st Street • Suite 202 • Miami Lakes, Florida 33014 Phone: 305-517-3803 • Fax: 305-328-4838 ALTER SURETY GROUP, INC. Bond Department-Public Works Bond In compliance with Florida Statute Chapter 255.05,the provisions and limitations of section 255.05 Florida Statutes,including but not limited to,the notice and time limitations in Sections 255.05(2) and 255.05(10)are incorporated in this bond by reference. Bond Number SUR0001520 Contractor Cedars Electro-Mechanical, Inc. Address & 1712 S. Dixie Highway Phone No. Lake Worth, FL 33460 561-588-4088 Surety Frankenmuth Mutual Insurance Company Address & 1 Mutual Avenue Phone No. Frankenmuth, MI 48787 704-421-7005 Owner Name Board of County Commissioners of Collier County Address & 3295 Tamiami Trail East Phone No. Naples, FL 34112-4901 239-252-8946 Contracting Public Entity (if different from the owner) Address & Phone No. Contract/Project Number Contract No.18-7391 Project Name HVAC Modifications to North County Regional Water Treatment Plant Project Location 8005 Vanderbilt Beach Road, Naples, FL 34120 Legal Description And Street Address 8005 Vanderbilt Beach Road, Naples, FL 34120 Description of Improvement: HVAC Modification This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must he in accordance with the notice and time limitation provisions in Section 255.05(2) and (10), Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond.not a common law bond. This is the front page of the bond. All other page(s)are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. EXHIBIT B-1: PUBLIC PAYMENT BOND 18-7391 Bond No.SUR0001520 Contract No. 18-7391 KNOW ALL MEN BY THESE PRESENTS: That Cedars Electro-Mechanical. Inc. 1712 S Dixie Highway Lake Worth,FI 3s4sn , as Principal, and Frankenmuth Mutual Insurance Cnmpany , as Surety, located at 1 Mutual Avenue. Frankenmuth MI 48787 (Business Address) are held and firmly bound to Too Board al County Commissioners of Corker County Floods as Obligee in the sum of Two hundred seventeen thousand and no/100 ($ 217.000.00 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for HVAC Modifications to North County Regional Water Treatment Plant in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that If Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract,then this bond Is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body, r 1 '•) 11 Construcilun Set vices Agreement:Revised 072118 Signed, sealed and delivered in the presence of: PRINCIPAL 71 J . /n,.‘g-"` )•--_ Cedars Electro-Mechanical. Inc. BY: itnesse as t Principal NAME: rt,. L. CAa lA o v b ITS: /ores r5d e..# STATE OF F Io r; d - COUNTY OF P&/rr. /,Sea uh The foregoing instrument was acknowledged before me this 9 day of AL)/vsf 20 te, by Debra_ G. Cha.lha wb as p res:c..1-e, of (iecEur /cd v-/31eekodnic.J,.2ig a Florldok corporation, on behalf of the corporation. He/she is per a y nown o r ye OR has produced N,A as Identification and did(did not)take an o My Commission Expires: igna a of Notary)� NAME: 7 L app t ai"L- (Legibly Printed) _ ":P�'i JOHN J.GIACODBA MY ommiss10N OFF 163211 (AFFIX OFFICIAL SEAL) Notary '. .: at@x0PES:pe-ce ' Comni. 51;,,o,: Bonded T ru Notary Public Underwriters .w ATTEST: Aa per attached power of attorney SURETY: Frantcenmuth Mutual Insiiranre Corny (Printed Name) 1 u _ -e - Fran:t, a rr u e •-e (B .ines• Ad , el.. to-Lek_ dr /� 1 (Authorized Signature) ,- ///- 1 / . - Warren M.Alter Attorney-In-Fact Witnesses to Surety r (Printed Name) 12 Construction Services Agreement:Revised 072110 OR 0 t 12,/41 L J--- V As Attorney in Fact (Attach Power of Attorney) ,i: � I //// /. , I I. , ate/ Warren M.Alter.Attorney-In-Fact itnesses + (Printed Name) 5979 NW 151st Street. Ste.202 Miami Lakes.FL 33014 (Business Address) 305.517.3803 (Telephone Number) STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me this day of 20 by Warren M.Alter as Attorney-In-Fact of Frankenmuth trancP 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. 1 " My Commission Expires: (Signature) Name: Lilia Rafford (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: GG1664nq Lila Rafford ?• c= Commission#GG166409 " Expires:December 7,2021 Bonded thru Aaron Notary 13 Cunslruulluu Services Agreertienl:Revised 072118 EXHIBIT B-2: PUBLIC PERFORMANCE BOND 18-7391 Bond No. SUR0001520 Contract No. 18-7391 KNOW ALL MEN BY THESE PRESENTS: That Cedars Electro-Mechanical. Inc. 1712 S.Dixie Highway.Lake WOAh FL 334sc , as Principal, and Frankenmuth Mutual Insurance Company as Surety, located at 1 Mutual Avenue Frankenmuth MI 4R7R7 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County Florida, as Obligee in the sum of Two hundred seventeen thousand and no/100 ($ 217.000.00 )for the payment whereof we bond ourselves,our heirs,executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for HVAC Modifications to North County Regional Water Treatment Plant In accordance with drawings and specifications, which contract Is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses,damages,costs and attorneys',fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages,whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract,then this bond is void;otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,for value received,hereby stipulates and agrees that no changes,extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect Its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. a 14 (gyp'j Construction Services Agreement:Revised 072118 Signed, sealed and delivered in the presence of: PRINCIPAL ..../``.J am reLly it.