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Agenda 10/13/2020 Item #16D 5 (IFQ #20-7801 - Sun-N-Fun Water Park Rehab)10/13/2020 EXECUTIVE SUMMARY Recommendation to approve the selection committee’s ranking and authorize staff to enter into contract negotiations with the A2 Group, Inc., related to Invitation for Qualification (“IFQ”) No. 20-7801, “Construction Manager at Risk for Sun-N-Fun Water Park Rehabilitation and Restoration.” OBJECTIVE: To retain a firm to provide Construction Manager at Risk (“CMAR”) services for the Sun- N-Fun Water Park Rehabilitation and Restoration to obtain a high level of schedule and cost control for the project. CONSIDERATIONS: On August 7, 2020, the Procurement Services Division released IFQ No. 20- 7801, “CMAR for Sun-N-Fun Water Park Rehabilitation and Restoration,” to thirty-two thousand five hundred and five (32,505) vendors. Interested vendors viewed one hundred sixty-one (161) bid packages, and the County received three (3) proposals by the September 10, 2020 deadline. Staff found all three (3) respondents responsive and responsible. A selection committee met on September 28, 2020, scored each of the proposals, and short listed all three (3) firms for oral presentations. On October 1, 2020, the selection committee reconvened, heard oral presentations by the three short listed firms and reached the following final ranking: Respondents: Company Name City FL State Final Rank Responsive/ Responsible A2 Group, Inc. Miami Miami-Dade FL 1 Yes/Yes DEC Contracting Group, Inc. Fort Myers Lee FL 2 Yes/Yes Recreational Design & Construction, Inc. Fort Lauderdale Broward FL 3 Yes/Yes Staff recommends negotiations with the highest-ranked firm, A2 Group, Inc. Subject to the Board’s approval of staff’s recommendation, and consistent with the terms of the solicitation and Florida Statutes Section 287.055, staff will bring a negotiated contract back to t he Board for approval at a subsequent Meeting. If a proposed agreement cannot be reached with the highest-ranked firm, staff will continue negotiations with the remaining firms in ranked order. FISCAL IMPACT: Initial funding is available in Parks Capital Fund (306) Project No. 80421 (Sun-N- Fun). Proceeds from Special Obligation Revenue Bonds, Series 2020A, approved by the Board on 9 -22- 20 will provide the balance of project funding. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve the selection committee’s ranking and authorize staff to enter into contract negotiations with A2 Group Inc., related to IFQ No. 20-7801, “Construction Manager at Risk for the for Sun-N-Fun Water Park Rehabilitation and Restoration,” and if staff is unable to reach a proposed 16.D.5 Packet Pg. 1833 10/13/2020 agreement with A2 Group, Inc., to continue negotiating with the remaining firms in ranked order, so that an agreement can be brought back to the Board at a subsequent meeting. Prepared By: Bryan Vehovec, Project Manager, Facilities Management Division ATTACHMENT(S) 1. [linked] 20-7801 - A2 Group Proposal Financials Redacted (PDF) 2. 20-7801 - CMAR IFQ - Solicitation (PDF) 3. 20-7801 - NORA - Executed (PDF) 4. 20-7801 - Selection Committee Final Ranking (PDF) 16.D.5 Packet Pg. 1834 10/13/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5 Doc ID: 13792 Item Summary: Recommendation to approve the selection committee’s ranking and authorize staff to enter into contract negotiations with the A2 Group, Inc., related to Invitation for Qualification ("IFQ") No. 20-7801, “Construction Manager at Risk for Sun-N-Fun Water Park Rehabilitation and Restoration.” Meeting Date: 10/13/2020 Prepared by: Title: – Parks & Recreation Name: Shayra Jorge 10/05/2020 11:16 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 10/05/2020 11:16 AM Approved By: Review: Parks & Recreation Barry Williams Additional Reviewer Completed 10/05/2020 11:22 AM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/05/2020 11:25 AM Public Utilities Department George Yilmaz Additional Reviewer Completed 10/05/2020 11:42 AM Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 10/05/2020 12:42 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/05/2020 1:20 PM Facilities Management Ayoub Al-bahou Additional Reviewer Completed 10/05/2020 3:25 PM Facilities Management Damon Grant Additional Reviewer Completed 10/05/2020 4:15 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/05/2020 4:20 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/05/2020 4:39 PM Procurement Services Opal Vann Additional Reviewer Completed 10/06/2020 1:42 PM Procurement Services Sandra Herrera Additional Reviewer Completed 10/06/2020 1:43 PM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 10/06/2020 2:00 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/05/2020 4:49 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/06/2020 8:06 AM County Attorney's Office Scott Teach Additional Reviewer Completed 10/06/2020 8:39 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/06/2020 10:13 AM 16.D.5 Packet Pg. 1835 10/13/2020 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/06/2020 3:23 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/07/2020 11:28 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM 16.D.5 Packet Pg. 1836 A²G 5 C , P r F 3 9 (9 wA²Group,Inc. 17825 Murdock Circle, Ste B, Port Charlotte, Florida 33948 Tel: (941) 456-7430 www.a2group.com A GROUP, INC.2 CUC 056689 A² FLORIDA LICENSES CGC 045136 EB00007338 LC26000250 September 9, 2020 Asmentioned,wehaveteamedupwithseveralfirms.Ardamanprovidesgeotechnicalandenvironmentalengineering services including foundation recommendations, materials engineering and testing, site assessments, sinkhole investigationsandevaluations,andsubsurfaceexploration.TheyhaveofficesthroughoutFloridaandwillbeusingtheir Sarasota office for this project. Hyatt Survey Services is a surveying and mapping company that is certified as a DBE/WBE/SBEfirm. A² is licensed as a Commercial Pool/Spa Contractor as well as an engineering, landscape architecture, general contractor and underground utility contractor firm. These licenses set our team apart and are especially important duringpre-constructionservices.Wehavebeenabletoidentifyseveralissuesforotherclientsthatpreventedfinancial andtimeconsequences.Assuch,wemaintainaperspectivethatextendsbeyondconstructionmanagementtodevelop anappreciationfortheentiredesignandconstructionaswellassystemmaintenance. Naples, Florida 34112 Collier County 3295 Tamiami Trail East, Bldg C-2 DearSelectionCommitteeMembers: Re: for Construction Management at Risk Services for Sun-N-Fun Water Park RestorationandRenovation, No.20-7801 Statement of Qualifications Solicitation Procurement Services Division A² Group, Inc. (A²), in conjunction with Hyatt Surveying and Ardaman and Associates, is pleased to submit our Statement of Qualifications to Collier County for Construction Manager at Risk Services for the Sun-N-Fun Water Park Restoration and Renovation project. We understand that the County is looking for a at Risk firm to restore and improvethewaterparklocatedattheNorthCollierRegionalPark.Thewadingpool,familypool,slidetower,andmain pump house are all in need of updating and the entire facility will be brought up to the current Florida Building Code (FBC)alongwithbecomingcompliantwithADAaccessibilityregulations.Thefacilitywillbecloseduntilthesummerof 2021fortheworktobecompleted.Thegrandre-openingdateisMemorialDayweekend. CM AtA²,weprideourselvesinhavingastrongtrackrecordofbuildingqualityprojectswithinbudget,aheadofschedule, no client disputes and having a satisfied client. The project quality, our performance and references have been the keystooursuccess. A² employs a highly qualified construction management team following a structured process that has proven very successful on similar public projects for agencies throughout Florida.Our project experience includes Lincoln Park Aquatic Facility, Legacy Park, Harborwalk at GilChrist, Parade Circle Pathway, Brohard Park, Port Charlotte Beach, A²G 5 C , P r F 3 9 (9 wA²Group,Inc. 17825 Murdock Circle, Ste B, Port Charlotte, Florida 33948 Tel: (941) 456-7430 www.a2group.com A GROUP, INC.2 Tel.