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Backup Documents 11/09/2021 Item #16A12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 Al 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date / 1. Risk Risk Management ///q/z./ 2. County Attorney Office County Attorney Office ` 4. BCC Office Board of County .) I�]�� Commissioners J't 1/5 �" I I t . 4. Minutes and Records Clerk of Court's Office ,n - � , Y ) ltt7 �uZt c' t1"3 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,ma need to contact staff for additional or missing information. Name of Primary Staff Vanessa Miguel/Purchasing Contact Information 239-252-6020 Contact/Depat lment Agenda Date Item was November 09, 2021 Agenda Item Number 16.A.12. Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 21-7906 Coastal Concrete number if document is Coastal Concrete Products,LLC, to be recorded Products, LLC, d/b/a Coastal Site d/b/a Coastal Site Development Development INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on November 09,2021 and all changes :',' o•, made during the meeting have been incorporated in the attached document. The RE ,�; �E an option for County Attorney's Office has reviewed the changes,if applicable. NO 'rI' 2 i t __his line. 9. Initials of attorney verifying that the attached document is the version approved by the 1 N/A is not BCC,all changes directed by the BCC have been made,and the document is read or the Ilk\0' an option for Chairman's signature. El 'melitis line. 16Al2 MEMORANDUM Date: November 18, 2021 To: Vanessa Miguel, Purchasing Technician Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #21-7906 for "Peters Ave Sidewalk Project— Grant Funded" Contractor: Coastal Concrete Products, LLC d/b/a Coastal Site Development Attached for your records is an original of the referenced document above, (Item #16Al2) adopted by the Board of County Commissioners on Tuesday, November 9, 2021. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16Al2 DIVISION OF CORPORATIONS \.'‘ JIB/��)!t of 5JL . g C O > PD,1 A\ r 1Ci 1j an official Strue of Florida s'ebsire Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company COASTAL CONCRETE PRODUCTS, LLC Filing Information Document Number L10000107847 FEI/EIN Number 27-3688614 Date Filed 10/15/2010 Effective Date 10/15/2010 State FL Status ACTIVE Principal Address 7742 Alico Rd Ft. Myers, FL 33912 Changed: 01/23/2014 Mailing Address 7742 Alico Rd Ft. Myers, FL 33912 Changed: 01/23/2014 Registered Agent Name&Address TORRES, DAVID E 7742 Alico Rd Ft. Myers, FL 33912 Address Changed: 01/23/2014 Authorized Person(s)Detail Name&Address Title MGR TORRES, DAVID E 7742 Alico Rd Ft. Myers, FL 33912 Annual Reports Report Year Filed Date 2019 02/25/2019 16 12 2020 03/29/2020 2021 02/01/2021 Document Images 02/01/2021--ANNUAL REPORT View image in PDF format 03/29/2020--ANNUAL REPORT View image in PDF format 02/25/2019--ANNUAL REPORT View image in PDF format 01/18/2018--ANNUAL REPORT View image in PDF format 01/12/2017--ANNUAL REPORT View image in PDF format 01/25/2016--ANNUAL REPORT View image in PDF format 01/12/2015--ANNUAL REPORT View image in PDF format 01/23/2014--ANNUAL REPORT View image in PDF format 01/25/2013--ANNUAL REPORT View image in PDF format 02/03/2012--ANNUAL REPORT View image in PDF format 03/02/2011--ANNUAL REPORT View image in PDF format 10/15/2010--Florida Limited Liability View image in PDF format Florida Department of State,Division of Corporations $ 6AI2 DIVISION OF CORPORATIONS 1 � LriniciIof 5114 /1�.org ?r,) u alr)D rLA:_rr(rj an official.jam,of Florida ►srbair� Previous on List Next on List Return to List Fictitious Name Search Filing History Submit Fictitious Name Detail Fictitious Name COASTAL SITE DEVELOPMENT Filing Information Registration Number G13000000293 Status ACTIVE Filed Date 01/02/2013 Expiration Date 12/31/2023 Current Owners 1 County COLLIER Total Pages 4 Events Filed 3 FEI/EIN Number 27-3688614 Mailing Address 7742 ALICO ROAD FT. MYERS, FL 33912 Owner Information COASTAL CONCRETE PRODUCTS, LLC 7742 ALICO ROAD FT. MYERS, FL 33912 FEI/EIN Number: 27-3688614 Document Number: L10000107847 Document Images 01/02/2013--Fictitious Name Filing View image in PDF format 08/15/2018--Fictitious Name Renewal Filing View image in PDF format 05/29/2015--CHANGE NAME/ADDRESS View image in PDF format 01/04/2013--CHANGE NAME/ADDRESS View image in PDF format Previous on List Next on List Return to List Fictitious Name Search Filing History Submit I6Al2 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Coastal Concrete Products, LLC dba Coastal Site Development ("Contractor") of 7742 Alico Road, Fort Myers, FL 33912 a Florida Limited Liability Company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Peters Ave. Sidewalk Project — Grant Funded", Invitation to Bid No. 21-7906 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Rummel, Klepper, & Kahl, LLP, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision,financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Two Hundred Forty-Seven Three Hundred Sixty-Five Dollars and Seventy-Five Cents ($247,365.75). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less 1 (C40 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall,within five(5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand forty-five dollars ($1,045.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 - Construction Services Agreement:Revised 01.28.21 (v10) Q 16Al2 or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #21-7906 "Peters Ave. Sidewalk Project—Grant Funded". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Not Applicable Exhibit B-2: Performance Bond Forms I I Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 1 Construction Services Agreement:Revised 01.28.21 (v10) Q i6Al2 Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ® Applicable n Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #21-7906 "Peters Ave. Sidewalk Project — Grant Funded". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by Rummel, Klepper, & Kahl, LLP ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL do Capital Project Planning, Impact Fees, and Program Management Division 2685 Horseshoe Drive S Naples, FL 34104 Attn: Laurie Beard, Project Manager Phone: (239) 252-5782 Email: Laurie.Beardcolliercountvfl.qov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Coastal Concrete Products, LLC dba Coastal Site Development 7742 Alico Road Fort Myers, FL 33912 Attn: David E. Torres Phone: (239) 208-4079 Email: Davidc torrescompanies.