-1.-'ti— Cedars Electro-Mechanical Inc. 0 BY: �G�-c..,- ��+—. c�....L 4eist: incipal NAME: iie12ra_ 4 , CA"./hot A ITS: 10 res;d eNf STATE OF Florid.... COUNTY OF Aa./n•, A ea cl, The foregoing instrument was acknowledged before me this y day of AN vs-{ 20 I - , by b.ebrak. L.. ( J/, j as prc'si0len-IL of Cedars EfecPre- Mecilayu'c a Fla.-t a oc corporation,on behalf of the corporation. He/she is"ersonallykno to me OR has produced At_di, -— identification and did(did not)take an oath. My Commission Expires: -let ____ ignatur Name: on Lft at-m.4.0C J�.. (Legibly Printed) (AFFIX OFFICIAL SEAL) o ... ;;ublic, SbateistifAcoseA fon 1. 1 4.ioryiY,RI�M'MMISSiON#FF 183211 Al, x' • EXPIRtS:uecatnbet re,tc 8 ! ''fi°i.1, Bonded Thru Notary Public Underwriters i I 15 Construction Services Agreement:Revised 072118 ATTEST: As per aliache4 power of attorney SURETY: Frankenmuth Mutual Insurance Company (Printed Name) 1 Mutual Avenue enm a• O.0-1 ' ; (B sine-- Addre- ) 42, (Authorized Signature) -44--'Free - W- ren M. Alter A ors- - 1- Witness s s to Surety (Print: Name) �/�� � �7 OR >v iIr ` ♦ i + As Attorney in Fact (Attach Power of Attorney) LA11 dvri-i)t. Warren M.Alter Attorney-in-Fact Witnesse (Printed Name) 5979 NW 151st_Street Ste 202 Miami 1 Maas,FL 33014 (Business Address) 305.517.3803 (Telephone Number) STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me this day of 20 , by Warren M AItPr ,as Attorney-In-Facet of ,,.I„ 1 „ - a - ..i. • r a Michigan 3lrety, on behalf of Surety. He/She is personally known to me OR has produced personally known as identification a d hq did (•id not)take an oath. My Commission Expires: a (Signatur- Name: Lilia Rafford (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No,: GG166409 Lilia Rafford ,a, _'s Commission if GG1664U6 Expires:December 7,2021 ,.•°� Bonded thru Aaron Notary pnnU 16 Construction Services Agreement:Revised 072118 FRANKENMUTH MUTUAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that Frankenmuth Mutual Insurance Company (the"Company"),a corporation duly organized and existing under the laws of the State of Michigan,having its principal office at I Mutual Avenue,Frankenmuth, Michigan 48787,does hereby nominate,constitute and appoint: Warren M. Alter, Jonathan A. Bursevich, David T. Satine, Dawn Auspitz Their true and lawful attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal, acknowledge and deliver any and all bonds,contracts and undertakings of suretyship,with the exception of Financial Guaranty Insurance,provided,however,that the penal sum of any one such instrument shall not exceed the sum of: Forty Million and 00/100 Dollars($40,000,000) This Power of Attorney is granted pursuant to the following Resolution duly adopted at a meeting of the Board of Directors of Frankenmuth Mutual Insurance Company: "RESOLVED,that the President,Senior Vice President or Vice President and each of them under their respective designations, hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature,which may he attested or acknowledged by any officer of the Company,qualifying the attorney(s) named in the given power of attorney.to execute on behalf or,and acknowledge as the act and deed of Frankenmuth Mutual Insurance Company on all bonds,contracts and undertakings of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18th day of May,2016. Frankenmuth Mutual Insurance Company (Seal)_ "_ f �Y-f/'(`.-y ,di/ By Frederic A.Edmond,Jr., sir President and Chief Operating Officer STATE OF MICHIGAN ) COUNTY OF SAGINAW ) Sr Sworn to before me,a Notary Public in the Slate of Michigan.by Frederick A, Edmond,Jr..to me personally known to he the individual and officer described in,and who executed the preceding instrument,deposed and said the Corporate Seal and his signature as Officer were affixed and subscribed to said instrument by the authority of the Company. IN TEST MONY WHEREOF,I have set my hand,and affixed my Official Seal this 18th day of May,2016. C..26"'s',4-1 tScgf Dianne L.Voss,Notary Public Saginaw County,State of Michigan My Commission Expires:July 23,2018 1.the undersigned. Vice President of Frankemnuth Mutual Insurance Company, do hereby certify that the foregoing is a true, correct and complete copy of the original Power of Attorney:that said Power of Attorney has not been revoked or rescinded and is in full force and effect as of this date. IN WITNESS WHEREOF,I have set my hand and affixed the Seal of the Cotnpa ,this _day of ,20_. ndrew H. Knudsen,Vice President PLEASE NOTE: ALL CORRESPONDENCE RELATED TO ROND VALIDATION AND/OR A CLAIM Sf101IL!)BE DIRECTED TO VP SURETY,ONE TYLER DRIVE,SUITE 3, YARMOUTH,ME 04096 O o .r r'