(941)456-7430 Tel.(941)456-7430 A² has the qualifications, experience, and proactive attitude that ensures the successful management of projects. We strivetobecustomerfocused,identifyingandresolvingclients'needsthroughoutthedesignandconstructionprocess. Inclosing,weareconfidentthatourteamwillbeabletomaintainthehighestindustrystandardsatthemosteffective cost.OnbehalfofA²andoursubconsultants,wethankyoufortheopportunitytopresentourletterofinterestandlook forwardtocontinuingourworkingrelationshipwithCollierCounty. We recognize that the relevant experience of a firm is only as important as the assigned staff. The most important resource that A² brings to this project is our people, professionals who are at the forefront in the industry for their competence and commitment. The project organization is simple, direct and effective with clear single source of accountability.Theprofessionalsproposedforthisprojectwerecarefullyselectedbasedontheirextensiveexperience. For this project, we have identified Alberto G. Ribas, P.E., R.L.A., as the Project Director. A.J. Ribas will be the ProjectManager.DavidLanewillbetheFieldSuperintendentwithandRafaelAbelaasaback-upSuperintendent.Jose Mazon will be the Foreman. Traci Jacobs will provide Project Controls. They have successfully worked together on severalprojectslistedinsection3ofthisproposal.WealsohaveJackKuehn,PEfromAdramanandRussellHyatt,PSM fromHyattSurvey. LEED AP ResponsibleOffice:Contact: A²Group,Inc.A.J.Ribas(ProjectManager) 17825MurdockCircle,SteB PortCharlotteOffice PortCharlotte,Florida33948 E-mail:ribasaj@a2group.com Sincerely, Wehaveextensiveresourcesandstaffing,ineveryrequireddiscipline,inordertoprovideprofessional,competent,and affordable solutions for this highly important scope of work. Our staff has the capabilities and experience that are crucialtotheseprojectsincludingcontractadministration,projectmanagement,documentedcostcontrol,scheduling, andclaimsavoidanceexperience. Carmalita Park, South County Regional Park, Collingswood Animal Hospital, National Park Service work at MM63 in Collier County, Ludovici Park at the Palmetto Bay Library, the South Florida National Cemetery, and more. The experiencewehavegainedontheseprojectsenablesusprovideCollierCountywithcontinuinginnovationtoeffectively andefficientlymanageconstructionprojects. AlbertoG.Ribas,P.E.,R.L.A. President AGRsl September 9, 2020 Woman Business Certification from the Department of Management Services Woman Business Certification Hyatt Survey Services, Inc. 09/03/2019 09/03/2021 9/9/2020 Licensing Portal - License Search https://www.myfloridalicense.com/wl11.asp?mode=2&search=Name&SID=&brd=&typ=1/2 Data Contained In Search Results Is Current As Of 09/09/2020 02:47 PM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. License Type Name Name Type License Number/ Rank Status/Expires Certified Pool/Spa Contractor A2 GROUP INC DBA CPC1456966 Cert Pool Current, Active 08/31/2022 License Location Address*: 12915 SW 132 STREET MIAMI, FL 33186 Main Address*:PO BOX 432310 SOUTH MIAMI, FL 33143-2310 Mailing Address*:PO BOX 432310 MIAMI, FL 33143-2310 Certified General Contractor A2 GROUP INC DBA CGC045136 Cert General Current, Active 08/31/2022 License Location Address*: 12915 SW 132 STREET MIAMI, FL 33186 Main Address*:PO BOX 432310 SOUTH MIAMI, FL 33143-2310 Mailing Address*:PO BOX 432310 MIAMI, FL 33243-2310 Certified Underground Utility and Excavation Contractor A2 GROUP INC DBA CUC056689 Cert Under Current, Active 08/31/2022 License Location Address*: 12915 SW 132 STREET MIAMI, FL 33186 Main Address*:PO BOX 432310 SOUTH MIAMI, FL 33143-2310 FIRM A2 GROUP INC Primary Application in Progress Main Address*:P O BOX 432310 MIAMI, FL 33243 Landscape Architecture Business Information A2 GROUP INC Primary Business Info Current Main Address*:P O BOX 432310 MIAMI, FL 33243 Architect Business Information A2 GROUP INC Primary Business Info Closed, Main Address*:P O BOX 432310 MIAMI, FL 33243 Construction Business Information A2 GROUP INC Primary Business Info Current, Active License Location Address*: 7300 NORTH KENDALL DR STE 340 MIAMI, FL 33156 Main Address*:P O BOX 432310 MIAMI, FL 33243 Architect Business A2 GROUP INC Primary Application in Progress 2:48:45 PM 9/9/2020 9/9/2020 Licensing Portal - License Search https://www.myfloridalicense.com/wl11.asp?mode=2&search=Name&SID=&brd=&typ=2/2 Information Main Address*:P O BOX 432310 MIAMI, FL 33243 Architect Business Information A2 GROUP INC Primary Application in Progress Main Address*:PO BOX 432310 , FL 33243-2310 Registry A2 GROUP, INC.Primary 7338 Registry Current License Location Address*: 12915 SW 132 STREET SUITE 5 MIAMI, FL 33186 Main Address*:P O BOX 43-2310 MIAMI, FL 332432310 * denotes Main Address - This address is the Primary Address on file. Mailing Address - This is the address where the mail associated with a particular license will be sent (if different from the Main or License Location addresses). License Location Address - This is the address where the place of business is physically located. 2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Professional Surveyor and Mapper Business License Ardaman – Florida Business Licenses Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consultants Ardaman is currently a licensed (License #GB140) and active Florida Geology Company, although the State of Florida no longer issues certificates in that regard. CMAR - Attachment A – Required Forms – 02-21-20 2 subsequent award, or any other legal remedies available to the Collier County Government. 20-7801 CMAR for Sun-N-Fun Water Park Restoration and Renovations Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. Vendor should checkoff each of the following items: CMAR Invitation for Qualifications (IFQ) Instructions Form (on-line on BidSync) has been acknowledged and accepted. Collier County Purchase Order Terms and Conditions (on-line on BidSync) have been acknowledged and accepted. Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos myflorida.com/sunbiz/ should be attached with your submittal. Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON-RESPONSIVE E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Reference Questionnaires form MUST be utilized for each required reference and included with your submittal, or you MAY be DEEMED NON-RESPONSIVE. Form 5: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON-RESPONSIVE. Vendor W-9 Form. Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County’s issuance of a Notice of Recommend Award. Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached, or you MAY be DEEMED NON-RESPONSIVE. County’s IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 627405 The parties to this agreement are the Department of Homeland Security (DHS) and the A2 Group Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 I-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 I-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 I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-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 I-9. 7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-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 I-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 I-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 627405 Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form I-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 I-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 I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) 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 627405 Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: (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@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 627405 Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 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. 627405 Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-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 I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-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 I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-9 complies with Article II.A.6, ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with 627405 Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-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 627405 Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, 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 DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify 627405 Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 627405 Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. 627405 Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, 627405 Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. 627405 Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Approved by: Employer Name (Please Type or Print)Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print)Title Signature Date 627405 A2 Group Inc. Beatriz S Ribas Electronically Signed 12/27/2012 USCIS Verification Division Electronically Signed 12/27/2012 Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 627405 A2 Group Inc. 12915 SW 132 Street Suite 5 Miami, FL 33186 PO Box 432310 Miami, FL 33243-2310 MIAMI-DADE 650469324 237 20 to 99 1 3DJH RI (9HULI\ 028 IRU (PSOR\HUV _ 5HYLVLRQ 'DWH  &RPSDQ\ ,' 1XPEHU $UH \RX YHULI\LQJ IRU PRUH WKDQ  VLWH" ,I \HV SOHDVH SURYLGH WKH QXPEHU RI VLWHV YHULILHG IRU LQ HDFK 6WDWH 627405 FLORIDA 1 site(s) 3DJH RI (9HULI\ 028 IRU (PSOR\HUV _ 5HYLVLRQ 'DWH  &RPSDQ\ ,' 1XPEHU ,QIRUPDWLRQ UHODWLQJ WR WKH 3URJUDP $GPLQLVWUDWRU V IRU \RXU &RPSDQ\ RQ SROLF\ TXHVWLRQV RU RSHUDWLRQDO SUREOHPV 627405 Name Alberto G Ribas Phone Number (305) 668 - 8939 Fax Number (305) 668 - 9454 Email Address ribasa@a2group.com Name German Rey Phone Number (305) 668 - 8939 Fax Number (305) 668 - 9454 Email Address reyg@a2group.com Name Beatriz S Ribas Phone Number (305) 668 - 8939 Fax Number (305) 668 - 9454 Email Address ribasb@a2group.com 3DJH RI (9HULI\ 028 IRU (PSOR\HUV _ 5HYLVLRQ 'DWH  &RPSDQ\ ,' 1XPEHU627405 Page intentionally left blank Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a.Notice of E-Verify Participation b.Notice of Right to Work 2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 627405 The parties to this agreement are the Department of Homeland Security (DHS) and the A2 Group Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 I-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 I-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 I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-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 I-9. 7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-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 I-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 I-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 627405 Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form I-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 I-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 I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) 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 627405 Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: (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@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 627405 Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 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. 627405 Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-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 I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-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 I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-9 complies with Article II.A.6, ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with 627405 Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-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 627405 Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, 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 DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify 627405 Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 627405 Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. 627405 Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, 627405 Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. 