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement:Revised 01.28.21 (v10) 16 * 11 Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 t Construction Services Agreement:Revised 01.28.21 (v10) i 6Ai2 Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** 6 _ ! Construction Services Agreement:Revised 01.28.21 (v10) i6A1t IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Coastal Concrete Products, LLC dba Coast ite Development FIRST WITNESS Ct1/4. if( fr`` ) =1t-Gk-u By: Print Name — �P S 101 el ZOZ.P Print Name and Title Date S ITNE S Print Name Date: )0 9)\9-0't ATTEST: OWNER: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS & Comptroller OF COLL R UNTY FLORIDA 1 BY: 1/ttitt BY: Attest 4s to ChairCl aiif s - , Chair sign atureon ; , ), App ove`• as to Form and Legality: ‘\/ . l an County Attorney SGI\ Print Nam \ 7 Construction Services Agreement:Revised 01.28.21 (v10) i 6 Al2 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement:Revised 01.28.21 (v10) 1 i 61412 Solicitation No: 21-7906 Solicitation Title: Peters Ave.Sidewalk Project-Grant Funded Bid Due Date: July 20,2021 BID SCHEDULE COASTAL CONCRETE PRODUCTS, Bidder: LLC DBA COASTALSITE DEVELOPMENT BID ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT _ 101-1 MOBILIZATION LS 1 $75,000.00 $75,000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 $12,500.00 $12,500.00 104-10-3 Sediment Barrier LF 1,015 $2.25 $2,283.75 110-1-1 Clearing&Grubbing AC 1.66 $22,000.00 $36,520.00 110-7-1 Mailbox,F&I Single EA 11 $475.00 $5,225.00 120-1 Regular Excavation CY 156 $55.00 $8,580.00 120-6 Embankment CY 37 $75.00 $2,775.00 430-175-215 Pipe Culvert,Optional Material,Other Shape-Ellip/Arch,15"SD LF 204 $95.00 $19,380.00 430-984-623 Mitered End Section,Optional Other-Ellip/Arch,15"SD EA 10 $1,950.00 $19,500.00 522-2 Concrete Sidewalk and Driveways,6"thick SY 564 $70.00 $39,480.00 527-2 Dectectable Warnings SF 15 $30.00 $450.00 570-1-2 Performance Turf,Sod SY 1,487 $6.00 $8,922.00 700-1-50 Single Post Sign,Relocate EA 4 $500.00 $2,000.00 1080-21-500 Utility Fixture,Valve/Meter Box,Adjust EA 5 $950.00 $4,750,00 BID ITEM SUB-TOTAL $237,365.75 10000 IOWNERS ALLOWANCE: _ T&M 1 ( $10,000.00 $10,000.00 TOTAL BASE BID $247,365.75 7(i,...041--P-'-- Prepared by Collier County Traffic Operations 7/20/2021 /O 6ai2 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement:Revised 01.28.21 (v10) CAS' 16Al2 Appendix F—Template-Addendum Email:(Cynthia.McCanna@colliercountyfl.gov) c2o Ter C.-00u..11ty Telephone: (239-252-8992) Administrative Services Division Purchasing ADDENDUM #1 Memorandum Date: June 30, 2021 From: Cynthia McCanna, Procurement Strategist To: Interested Parties Subject: Addendum #1 21-7906 - Peters Ave Sidewalk Project- Grant Funded This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. ADDITION: The "Meeting Minutes" and "Sign-In Sheets" from the June 29, 2021, Pre-Bid Meeting have been posted to BidSync. CHANGE: -Solicitation document and Bid instructions revised to 180 days Solicitation Document Template revised from 120 days to 180 days -first page of the Invitation to Bid Solicitation document The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred eighty(180)days from the bid opening date without the consent of the Successful Bidder. The Construction Invitation to Bid Instructions paragraph 3.1 revised from 120 days to 180 days 3.1 No Bid including alternates, shall be withdrawn within one hundred and eighty (180) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred eighty (180) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred eighty (180) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. Please acknow edge re Opt oft✓s ddendu nd include with your bid. (Signature) --.- Date ...------- 4 (,)n 3" I -e-r e, ii f` - ✓C.5 ,L-L.-�._ e q (Name of Firm) C.X,G-,S f cfe. ` ✓.ve,l Sv.e, If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template—Addendum-rev 10-18-18 `L 4 16Al2 FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PETERS AVE.SIDEWALK PROJECT—GRANT FUNDED BID NO.21-7906 Full Name of Bidder Coastal Concrete Products, LLC dba Coastal Site Development Main Business Address 7742 Alico Road, Fort Myers, FL 33912 Place of Business 7742 Alico Road, Fort Myers, FL 33912 Telephone No. 239.208.4079 Fax No.239.334.1399 State Contractor's License#CGC1519460 State of Florida Certificate of Authority Document Number 27-3688614 Federal Tax Identification Number 27-3688614 DUNS# CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA (hereinafter called the Owner) The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named herein,that this Bid is submitted without collusion with any other person, firm or corporation;that it has carefully examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery,tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event the Agreement,Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth,as liquidated damages,for the delay and additional expense to the Owner,it being recognized that,since time is of the essence,Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement,Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible,to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Construction Solicitation Doc rev 02-21-20 4 16 Al2 Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing,subsequently notifies the Contractor of a modified (later)commencement date.The undersigned further agrees to substantially complete all work covered by this Bid within ninety (90) consecutive calendar days,computed by excluding the commencement date and including the last day of such period,and to be fully completed to the point of final acceptance by the Owner within thirty(30) consecutive calendar days after Substantial Completion,computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature: David E. Torres Title:Manager Date: 07/20/2021 S 5 Pam'°'~ Construction Solicitation Doc rev 02-21-20 i 6 Ail FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT PETERS AVE.SIDEWALK PROJECT—GRANT FUNDED Bid No.21-7906 Name Personnel Category David Machado Construction Superintendent Maritza Aguiar Project Manager Construction Solicitation Doc rev 02-21-20 fl i bAi2 FORM 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications,including compliance with Florida Statute 255.20 to provide lumber,timber and other forest products produced and manufactured in the State of Florida as long as the price,fitness and quality are equal. Exceptions(when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm,1 confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Coastal Concrete Products, LLC dba Coastal Site Development Signature: Date: 07/20/2021 avid E. Torres - Manager Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Coastal Concrete Products, LLG dba Coastal Site Develo��nt Signature: Date 07/20/2021 David E. Torres - Manager Construction Solicitation Doc rev 02-21-20 4 i6Al2 FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner.(Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Paving 2. Concrete 3. Site Work 4. Identify other subcontractors To be determined that represent more than 10% of price or that affect the critical path of the schedule Company: Coastal oncr to roducts. LLC dba Coastal Site Development Signature: Date: 07/20/2021 David E. Torres - Manager Construction Solicitation Doc rev 02-21-20 t6Alt FORM 5-STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5)years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. Beacon Manor Sidewalk and Project Lee County Utilitites & Dept of Transportation (project name) (project owner) Beacon Manor Drive 1500 Monroe Street, 3rd Floor Fort Myers, FL 33901 (project location) (Owner's address) Water, Sewer, Storm, and Sidewalk Alejandro Slaibe Improvement Project 1 (project description) (Owner's contact person) (title) 2020 $603,174.32 239.839.6546 (project start/completion dates) (contract value) (phone) (email) 2. Sidewalk Improvement Project Various Areas in Marco Island City of Marco Island (project name) (project owner) Marco Island, FL 50 Bald Eagle Drive, Marco Island, FL 34145 (project location) (Owner's address) Sidewalk Improvement Project Tim Pinter (project description) (Owner's contact person) (title) 2016 $862,885.32 239.389.3970 TPinter CityofMarcolsland.com (project start/completion dates) (contract value) (phone) (email) 3. Faith Landing Phase IV Habitat for Humanity of Collier County (project name) (project owner) Immokalee, FL 11145 Tamiami Trail E, Naples, FL 34113 (project location) (Owner's address) Roadway Ext, Utilities & Drainage Nick Kouloheras President (project description) (Owner's contact person) (title) 2017-2018 $460,833.47 239.438.0934 nkouloheras@hfhcoilier.org (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 02-21-20 16Al2 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4. Hacienda Lakes Phase II Hole Montes (project name) (project owner) Ratttlesnake Hammock Road, Naples FL 950 Encore Way, Naples, FL 34110 (project location) (Owner's address) Roadway Extension, Utilities & Drainage on Rattlesnake Hammock Dr. Terry Cole (project description) (Owner's contact person) (title) 2017 $ 4,538,317 239.254.2000 TerryCole@hmeng.com (project completion date) (contract value) (phone) (email) 5. N Collier(Elkcam to Buttonwood) Sidewalk City of Marco Island (project name) (project owner) N. Collier Blvd (north and south lanes) 50 Bald Eagle Drive, Marco Island, FL 34145 (project location) (Owner's address) Sidewalk Improvement Project Tim Pinter (project description) (Owner's contact person) (title) 2021 g 239.438.0934 TPinter@CityofMarcolsland.com (project completion date) (contract value) (phone) (email) 6. Woodcrest Drive Phase II Habitat for Humanity of Collier County (project name) (project owner) Woodcrest Dr and Immokalee Rd 11145 Tamiami Trail E, Naples, FL 34113 (project location) (Owner's address) Roadway Extension, Utilities & Drainage President on Wnndrrest Drive Nick Kouloheras (project description) (Owner's contact person) (title) 2016 $692,548.83 239.438.0934 nkouloheras@hfhcoliier.org (project completion date) (contract value) (phone) (email) Company: Coastal Concrete Products, LLC dba Coastal Site Development Signature: Date: 07/20/2021 David E. Torres- Manager Construction Solicitation Doc rev 02-21-20 cC:1Q 1 6 A 1 2 FORM 6-TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90-96,Laws of Florida)effective October 1,1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Quantity) Cost (Description) (LF,SY) Overall Trench 1. Safety LS 1 C 2. 3. 4. 5. TOTAL $ ✓/ )61 Failure to complete the above may result in the Bid being declared non-responsive. Company: Coastal on ete P s, C dba Coastal Site Development Signature: Date: 07/20/2021 David E. Torres - Manager Construction Solicitation Doc rev 02-21-20 r40 1 6 A 1 2 KNOW ALL MEN BY THESE PRESENTS, that, we Coastal Concrete Products, LLC (herein after called the Principal) and Philadelphia Indemnity Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Pennsylvania.with its principal offices in the city of Bala Cynwyd and authorized to do business in the State of Florida are held and firmly'bound; unto the Board of County Commissioners of Collier County,Florida (hereinafter called the Owner),in the full and:just sum of Five Percent of Amount Bid dollars($ 5%of Amount Bid )good and lawful money of the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made.,the Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally and firmly by these presents. Whereas,the Principal is about to submit,or has submitted to the Owner,a Bid for furnishing all labor,materials, equipment,and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bits No. '21-7906 Peters Ave Sidewalk Project—Grant Funded. NOW.THEREFORE,if the Owner shall accept the Bid of the PRINCIPAL:and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give such bond or bonds in an amount of l00%o the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety'for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver.to Owner the required certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$5%of Amount Bid noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall beatttll&il'0//,.f void,otherwise to remain in full force and effect. yam ;'' IN TESTIMONY Thereof,the Principal and Surety have caused these presents to be duly sign d f~seated..his 19th day of July ,20 21 ir } 'rt: ri :'D Coastal Concrete Products,LLC . q, 'ri:a�E T�►Yc?� ✓r CArYZC_fc_. BY "4.tri Sp n9 Philadelphia In• nity Insuran Company __ .. Surety . , , rcyo (Sgal) ��' �' n ' pit David T.S. i e,Att ney-In-Fac ,� . Countersigned �r�/"' Warren M.Alter,Florida Resident Agent ' rr(41.4: ) Appointed Producing Agent for Philadelphia Indemnity Insurance Company • 5 " r�0 16Al2 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint David T.Satine,Warren M.Alter and Jonathan A.Bursevich of Alter Surety Group,Inc. ,Its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the l4`^of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:(I)Appoint Attorney(s)in Fact and authorize the Attorney(s)in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto;and (2)to remove,at any time,any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TI DAY OF OCTOBER,2017. i4tt:l1 t2427s* f y4sty (Seal) f fa wtlL Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27'day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA M� NOTARIAL SEAL MmOon Tom.. NaMonicry p NotaryPublic: 1 1 1(g' .Oti1r\� Lowe Myeom lbnlnE..Monlgomu12112 2y My Commission E,ol,ot Sep!.25.2021 JEWEA.N!vgn4M4,35IX'1f11W 01M0 residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: September 25.2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27"day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 19th day of July ,20 21 . ; ?�z a $ Edward Sayago,Corporate Secretary dr"'z4'`9xhry 54^ �` PHILADELPHIA INDEMNITY INSURANCE COMPANY r 1rH„wf""Y, 1‘11 ,.,7 e. (r 0 16Al2 FORM 8-INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project,if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant,Subcontractors,agents and employees of each and all of them,all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate,require similar waivers of subrogation from the County's separate Vendors,Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County",or,the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description,or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverageal shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,.whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County,in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage)required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s),and charge the Vendor for such coverageLs,)purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance,nor shall it be responsible for the coverage(s)purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageW shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s)of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 16Al2 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required.Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ®Employer's Liability $1,000,000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability (Occurrence Form)patterned after the $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend,indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired;Automobile Included 6. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work, $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work, $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑Professional Liability $ Per claim&in the aggregate ❑Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence ❑Cyber Liability $ Per Occurrence ❑Technology Errors&Omissions $ Per Occurrence an 0 1 6 A 1 2 7. ®Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ®Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide,published by A.M.Best Company,Inc. of 75 Fulton Street,New York,New York 10038, 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet, The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11, ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East,Naples,FL 34112 13, ® Thirty(30)Days Cancellation Notice required, 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 10/13/21 -GG Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation, The insurance submitted must provide coverage for a minimum of six(6)months from the date of award. 