627405 Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Approved by: Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date 627405 A2 Group Inc. Beatriz S Ribas Electronically Signed 12/27/2012 USCIS Verification Division Electronically Signed 12/27/2012 Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 627405 A2 Group Inc. 12915 SW 132 Street Suite 5 Miami, FL 33186 PO Box 432310 Miami, FL 33243-2310 MIAMI-DADE 650469324 237 20 to 99 1 Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 627405 FLORIDA 1 site(s) Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 627405 Name Alberto G Ribas Phone Number (305) 668 - 8939 Fax Number (305) 668 - 9454 Email Address ribasa@a2group.com Name German Rey Phone Number (305) 668 - 8939 Fax Number (305) 668 - 9454 Email Address reyg@a2group.com Name Beatriz S Ribas Phone Number (305) 668 - 8939 Fax Number (305) 668 - 9454 Email Address ribasb@a2group.com Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 627405 Page intentionally left blank COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION MANAGER AT RISK (CMAR) INVITATION FOR QUALIFICATIONS (IFQ) (In accordance with Florida Statute 287.055 Consultants’ Competitive Negotiation Act) FOR SUN-N-FUN WATER PARK RESTORATION AND RENOVATION SOLICITATION NO.: 20-7801 LISA OIEN, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8935 Lisa.Oien@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Proposer may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.D.5.b Packet Pg. 1837 Attachment: 20-7801 - CMAR IFQ - Solicitation (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration) SOLICITATION PUBLIC NOTICE CONSTRUCTION MANAGER AT RISK (CMAR) NUMBER: 20-7801 PROJECT TITLE: CMAR FOR SUN-N-FUN WATER PARK RESTORATION AND RENOVATION ESTIMATED PROJECT EXPENDITURE: $2,500,000 (This price is expected - not guaranteed) PRE-PROPOSAL CONFERENCE: August 20, 2020 at 10:00 A.M. LOCATION: PROCURMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 PROPOSAL OPENING DAY/DATE/TIME: September 10, 2020 at 3:00 P.M. PLACE OF PROPOSAL OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Facilities Management Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Construction Manager at Risk (CMAR) Invitation for Qualifications (IFQ) Solicitation (hereinafter, “CMAR IFQ”) with the intent of obtaining proposals from interested and qualified Construction Managers in accordance with the terms, conditions and specifications stated or attached. The Proposer, at a minimum, must achieve the requirements of the Qualifications, Specifications, or Scope of Work stated. BACKGROUND Collier County seeks to restore and improve the Sun-N-Fun Water Park located at North Collier Regional Park. Many of the Park’s amenities are showing their age. The facility was built in 2006 and certain components of the facility are in need of repair and replacement services. The wading pool, the family pool, the slide tower and the main pump house are all in need of updating. The entire facility will have to be brought up to the current Florida Building Code (FBC) and be made compliant with the American Disability Act (ADA) for accessibility. The facility was closed in March 2020 due to the Coronavirus (COVID-19) pandemic. The County has made the decision to keep the facility closed until Summer of 2021 to allow for the restoration work to be completed. The target grand re-opening date is Memorial Day weekend 2021. Collier County is seeking a construction management team with experience working on commercial pools and water parks to restore and renovate the Sun-N-Fun Water Park facility located at North Collier Regional Park. Many of the Park’s amenities are showing their age and need restoration. 1.The 4,610 SF wading pool and 6,735 SF family pool needs refinishing of all interior surfaces, tiling, markers, coping, grating and fittings. In addition, all play feature elements in these pools need to be replaced. The pool gutters will need to be re-worked during the restoration to bring back to a level condition. All rail goods will need replacement as well. 2.The existing slide tower stairway is made from steel and concrete construction and is showing advanced signs of oxidation which is causing the steel to delaminate and creating a safety hazard. The stairwell will need to be demolished and re-built. Alternative materials will be considered for the rebuild. 3.The main pump house needs updating. Poor air circulation/ventilation is causing corrosion to the metal piping and electrical components and will need to be addressed. A canopy needs to be erected over the chemical tank and heater /cooler yard adjacent to the building, and permanent power needs to be extended to the yard to bring into FBC compliance. 16.D.5.b Packet Pg. 1838 Attachment: 20-7801 - CMAR IFQ - Solicitation (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration) 4.The restrooms, locker and changing areas, concrete pool decks and patio furnishings will need modifications to bring them up to the current Florida Building Code for ADA accessibility. Water Technology, Inc. will be providing the Aquatics Engineering and Design Services for the Sun-N-Fun Water Park Restoration and Renovation project. Their anticipated start date is September of 2020. Project Design Milestone Schedule: Description Approximate Number of Calendar Days for Completion Task 1 - Phase I Project Kick-Off 1 Task 2 - Preliminary Programming 14 Task 3 - Conceptual Building Design 25% Submittal 21 Task 4 - Design Development 50% Submittal 30 Task 5 - Final Building Design 100% submittal 30 Task 6 - Permitting and Bid Assistance 30 Task 7 - Construction Administration Approximately 200 TERM OF CONTRACT County reserves the right to modify this scope during negotiations for budgetary reasons. The contract term, if an award is made, will commence on the date of the Notice to Proceed and end upon acceptance and approval of the final payment. Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure. DETAILED SCOPE OF WORK The Construction Manager’s work may commence with pre-construction services phase as a part of the comprehensive Construction Manager at Risk contract. Pre-construction services are included with the Construction Manager’s responsibilities with the design phase of the Project. Prior to commencing construction of the Project, the Construction Manager will assume the risk of delivering the Project through a GMP contract amendment. The Construction Manager will be responsible for construction means and methods and will be required to solicit bids from qualified subcontractors to perform the work. During the construction phase, the Construction Manager shall be solely responsible for performance of the Project and shall function in the role of an independent General Contractor. That role may include, but not be limited to, the following during each Phase as indicated below. It is anticipated that Collier County will enter into a comprehensive agreement for services with the selected firm to provide the following services: 1. The selected Construction Manager will participate in design reviews as the Consultant produces progress sets of plans and specifications. Pre-construction services shall be compensated on a time and material basis utilizing a negotiated fee schedule and negotiated “not-to-exceed” price. Negotiations of the fee schedule shall be based initially upon the rate schedule to be submitted by the proposer in the negotiation process. 2. The cost of materials and services during the construction phase will be compensated based on a Guaranteed Maximum Price to be negotiated by the County, or the County’s designee, and Construction Manager following substantial completion of design plans and specifications prepared by the Consultant. 