16Al2 Collier County Administrative Services Department Procurement Services Division FORM 9-CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non- public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm(employees, officers and/or agents)certifies,and hereby discloses,that,to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Coastal Concrete Products,LLC dba Coastal Site Development Company Name Signature avid E.Torres-Manager Print Name and Title State of FLORIDA County of LEE The foregoing instrument was acknowledged before me by means of®_physi 1 presence or 0 online_mtarization, this 20th day of July (month), 2021 (year),by Davitprre (name of person acknowledging). • ( ig `ttir of Nott Public-State of Florida) filaUuw (Print,Type,or Stamp CQQjnmissioned Name of Notary Public) Personally Known OR Produced Identification Notary Public State of Florida Type of Identification Produced ; Maritza Aguiar My Commission GG 145859 Expires 12/08/2021 fi; 16Al2 Cotter County Administrative Services Department Procurement Services Qivision FORM 10-VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor hereby declares the instructions,purchase order terms and conditions,requirements,and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees,if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub- vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 20th day of July ,2021in the County of Lee ,in the State of Florida Firm's Legal Coastal Concrete Products, LLC dba Coastal Site Development Name: Address: 7742 Alico Road City,State,Zip Fort Myers, FL 33912 Code: Florida L10000107847 Certificate of Authority Document Number Federal Tax 27-3688614 Identification Number *CCR#or CAGE Code *Only if Grant Funded Telephone: 239.208.4079 Email: DavidOtorrescompanies.corn Signature by: (Typed and written) Title: David E. Torres - Manager l6Alf Additional Contact Information Send payments to: (required if different Company name used as payee from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Secondary Contact for Maritza Aguiar this Solicitation: Email: Maguiar@coastalsitework.com Phone: 239.404.8705 16Al2 Collier County Administrative Services Department Procurement Services Division FORM 11 -IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five(5)day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers,constituting a violation of the employment provision contained in 8 U.S.C.Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))that it is aware of and in compliance with the requirements set forth in Florida Statutes§448.095,and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Coastal Concrete Products, LLC dba Coastal Site Development Company Name ______________7,/ Signature David E. Torres - Manager Print Name and Title State of FLORIDA County of LEE The foregoing instrument was acknowledged before me by means of®physical presence or❑online notarization, this 20th day of July (month), 2021 (year),by DgvtaE.Torras,-Manager (name of person acknowledging). --,/'' ,r ;:2-7- 'gn eff f otary Public-State of Florida) (Print,Type,or Stam ommissioned Name of Notary Public) Personally Known OR Produced Identification ,�,^^ • �!pep Notary Public State of Florida �t r Type of Identification Produced o Maritza Aguiar r My Commission GG 145859 tire.WO.- Expires 12/08/2021 16Al2 FORM 12-BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents.Please read carefully,sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings,descriptive literature,etc.have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form(Form 1) b. Contractors Key Personnel(Form 2) c. Material Manufacturers(Fonn 3) d. List of Major Subcontractors(Form 4) e. Statement of Experience(Form 5) f. Trench Safety Act(Form 6) g. Bid Bond Form(Form 7) h. Insurance and Bonding Requirements(Form 8) i. Conflict of Interest Affidavit(Form 9) j. Vendor Declaration Statement(Form 10) k. Immigration Law Affidavit Certification(Form 11)MUST be signed and attached with your submittal or you MAY be DEEMED NON-RESPONSIVE 1. Signed 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. 9. Copies of required information have been attached a. Business tax Receipt(Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida(sunbiz.org) d. Any required professional licenses—valid and current(myfloridalicense.com) (ie:General Contractors license,Underground Utility and Excavation,Builders, Trade Contractors,etc.,as applicable,requested and/or required.) e. Vendor W-9 Form 10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included,or you MAY be DEEMED NON-RESPONSIVE. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise the Bid cannot be considered. Coastal Concrete Products, LLC dba Coastal Site Development "AI • David E. Torres-Manager 07/20/2021 Signat Date N& �� DIVISION OF- ooepos^nouu g -- --- ------ -- — Department mState / Division mcomorauonm / Se9m^xmcocds / ag!arch by nfitvwame / Detail by Entity Name Florida Limited Liability Company COASTAL CONCRETE PRODUCTS, LLC Filing Information Document Number L10000107047 FEKE|NNumbmr 27'3688014 Date Filed 1015/2010 Effective Date 1015/2010 State FL Status ACTIVE Principal Address 7742A|iooRd F1 Myom, FL33912 Chonged: O1/23/2O14 Mailing Address 7742A|iooRd Ft. Myers, FL33912 Chongad: O1/23/2O14 Registered Agent Name&Address TORRES, DAy|D E 7742A|\ouRd Ft. Myers, FL33912 Address Changed: O1/23/2U14 Authorized Pnn,nn(�)Detail Name&Address llUaMGR TORRES. DAV|OE 7742A|iooRd Ft. Myers, FL33912 Annual Reports Report Year Filed Date 1 6 A 1 2 2019 02/25/2019 2020 03/29/2020 2021 02/01/2021 Document Imagel 02/01/2021--ANNUAL REPORT View image in PDF format 03/29/2020--ANNUAL REPORT View image in PDF format Q2/25/2019--ANNUAL REPORT View image in PDF format 01/18/2018--ANNUAL REPORT View image in PDF format 01/12/2017--ANNUAL REPORT View image in PDF format 01/25/2016--ANNUAL REPORT View image in PDF format 01/12/2015--ANNUAL RE ORT View image in PDF format 01/23/2014--ANNUAL REPORT View image in PDF format 01/25/2013--ANNUAL REPORT View image in PDF format 02/03/2012--ANNUAL REPORT View image in PDF format 03/42/2011--ANNUAL REPORT View image in PDF format 10115/2010--Florida Limited Liability View image in PDF format 16Al2 Form -9 Request for Taxpayer Give Form to the (Rev.October2018) identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/ForrnW9 for instructions and the latest information. 1 Name(as shown on your Income tax return).Name Is required on this line;do not leave this line blank. Coastal Concrete Products,LLC 2 Business name/disregarded entity name,if different from above Coastal Site Development m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to t following seven boxes. certain entitles,not Individuals;see Instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate ai single-member LLC Exempt payee code(if any) as 4.it; ❑✓ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► P ti 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting +' a LLC If the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is i y) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(f an a Is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other(see instructions)► fMpers to accounts assntatnedoutstdo the U.S.) en 5 Address(number,street,and apt,or suite no.)See instructions. Requester's name and address(optional) in 7742 Alico Road 6 City,state,and ZIP code Fort Myers, FL 33912 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later, or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 2 7 - 3 b 8 8 b 1 4 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct, Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage Interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than Interest and dividends,Ailligot required to s'r• =certif ation,but you must provide your correct TIN.See the Instructions for Part II,later. 