1.1 Pre-Construction Phase: (from award through design and engineering and concluding with the acceptance of the GMP as evidenced by execution of amendment to the agreement for the Construction Phase). Pre-construction services by the Construction Manager (CM) may include, but may not be limited to the following: • Provide detailed cost estimating and knowledge of marketplace conditions. • Provide project planning and scheduling for both design and construction phases. • Provide for construction phasing and scheduling that will minimize interruption to site operations and by means 16.D.5.b Packet Pg. 1839 Attachment: 20-7801 - CMAR IFQ - Solicitation (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration) of a comprehensive logistics plan. • Provide a site utilization plan for all construction activities. • Develop a scheduling process as requested by the County. • Provide preliminary and detailed scheduling analysis as needed throughout the Project. • Provide a Schedule of Values prior to finalization of the GMP including identifying prospective subcontractors, suppliers and sub-trades acceptable to the County. • Provide recommendations on sub-contractors, materials, and amenities at the facility. • Provide alternate systems evaluation and constructability studies. • Advise the Project Team of ways to gain efficiencies in project delivery and reduce overall delivery time. • Provide long-lead procurement recommendations and identify items that have the potential to be procured by the County. • The Project will be an open book. All savings, including unused Owner’s Allowance, shall be returned to the County. The CM shall competitively select all construction subcontracts and other work appropriate for the competitive selection using cost and other factors. • Provide copies of bids and quotations solicited from prospective subcontractors, suppliers and sub-trades. Note: The County will decide for when the Construction Manager will procure a minimum of three (3) bids or demonstrate a good faith effort acceptable to the County that demonstrates attempts to obtain three (3) bids. • Single source or sole source recommended procurements shall be preapproved by the County. • Participate in regularly-scheduled project coordination meetings throughout the design phase of the Project. • Participate in constructability reviews throughout the design phase of Project. • Assist in the permitting processes. Collier County will pay for all required permit fees. • Provide value engineering throughout Project. • Continually evaluate quality, safety, and environmental factors. Develop requirements for safety, quality assurance, and schedule adherence. • Advise County regarding green building materials and methods, as well as recommendations for building life span and efficient operations. • Review final plans and specification for completeness and ADA compliance. • Provide estimating throughout the Project and as listed below. • Submit an estimated cost review and detailed by line item budget at the following stages or phases: • At completion of the Design Development Phase 30%. • At completion of 60% of the Construction Documents Phase. • At completion of 90% of the Construction Documents Phase. • At completion of 100% of the Construction Documents Phase. • Submit GMP for review and negotiation • Review all drawings, specifications and documents to ensure coordination between disciplines. Identify constructability needs that may have an impact on Final Guaranteed Maximum Price (G.M.P). • Establish, implement and maintain quality control standards. • Review and analyze long lead items and impact on design and construction schedules. Develop a ‘critical path schedule’ at each stage of the design. • The CM shall make a genuine effort to stimulate interest in the PROJECT and maximize participation of potential qualified subcontractors in the selection process with emphasis placed on recruiting and using local, small and/or minority businesses. • The CM shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the PROJECT; and make analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential subcontractors and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate 16.D.5.b Packet Pg. 1840 Attachment: 20-7801 - CMAR IFQ - Solicitation (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration) with respect to long lead procurement, separation of construction into subcontractor packages, sequencing of work, use of alternative materials, equipment or methods, other economies in design or construction and other matters that will promote cost savings and completion within the schedule time. 1.2 Construction Phase: (commencing after the preconstruction Phase) Construction services by the Construction Manager may include, but may not be limited to the following: • The County shall pay for all permits. The CM shall pull the Building Permit and shall be responsible for delivering and posting the Building Permit at the Project Site prior to the commencement of construction. The County and Consultant shall fully cooperate with the CM when and where necessary. • All projects require detailed code compliance inspection during construction in disciplines determined by the Permitting Authority. These disciplines normally include, but are not necessarily limited to, structural, mechanical, electrical, plumbing, and general building. The CM shall notify the appropriate inspector(s) and the County, no less than 24 hours in advance that the work is ready for inspection and before the work is covered up. All inspection shall be made for conformance with the applicable ordinances and building codes. Costs for all re- inspections of work found defective and subsequently repaired shall not be included as Project costs and shall be borne by the CM or as provided in the contract between CM and subcontractor. • The CM shall maintain sufficient off-site support staff and competent full-time staff at the Project Site authorized to act on behalf of the CM to coordinate, inspect and provide general direction of the work and progress of the subcontractors and the CM shall provide no less than those personnel during the respective phases of construction. The CM shall not change any of those persons unless mutually agreed to by the County and CM. In such case, the County shall have the right to approval of the qualifications of the replacement personnel. The County shall have the right to request to replace the staff at the Project site at any time during the construction. • The CM shall continue to provide current scheduling information and provide direction and coordination regarding beginning and finishing dates, responsibilities for performance and the relationships of the CMAR's work to the work of its subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall Project Schedule. The Project Schedule shall include all phases of procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. • The CM shall hold job-site meetings at least biweekly with the Construction Team, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. The CM shall prepare and maintain a record of such meetings and distribute copies as necessary. • If directed by the County, the CM shall review the design for the purpose of identifying major equipment and/or material purchases that may be advantageous for the County to purchase directly from suppliers as a tax cost saving measure. Once items have been identified and quantified by the CM, and approved by the County for direct purchase, the County will issue purchase orders and process payment for invoices approved by the CM. The CM shall prepare and be responsible for all quantities, descriptions, specifications, guarantees, payment schedules, etc., and all other required information to be included in the County issued purchase order. • The CM shall maintain files that adequately support the competitive solicitation process chosen and followed by the CM. At minimum, the CM shall provide to the County assigned Project Manager a summary bid tabulation depicting all bids received broken down by discipline and clear indication of the selected sub-contractor(s). Should the CM not select the lowest bidder in any instance, a written description as to why the lowest bidder was not selected must be provided within the bid tabulation summary. • The CM shall develop and maintain a program acceptable to the County to assure quality control of the construction. The CM shall be responsible for and supervise the work of all subcontractors, providing instructions to each when their work does not conform to the requirements of the Project Plans and Specifications and the CM shall continue to coordinate the work of each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should a disagreement occur between the CM and the Design Consultant over the acceptability of the work, the County, at its sole discretion and in addition to any other remedies provided herein, shall have the right to determine acceptability.  Prepare the overall project schedule and provide periodic detailed updates. 16.D.5.b Packet Pg. 1841 Attachment: 20-7801 - CMAR IFQ - Solicitation (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration)  Participate in regularly-scheduled project coordination meetings. • Serve as the general contractor during construction. Maintain sufficient on-site staff for the duration of the Project. • Coordinate with the County, other agencies, utility companies, and other parties as necessary. • Obtain County approval on all formats and reporting structures. • Provide long-lead procurement recommendations and, subject to the County’s authorization, initiate procurement of long-lead items. • Identify items that have the potential to be procured by the County. • Arrange for procurement of materials and equipment. • Schedule and manage site operations. • Prepare, bid, and award bid packages for labor and materials, and manage the resultant subcontracts/purchase orders. • Provide quality controls. • Bond and insure the construction. • Comply with all federal, state and local permitting requirements. • Address and resolve Project Team issues. • Maintain a safe work site for all project participants. • Maintain a system for review and approvals of shop drawings. • Develop, maintain and record all construction documentation. Work with engineer/architect to develop record drawing. Coordinate post-completion activities, including the assembly of guarantees, manuals, closeout documents, training, and final acceptance. • Provide a billing system acceptable to the County for invoicing and payment approval process. Incorporate cost control and accounting systems, acceptable to the County and Clerk of Courts – who processes all of the County’s accounts payables, to be maintained throughout construction. • Job Site Requirements. The CM shall provide each of the following activities as a part of its services hereunder: o Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. o Maintain a roster of companies on the PROJECT with names and telephone numbers of key personnel. o Establish and enforce job rules governing parking, clean-up, use of facilities and work discipline. o Provide labor relationships management and equal opportunity employment for a harmonious productive PROJECT. o Provide and administer a safety program for the PROJECT to meet OSHA requirements. Monitor for subcontractor compliance without relieving them of responsibilities to perform work in accordance with best acceptable practice. o Provide quality control program. o Provide miscellaneous office supplies that support the construction efforts which are consumed by its own forces. o Provide for travel to and from its home office to the Project Site and to those other places within County as required by the PROJECT. • Warranty and Warranty period: o Coordinate and monitor the resolution of remaining “punch-list” items. o Coordinate the 11-month walk-through warranty inspection with the County o Coordinate, monitor and resolve all warranty complaints to the satisfaction of the County during the one-year general warranty period. 16.D.5.b Packet Pg. 1842 Attachment: 20-7801 - CMAR IFQ - Solicitation (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration) CONSTRUCTION MANAGER AT RISK (CMAR) PROCESS 1.3 The selection process will involve a two-step proposal review to minimize Proposers’ costs in preparing initial qualification proposals and expediting the review process. The Proposers will initially submit a qualifications proposal which will be scored based on the criteria in the Scoring Criteria for Development of Shortlist, which will be the basis for short-listing no less than three (3) firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then issue an invitation for oral presentations (Step 2) to at least the top three short-listed firms and produce a final ranking for approval by the Board of County Commissioners (BCC). Upon approval by the BCC, the County will enter into negotiations with the top ranked firm(s) to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and technical components. The COUNTY plans to include an Owner’s Allowance in the contract for items such as changes in scope and permit acquisition. The Owners’ Allowance will be used only at the County’s direction. The negotiated contract will then be brought before the Board of County Commissioners for approval and award of contract at a Board of County Commission Meeting. Contact with County Staff including Commissioners and/or Selection Committee members: Upon advertisement of this CMAR IFQ, Proposers responding to this CMAR IFQ and members of their team, are prohibited from contacting Commissioners, members of County Staff or Selection Committee Members (including advisory members) regarding the submittals for this project prior to presentation of a recommendation to the Board of County Commissioners (except as may be necessary for contract negotiation purposes). All inquiries shall be directed to the Procurement Strategist or Procurement Director or her designated representative. 1.4 The COUNTY will use a Selection Committee in the Construction Manager at Risk Invitation for Qualifications (CMAR IFQ) selection process. 1.5 The intent of the Step 1 scoring of the qualifications-based proposal is for Proposer to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.6 Based upon a review of these qualification proposals, the short-listed firms will be requested to submit Step 2, to make oral presentations. 1.7 The scores from the CMAR-IFQ - Step 1 used for short-listing for this Project will not be carried forward for the Step 2 of this selection process. 1.8 The intent of the Step 2 oral presentations is to provide the firms with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.9 After review of the Step 2 oral presentations, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.10 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. 