49 Sign Signature of � (26z Here u.s.person PI. � �� Date► I y General Instruction •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Inter •evenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its Instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An Individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) Identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),Individual taxpayer identification number(ITN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-20118)) 1 6 * 12 i-Verify • t .a Company ID Number:422570 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page.If you have any questions,contact E-Verify at 888-464-4218. Employer Coastal Concrete Products,LLC David Torres Name(Please Type or Print) rile Electronically Signed 6M 3/2011 Signature Date Department of Homeland Security--Verification Division USCIS Verification Division Name(Please Type or Print) itle Electronically Signed '0 611 3/2 0 1 1 Signature —'Date Information Required for the E-Verify Program information relating to your Company: Company Name:coastal Concrete Products,LLC Compa_y Facility Address:3921 Prospect Avenue Naples,FL 34104 Company Alternate Address: ^� County or Parish: COLLIER Employer Identification Number: 273688614 Page 12 of 13 I E-Vertfy MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 1 6 A 1 2 Verify ( i Company ID Number:422570 North American Industry Classification Systems Code: 238 Administrator: Number of Employees: 5 to 9 Number of Sites Verified for: 1 Are you verifying for more than 1 site?If yes,please provide the number of sites verified for in each State: • FLORIDA 1 site(s) Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: David E Torres Telephone Number. (239)263-9700 Fax Number: (239)263-1058 E-mail Address: dtorres@coastalconcreteprod.com Name: Charlotte M Walkup Telephone Number: (239)263-9700 ext.204 Fax Number: (239)263-1058 E-mail Address: ewalkup@coastalconcreteprod.com Page 13 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 1 6 A 1 2 LL- .0... E p p = I W Ce Q w w tri o co ) _, 0 0 H 0 . mum --1"," W 19 „..,..,..‘ 0 I , ' .., '� j I 1 n,a l , 4 ♦t ; i 1,G S . v I ili. 0'(4k,if ' ' ' i 1'''' -'7"7.40..'"..1‘'Vl‘4 \ ,',!? v) P ns 4-1 LL To!,re LIV rr° 1 I I• ° Ili, �i. I.., } r` �l ``.,,,!'E� ; p� R. +.+ h0'°'' : ` r I 1 1 t i7{ i ''r- y ,• ,..�...i'' i' ' 4 Q •C N ° U • • g �.' ill' Md aThSC ' ® I 11( .. �/ •°am � a ' ^ /WU ",.. ..' jt ^tr yy 0° C . F- Z > a i Q I a I o LV y� •ce t A'10) J. t: 0 2020 - 2021 164112 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1402634 Account Expires:September 30, 2021 State License Number: CGC1519460 If stale license has changed,contact our office at 239.533.6000 May engage in the business of: Location: GENERAL CONTRACTOR•CERTIFIED 7730 ALICO RD FT MYERS FL 33912 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY COASTAL CONCRETE PRODUCTS LLC TORRES DAVID E Payment Information: 7742 ALTCO RD FT MYERS FL 33912 PAID 562557-531-1 08/28/2020 04:15 PM S50.00 � 6Al2 3/3/2021 HUD Section 3 Business-Coastal Concrete Products,LLC Section 3 Business Registry Self Certification U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity QP��MENTOFyo 4 (f) * 4.4 Q G9egN DE\1°- Coastal Concrete Products , LLC Contact Information Address Coastal Concrete Products, LLC 7742 Alico Rd FORT MYERS , FL 33912 Telephone (239) 208-4079 Website Address http://www.coastalconcreteprod.com Email dtorres@coastalconcreteprod.com https://portalapps.hud.g ouSec3Bus Reg/BReg istryBusinessDetai Is?businessld=7338 1/3 1 6 Al2 3/3/2021 HUD Section 3 Business-Coastal Concrete Products,LLC Point of Contact David Torres (239) 208-4079 Business Details Business License C GC 1519460 County Lee Year Business Established 2010 Number of Employees 45 Registration Date 11/28/2016 Business Capabilities • General Contractor • Site Development Section 3 Business Criteria 0 a) Fifty-one percent or more of the business is owned by Section 3 Residents; b) Thirty percent or more of the business' full time employees are Section 3 Residents; or https://portalapps.hud.g o dSec3BusRegBReg istryBusinessDetai is?busi nessld=7338 2/3 t6Al2 3/3/2021 HUD Section 3 Business-Coastal Concrete Products,LLC c) The business can provide evidence of a firm commitment to subcontract a minimum of 25 percent of the total dollar amount of contracts to a business that meets the criteria listed in (a) and/or (b). Disclaimer HUD has not verified the information submitted by businesses listed in this registry and does not endorse the services that they provide. Users of this database are strongly encouraged to perform due diligence by verifying Section 3 eligibility before providing preference or awarding contracts to firms that have self-certified their Section 3 status with the Department. To correct your business's information, contact Sec3Biz@hud.gov. How Do I Notify HUD if I Suspect that a Business in this Registry Does Not Meet Section 3 Eligibility Criteria? If you believe that a firm has misrepresented itself as a Section 3 Business, please email the U.S. Department of Housing and Urban Development at Sec3Biz@hud.gov Your email should contain the following information: • Your name,telephone number, and email address (this information will not be shared outside of HUD) • Name, city, and state of firm that has allegedly misrepresented their status as a Section 3 business. • Any narrative explanations describing why you believe that this firm does not meet the Section 3 Business eligibility criteria. https://portalapps.hud.gov/Sec3BusReg/BRegistryBusinessDetails?businessld=7338 3/3 16Al2 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category David Machado Construction Superintendent Maritza Aguiar Project Manager 10 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 ALTER SURETY GROUP, INC. Bond Department-Public Works Bond In compliance with Florida Statute Chapter 255.05,the provisions and limitations of section 255.05 Florida Statutes, including but not limited to,the notice and time limitations in Sections 255.05(2) and 255.05(10)are incorporated in this bond by reference. Bond Number: 1084229 Contractor Coastal Concrete Products, LLC Address & 7742 Alico Road Fort Myers, FL 33912 Phone No.: (239)263-9700 Surety The Hanover Insurance Company Address & 440 Lincoln Street Worcester, MA 01653-0002 Phone No.: 508-853-7200 Owner Name:Board of County Commissioners of Collier County, FL. Address & 2685 Horseshoe Drive S, Naples, FL. 34104 Phone No.: (239)252-5782 Contracting Public Entity (if different from the owner) Address & Phone No.: Contract/Project Number: 21-7906 Project Name: Peters Ave Sidewalk Project-Grand Funded Project Location: Naples, Florida Legal Description And Street Address: Naples, Florida Description of Improvement:Construction of a 5-foot-wide sidewalk along the west side of Peters Avenue from Collee Court to just south of Tamiami Trail East. This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2) and (10), Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond,not a common law bond. This is the front page of the bond. All other page(s) are deemed subsequent to this page regardless of any page number(s)that may be pre-printed thereon. 