16.D.5.b Packet Pg. 1843 Attachment: 20-7801 - CMAR IFQ - Solicitation (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration) SCORING CRITERIA FOR DEVELOPMENT OF SHORTLIST: For the development of a shortlist, this evaluation criteria will be utilized by the COUNTY’S Selection Committee to score each proposal. Proposers are encouraged to keep their proposals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Ability of Professional Personnel 25 Points 2. Certified Minority Business Enterprise 5 Points 3. Past Performance 25 Points 4. Location (Project Approach, Willingness to Meet Time and Budget Requirements) 25 Points 5. Recent, Current, and Projected Workloads of the Firm 10 Points 6. Financial Strength and Liabilities of the Firm 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded by the County. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the CMAR IFQ submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ----------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: ABILITY OF PROFESSIONAL PERSONNEL (25 Total Points Available) 1a. This criterion measures the ability of Proposer’s team personnel as shown by their level of experience on projects of similar type, size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to team collaboration proximate to the project site. Preference will also be given to teams (both individual within the teams and the companies making up the team) that have worked together on successful delivery of similar projects. It measures the overall level of the team’s qualifications to successfully complete the project. 1b. Describe the organizations corporate structure, divisions, principals and corporate leadership, hierarchy, key personnel by position, and job responsibilities. Indicate the office location in which the project will be managed from. 1c. Describe the proposed Project team. Provide resumes and history with the Proposer, as well as career history elsewhere including dates of employment. Provide qualifications, relevant experience, and resumes for the Construction Manager and all key staff to be assigned to this project. Identify roles of project Executive/Director, Preconstruction Manager, Project Manager, and General Superintendent. Identify the longevity of employment of key staff of the Proposer. All personnel assigned to the project by the proposer shall not be reassigned to other projects without the prior written approval of Collier County. a). Indicate Project Manager’s experience in construction management at risk of Restoration and Renovation of a Public Aquatic Facilities and similar types of projects b). Indicate Project Superintendent’s experience in similar project supervision. The superintendent shall be assigned to this project full-time and be on-site during all construction. c). Indicate any Project on-site staff specializing in support of the technical requirements of the Project. c). Indicate qualified office support staff and equipment sufficient for project support and execution. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. 16.D.5.b Packet Pg. 1844 Attachment: 20-7801 - CMAR IFQ - Solicitation (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration) EVALUATION CRITERIA NO. 3: PAST PERFORMANCE (25 Total Points Available) 3a. This criterion measures the Proposer’s past experience with projects of comparable nature, similar in size, type, duration and complexity as this project along with evidence of satisfactory completion, both in time and within budget, for the past TEN (10) years. The Proposer’s team will be evaluated on past services provided for projects of similar nature - Restoration and Renovation of a Public Aquatic Facilities and projects of the size and scope of this project, including the experience the team members proposed on this project have together on the previous projects presented. Experience with all elements of the project scope as generally described herein will be evaluated, with specific emphasis on experience addressing the technical, community and project delivery categories. The Proposer’s team’s minimization of change orders will be an important consideration. Preference will be given to similar services constructed within the last 5 years in proximity to the proposed project. The Proposer shall indicate successful Construction Manager at Risk experience with Restoration and Renovation of a Public Aquatic Facilities and projects of similar size and scope. The Proposer shall furnish a list of representative projects, with a minimum of three (3) having been performed for public owners. The list shall include, as a minimum, the following information for each project listed: a. Nature of the proposing entity (e.g., corporation, partnership, sole owner, joint venture, etc.) b. The address and location of the office responsible for provision of the majority of services for the project. c. Name, address, telephone number and contact person where construction management services have been provided. Contact persons shall include project manager and department head. d. A description of the project. e. The role of the Proposer. f. The original and final contract amounts for the project. g. The project fee and the original and final contingency amounts. h. The original and actual time of completion. i. The specific safety record (number of lost workdays/total workdays worked or similar) for the projects listed. j. A list of trades self-performed and percentage of overall project construction cost that was self-performed. k. Examples of experience in providing engineering review services that are applicable to the design being undertaken by the project. 3b. The County requests that the Proposer submits no fewer than five (5) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation completed within ten (10) years as a part of their proposal. References to include no more than one Collier County project. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using form provided in Attachment A – Form 5. Proposer may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the selection committee information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 4: LOCATION (PROJECT APPROACH, WILLINGNESS TO MEET TIME AND BUDGET REQUIREMENTS) (25 Total Points Available) 4a. Written overview of the Proposer team’s resources available to complete the services requested in the schedule outlined in the scope of services. Describe the project approach to deliver successful pre-construction services to (indicate type of project) or similar projects. Include topics such as cost estimating, value engineering, scheduling, best practices, BIM Modeling, constructability review, permitting and bidding. Describe the Proposer’s quality assurance, safety and closeout programs. The Proposer should illustrate to the COUNTY how they propose to approach the project and assemble the resources to meet each phase and each major element of the project. (Limit response to 3 pages) 4b. Describe the Proposers approach to deliver successful Construction