16Ai2 EXHIBIT B-1: PUBLIC PAYMENT BOND ITB#21-7906 Bond No. 1084229 Contract No. 21-7906 KNOW ALL MEN BY THESE PRESENTS: That Coastal Concrete Products, LLC dba Coastal Site Development , as Principal, and The Hanover Insurance Company , as Surety, located at 440 Lincoln Street, Worcester, MA. 01653-0002 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County.Florida as Obligee in the sum of Iwo Hundred Forty Seven Thousand,Three Hundred Sixty-Five Dollars and Sovcnty Five Cents. ($247,365.7.5 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the -.114'Nday of kkagriNber 2021 with Obligee for Peters Avenue Sidewalk Project-Grant Funded in Bid No.21-7906 accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2021 ,the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement:Revised 01.28.21 (v10) 16 Al2 Signed, sealed and delivered in the presence of: PRINCIPAL L t � , Coastal Concrete Products,LLC dba �� "��`': Coastal Site Development ' ,� BY: - .> Witfisssesas to Principal NAME: i > ITS: r ' STATE OF t COUNTY OF > c The foregoing instrument was acknowledged before me by means of ❑physical presence or C7 online notarization, this +'a day of L ( t ,f 20 , by t)ts..y : - , as tt (+, ( t + . of ( ii-A1y_('C.c.-t ►itt • , a r« Li1-4-t corporation, on behalf of the corporation. He/she is personally known to me OR has produced .as identification and did (did-rt t) take an oath. My Commission Expires: • '.` ;- (Signature of Notary Public) . • } ''� NAME: �_I . : t I. ; (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of ,fl.GL 1O6 Commission No.: (-4-a j LI S$"r� ATTEST: SURETY: The Hanover Insurance Company (Printed Name) 440 Lincoln Street Worcester, MA. 01653-0002 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 12 Construction Services Agreement Revised 01.28.21 (v10) , SN SJ 16Al2 • OR >46, it,e2( I ' •• A Lilia Rafford, As Attorney in tract (Attach Power of Attorney) " ' ' - L1)A- ' -IC _ _.__ David T. Satine Witnesses CristyDuqu CSR (Printed q Name) 5979 NW 151st Street, Suite 202 Miami Lakes, FL. 33014 (Business Address) (305) 517-3803 (Telephone Number) STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me by means of 0 physical presence or El online notarization, this 11th day of October , 20 21 , by David T. Satine , as Attorney-In-Fact of The Hanover Insurance Co any , a New Hampshire corporation, on behalf of the corporation. He)she is personally known to me OR has produced Personally Known as identification and did (did not) take an oath. , My Commission Expires:April 11th, 2022 ti, ,� __ I ` - (Signature of Notary Public) Name: Doreen Shearin (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: GG204905 DOREEN SHEARIN NOTARY PUBLIC STATE OF FLORIDA NO GG204905 MY COMMISSION EXPIRES APR 11.2022 13 Construction Services Agreement:Revised 01.28.21(v10) i6Al2 EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB#21-7906 Bond No. 1084229 Contract No. 21-7906 KNOW ALL MEN BY THESE PRESENTS: That Coastal Concrete Products, LLC dba Coastal Site Development , as Principal, and The Hanover Insurance Company as Surety, located at 440 Lincoln Street, Worcester, MA. 01653-0002 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County, Florida , as Obligee in the sum of Two Hundred Forty Seven Thousand, Three Hundred Sixty-Five Dollars and Seventy-Five Cents ($247.365.75 )for the payment whereof we bond ourselves, our heirs,executors, personal representatives, successors and assigns,jointly and severally. per WHEREAS, Principal has entered into a contract dated as of the ` day of 133k)erYtlQr 20 21 , with Obligee for Peters Avenue Sidewalk Project-Grant Funded -Bid No. 21-7906 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses,damages,costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages,whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract,then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2021 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement:Revised 01.28.21 (v10) 1 6 A I 2 Signed, sealed and delivered in the presence of: PRINCIPAL �'-i'�c- ,�i it."/C,�e Coastal Concrete Products, LLC aba Coastal Site Development ;'lam BY: , � 'o, ' •' Witness§sas to Principal l,`-I r NAME: 1 N10 /N-T '`> �r ITS: %I\ i.. . , STATE OF Lt� vf) COUNTY OF !C The foregoing instrument was acknowledged before me by means of CJ physical presence or ❑ online notarization, this . ' day of + 20 , by -rlir ) t •�-ff', 1 , as i ''(,1 'C..••I , of ,ti,i ,5;- i 1 ..::� ��;'• , a ,,A., :i,: corporation, on behalf of the corporation. He/she is personally known to me OR has produced --.__--as;tdentification and did (did not) take an oath. My Commission Expires: (2)t, Iz1 ` at, '(Signatur6•of Notary Public) i ft Name: ! ' • C ', - : . f (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: 1 • ' Commission No.: -,, ;-, 15 Construction Services Agreement:Revised 01.28.21 (v10) I6Al2 ATTEST: SURETY: The Hanover Insurance Company (Printed Name) 440 Lincoln Street Worcester. MA. 01653-0002 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR Lille Raiford, SR As Attorn4y in Fact (Attach Power of Attorney) David T. Satine Witnesses Cristy SR (Printed Name) • 5979 NW 151st Street, #202 Miami Lakes, FL. 33014 • is (Business Address) (305) 517-3803 (Telephone Number) STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me by means of G3 iysical presence or Cl online notarization, this 11th day of October , 20 21 , by David T Satine , as Attorney-In-Fact of The Hanover Insurance Company , a New Hampshire corporation, on behalf of the corporation. He/she is personally known to me OR has produced Personally Known as identification and did (did not) take an oath. My Commission Expires: April 11th, 2022 L• -� (Signature of Notary Public) Doreen Shearin (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.:GG204905 DOREEN SHEARIN NOTARY PUBLIC STATE OF FLORIDA 16 NO GG204905 Construction Services Agreement:Revised 01.28.21(v10) MY COMMISSION EXPIRES APR 11,2022 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company')does hereby constitute and appoint, Warren M.Alter and/or David T. Satine of Alter Surety Group,Inc. of Miami Lakes, FL each individually,if there be more than one named,as its true and lawful attorney(s)- in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States, any and all surety bonds,recognizances,undertakings,or other surety obligations.The execution of such surety bonds,recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States,not to exceed Twenty Million and No/100($20,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such wntings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed; even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 —The Hanover Insurance Company:Adopted April 14, 1982—Massachusetts Bay Insurance Company;Adopted September 7,2001 —Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 131h day of April, 2016. r,,,,.;,,,,,. ,t, ,, THE HANOVER INSURANCE COMPANY �•� w$ �r,' �dY. MASSACHUSETTS BAY INSURANCE COMPANY >., a "°+.• GTIZENs 114SURANCE Ji`,OMPANY Of AMERICA I um-k, °i i1 � ' cs9) ZTl/a d>+z- 'r s I.z..,.1, I , 1, is e IIt <:,, THE HANOVER INSURANCE COMPANY MA SACHUSErr56AY U RA Of MN CA C1T N i SURA CE,. THE COMMONWEALTH OF MASSACHUSETTS ) i� ,i, COUNTY OF WORCESTER )ss. •�:� sJ n,•.._.___-)------- On this 13th day of April 2016 before me came the above named Vice Presidents of The Hanov;Pr Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. DIANE J. MARINO Nary VueMeuoirmis ?DV C_ Marco-A Mt I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,hereby certify thatjhe sbove and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do herebr•ftxfhertdertify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and 01.4 s"eals•of said.Companies, at Worcester, Massachusetts,this day of ,. - • CERTIFIED COPY' I i+?. 