Management services. Include topics such as coordinating and constructing (describe type of project and aspects of project critical to successful completion as required by Division). (Limit response to 2 pages) 4c. Describe Proposers subcontractor management and outreach plan. Describe Proposers approach for competitively administering and evaluating bid packages. Identify a list of potential subcontractors within the major trades that have a successful long-term business relationship with the Proposer. Identify specialty trades and list subcontractors specifically and technically critical to the success of this project. Briefly describe each subcontractor’s qualifications, experience and past teamwork with the Proposer. (Limit response to 2 pages + listing of trade subcontractors that may be considered) 4d. A conceptual level schedule should be included as a separate page to illustrate concepts of design and permitting time, sequencing of the major elements. (Limit schedule to 1 page, 11” x 17” page size and 40 activities maximum) 4e. Written overview of Proposer team’s concept and approach to managing the overall cost of the project. (Limit response to 5 pages). Include in the 5-page response specific information on past project performance that demonstrates the 16.D.5.b Packet Pg. 1845 Attachment: 20-7801 - CMAR IFQ - Solicitation (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration) Proposer’s ability to meet the County’s budgets including change order history on similar projects. EVALUATION CRITERIA NO. 5: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM (10 Total Points Available) 5a. This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project. List all completed and currently active projects that the Proposer has managed/is managing within the past five (5) years. 5b. In addition, list all projected projects that Proposer will be working on. Projected projects will be defined as project(s) that the Proposer has been awarded, but the Notice to Proceed has not been issued, and any future commitments. Identify any project that the Proposer worked on concurrently. Describe Proposer’s approach in managing these projects. Were there, or will there be, any challenges for any of the listed projects. If so, describe how the Proposer dealt, or will deal, with the projects’ challenges. EVALUATION CRITERIA NO. 6: FINANCIAL STRENGTH AND LIABILITIES OF THE FIRM (10 Total Points Available) 6a. Provide audited financial statements for the last three years, current credit rating, current net worth, leverage, profitability in relation to size, liquidity and overall financial stability. Any claim of confidentiality on financial statements should be asserted at the time of submittal. The Proposer’s failure to provide the information as instructed may lead to the information becoming public. 6b. All Proposers and key firms of the Proposer’s teams shall disclose and provide a written explanation regarding any and all construction-related litigation, major disputes, contract defaults, and/or liens within the last 5 years, even if the provider considers that such may have little or no significance to County. 6c. The Proposer shall provide a summary of bonding value capacity, single project bonding value limits, value of current bond commitments, and current available bonding capacity. The Proposer shall also identify the Proposer’s history of any and all Notice to Cure and/or Demand Notice on Performance and/or Payment Bonds. 6d. If the Proposer is a joint venture, the above information provided should encompass the joint venture and each of the entities forming the joint venture. CMAR IFQ Attachments: Attachment A – Required Forms Attachment B – Insurance Requirements Attachment C – Site Aerial Attachment D – Supplemental Information – Contractor Remote Fingerprinting Attachment D - Supplemental Information - Field print Background Screening Guide Attachment E – Exhibit N – EHS Contractor Requirements CMAR IFQ On-Line Documents on BidSync – Acknowledgement and acceptance required Construction Manager at Risk – Instructions to Proposers Purchase Order Terms and Conditions Construction Manager at Risk proposer, Collier County appreciates your firm’s interest in the County’s Construction Manager at Risk project and this CMAR IFQ, and looks forward to your proposal. Thank you. - Collier County Procurement Services 16.D.5.b Packet Pg. 1846 Attachment: 20-7801 - CMAR IFQ - Solicitation (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration) Date: October 1, 2020 Notice of Recommended Award Solicitation: 20-7801 Title: Construction Manager at Risk (CMAR) for Sun-N-Fun Water Park Restoration and Renovation Due Date and Time: September 10, 2020 at 3:00PM Respondents: Company Name City County State Final Ranking Responsive/ Responsible A2 Group, Inc. Miami Miami-Dade FL 1 YES/YES DEC Contracting Group, Inc. Fort Myers Lee FL 2 YES/YES Recreational Design & Construction, Inc. Fort Lauderdale Broward FL 3 YES/YES Utilized Local Vendor Preference: Yes No Not Applicable August 7, 2020 the Procurement Services Division issued Solicitation 20-7801 – Construction Manager at Risk for Sun-N-Fun Water Park Restoration and Renovation for proposals to 32,505 vendors. One hundred sixty- one (161) solicitation packages were viewed, and three (3) proposals were received on September 10, 2020, as shown above. All three Proposers were found to be responsive and responsible. The Selection Committee met on September 28, 2020 and as described in the solicitation doucments, the Committee scored each of the proposals and shortlisted all three (3) firms for oral presentations, as noted above. On October 1, 2020 the Selection Committee reconvened and heard oral presentations by the three (3) shortlisted firms and ranked the presentations as noted above. Staff is recommending negotiations with the highest ranked firm, A2 Group, Inc. Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ Sandra Herrera DocuSign Envelope ID: 5BABE3C7-BC1D-435F-88E0-3596EA61B283 10/1/2020 10/1/2020 10/2/2020 16.D.5.c Packet Pg. 1847 Attachment: 20-7801 - NORA - Executed (13792 : Sun-N-Fun Water Park Rehabilitation and Restoration) Selection Committee Final Committee Ranking Sheet CMAR IFQ #:20-7801 Title: CMAR for Sun-N-Fun Water Park Rehabilitation and Renovation Selection Committee - Short List Presentation - Committee Ranking Name of Firm Ayoub Al- Bahou Bryan Vehovek Barry Williams Jeff Weir Joe Delate Average Selection Committee Final Rank A2 Group, Inc 1 1 1 1 1 1.0000 1 DEC Contracting Group, Inc.2 2 2 2 2 2.0000 2 Recreational Design & Construction, I 3 3 3 3 3 3.0000 3 TOTAL 6 6 6 6 6 Procurement Professional Lisa Oien, Procurement Strategist Witness Jim Flanagan, Procurement Manager - Construction Team Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the proposals (from highest being number one (1) to lowest. Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if consensus is reached. Page 1 of 1 DocuSign Envelope ID: 47811FC5-7524-4F44-A33D-25B756CA9F39 10/2/2020 10/2/2020 16.D.5.d Packet Pg. 1848 Attachment: 20-7801 - Selection Committee Final Ranking (13792 : Sun-N-Fun Water Park Rehabilitation