16Al2 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 17 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement:Revised 01.28.21 (v10) 16► Al2 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ❑ Employer's Liability $ single limit per occurrence 3. ❑ Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑ Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 5. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than$5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 19 Construction Services Agreement:Revised 01.28.21 (v10) , 16Al2 ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ❑ Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ❑ Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 11. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ❑ Thirty (30) Days Cancellation Notice required. Contractor/Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Signature Print Name Insurance Agency Agent Name Telephone Number 20 Construction Services Agreement:Revised 01.28.21 (v10) 1 6 A 1 2 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me,the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material- men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20 for the period from to .This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits,actions,claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization,this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 21 Construction Services Agreement:Revised 01.28.21 (v10) I6Al2 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. • Submitted by Contractor Application Date: Representative: Name Contractor's Name & Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @5%through $ Retainage @ 5% through [Insert $ [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time 0/0 Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 22 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 EXHIBIT D(Continued) SCHEDULE OF VALUES '.Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL NUMBER VALUE MATERIALS COMPLEI COMPLETE TO FINISH RETAINACE RETAINA( RETAINAGE PREVIOUS APPLICATIONS THIS &STORED (reduced rare) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS 'Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column.This states what has happened since the change in retainage. 23 Construction Services Agreement:Revised 01.28.21 (v10) yL!1 1 `40' i6Ai2 Exhibit D (Continued) Stored Materials Record Formula: A+ B-C - D = E A B C D E Balance Invoice Previously Received Previously Installed To Date Description Supplier Number Received This Period Installed This Period Install 24 Construction Services Agreement:Revised 01.28.21 (v10) 1 6 A 1 2 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccspOl/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx Change Order Form Contract*: Change*: PurchaseOrder*: Project*: Contractor/Firm Name: Project Name: Project Manager Name! Department: Original ContractWce Crter Amount O ci inal BCC Approval Date;Agenda Item iF Current BCC Approved Amount Last BCC Approval Date; Agenda Item.# Current Contact mark Order Arnot,nt SAP Contract Expiration Data(Master) D IfarArracuntof this Change ==DIV0: Total Change from Crigi re!Amount Revised C ortractWork Order Total .. 0 33 I ,'3! Charge from Ctrrent BCC ApproedA.mount Cumulative Changes 0.00 'I"''3: Charge from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceelj Original Last Approved Revised Date Date Completion Data Date , VI Mara8 *of Days Added Select Tasks 0 Add new taskis[ ❑Deletetask[s) 0 Changetask(s) ❑Other see &. Provide a response to the following:1.)detai led and s p ecifrc exp I anationhrational a of the requested change(a)to the task(s)and for the additional days added[if requested);2.)why this change wa s not included in the o rigi nel contract;and,3.)describe the impact if this change is not processed. .n.tac acct or al informalor Fyn. _Darns Professonal arc,orContractor If needed. Prepared by: Dale: (Project Manager N e- _ .^^ta AcceManceofthlsChangeor c's -- =. _ r,cci.----, :, _ . s wortorOer identified atcneanOwilltesotjcttoallthesame terms and conditions as canto:^s- - -- s•rler,.:7i«a e''above,as fully as if the same were stated in this acceptance. The adjustment,if any,to the Can..._-s _ 3 .final settlement-of any and atclaimsofthe Contactor:Vendor;Consvitartt# Design Profess:anal arising out of zlreated to Ire_^- =set font'ter i.,.^c luding claims for impact art delay costs. Accepted by: Date: {Contractor!Vercor Cors ha J_si r .rofrjsi cra Nameof Firm,dprojectapphcablej Approved by: Date: (Design.Professional and Name of='^i `?G'o eCt applicab)e) Approved by: Date: (Procurement Pretisssioral 25 Construction Services Agreement:Revised 01.28.21 (v10) ` \ 1 6 A 1 2 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR: Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement:Revised 01.28.21 (v10) 1 6 A 1 2 RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 27 Construction Services Agreement:Revised 01.28.21 (v10) kt ,, . {r I 6 A 1 2 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name &Title) By Design Professional: (Firm Name) (Signature) (Typed Name &Title) By Owner: (Department Name) (Signature) (Name &Title) 28 Construction Services Agreement:Revised 01.28.21 (v10) 1 6 A 1 2 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement:Revised 01.28.21 (v10) t6Ai2 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the"Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement:Revised 01.28.21 (v10) 16A11 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty(30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing,the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project,except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement:Revised 01.28.21 (v10) 16 Al2 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement:Revised 01.28.21 (v10) 1 6 A 1 2 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(a�colliercountvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 36 Construction Services Agreement:Revised 01.28.21 (v10) 1 6 A 1 2 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change 37 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 38 Construction Services Agreement:Revised 01.28.21 (v10) 16 A 1 2 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified 39 Construction Services Agreement:Revised 01.28.21 (v10) 1 6 Al2 party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying 40 Construction Services Agreement:Revised 01.28.21 (v10) 1 I6Al2 they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the 41 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or(3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or(10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven (7)calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 42 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 43 Construction Services Agreement:Revised 01.28.21 (v10) * 6412 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete.Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers,fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1)year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, 44 Construction Services Agreement:Revised 01.28.21 (v10) ��Q t6Al2 Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 45 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials 46 Construction Services Agreement:Revised 01.28.21 (v10) 6 A 1 and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 47 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor,without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from 48 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 49 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall 50 Construction Services Agreement:Revised 01.28.21 (v10) i6Al2 be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor,for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Held Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 51 Construction Services Agreement:Revised 01.28.21 (v10) i 6 A 1 2 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 52 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements 53 Construction Services Agreement:Revised 01.28.21 (v10) 1 6 A 1 2 The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPScolliergov.net)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A"project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and 54 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement,the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreement:Revised 01.28.21 (v10) 16Al2 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS "Attached hereto, following this page" 56 Construction Services Agreement:Revised 01.28.21 (v10) i. 16 A 1 2 EXHIBIT LA FEDERAL CONTRACT PROVISIONS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CFDA 14.218 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern. Contractor means an entity that receives a contract. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor(including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2)The contractor(or subcontractor)must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. AUTHORITY CDBG 14.218 Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.) Section 104(g) of Title I (24 CFR part 58) of the National Environmental Policy Act of 1969 24 CFR part 570 (Community Development Block Grants) 24 CFR part 50 or 24 CFR part 58, as applicable (Environmental Review Procedures) 2 CFR Part 200 CONTRACTOR COMPLIANCE OVERVIEW This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract(including a purchase order FPC- 1 1 6 A 1 2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS ® 1. Access to Records 2. Administrative, Contractual, or Legal Remedies 3. Affirmative Action (200.321)/Utilization of Minority and Women's Businesses ® 4. Affirmatively Furthering Fair Housing ❑ 5. Age Discrimination Act of 1975- (Add if 14.239) El 6. Audits by Comptroller General (Cranston-Gonzalez Act)-(Add if 14.239) 7. Civil Rights Compliance Compliance with Federal Law, Regulations and Executive Orders(Add if ❑ 8. 14.231) ® 9 Conflict of Interest Consistency with the Consolidated Plan and Analysis of Impediments-(Add if ❑ 10. 14.239) ❑ 11. Copyright and Patent Rights 12. Debarment and Suspension 13. Diversity 14. Energy Efficiency Standards ® 15. Environmental Compliance (Clean Air Act of 1970 and Clean Water Act of 1972) 16. Environmental Review Procedures (National Environmental Policy Act) 17. Equal Opportunity Policy and Provisions 18. E-Verify Federal Labor Standards Provisions (Davis-Bacon Act, Contract Work Hours 19. and Safety Standards Act, Copeland "Anti-Kickback"Act) 20. Grantee Recognition (Advertisement) 21. Guidance to Contractor for Compliance with Labor Standard Provisions 22. Historic Preservation 23. Inspector General Cooperation (State Provision) 24. Lobbying Prohibition 25. No Third-Party Obligation by Federal Government Nondiscrimination under Federal Grants and Programs (Section 504, 26. Rehabilitation Act of 1973; Section 794, as amended) 27. Procurement of Recovered Materials 28. Program Fraud and False or Fraudulent Statements of Related Acts Prohibition on Certain Telecommunications and Video Surveillance Services or 29. Equipment 30. Record Keeping and Retention 31. Religious Organizations ® 32. Section 3 33. Termination (Cause and Convenience) >$10K 34. Transparency Act 35. Uniform Relocation Assistance and Real Property Acquisition Act of 1970 36. Domestic Preference for Procurements FPC-2 1 6 A 1 2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS 1. ACCESS TO RECORDS The local government, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 2. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES (Ref. 41 U.S.C. 1908, 2 CFR § 200 Appendix II (A) Unless otherwise provided in this contract, all claims,counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it,will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. 3. AFFIRMATIVE ACTION I. The following applies to contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (§200.321) (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and, (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Contractors may seek opportunities with minority businesses, women's business enterprises, and labor surplus area firms using the Dynamic Small Business Search tool: http://dsbs.sba.00v/dsbs/search/dsp dsbs.cfm II. Actions to Use Minority and Women's Business Firms (Presidential Executive Order 11246, September 24, 1966) Prior to contract award, the contractor shall document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from: •Florida Department of Management Services, Office of Supplier Diversity, •Florida Department of Transportation (construction services, particularly highway), •Minority Business Development Center in most major cities, and •Local government M/WBE programs in many large counties and cities. A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program. III. Diversity (Reference 2 CFR § 200.321) FPC-3 1 6 A 1 2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS The County is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Firms may be required to submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service-disabled veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at: http://dms.myflorida.com/other programs/office of supplier diversity osd/ 4. AFFIRMATIVELY FURTHERING FAIR HOUSING (Title VIII of the Fair Housing Act of 1968 (42 U.S.C. 3601-3619, and implanting regulations; 24 CFR Parts 5, 91, et al.) This contract will be conducted and administered in conformity with the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations. 5. AGE DISCRIMINATION ACT OF 1975 (24 CFR part 146) This Act prohibits discrimination based upon age in federally assisted and funded programs or activities, except in limited circumstances. 6. AUDITS BY COMPTROLLER GENERAL (Cranston-Gonzalez Act; 42 U.S.C. 128833) The financial transactions of recipients of funds provided under this title may, insofar as they relate to funds provided under this title, be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports,files, and other papers,things, or property belonging to or in use by such recipients pertaining to such financial transactions and necessary to facilitate the audit. 7. CIVIL RIGHTS COMPLIANCE The Contractor agrees to comply with applicable County and State civil rights ordinances and Title VI of the Civil Rights Act of 1964 as amended, Title VII of the 1968 Civil Rights Act, as amended by the Equal Employment Opportunity Act of 1972, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Title VI of the Civil Rights Act of 1964. The Contractor shall comply with Title VI of the Civil Rights Act of 1964 which prohibits all recipients of federal financial assistance from discriminating based on race, color, or national origin. Title VI applies to any program or activity receiving federal financial assistance, not just housing. 8. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE ORDERS This is an acknowledgement that HUD financial assistance will be used to fund the contract. The contractor will comply will all applicable federal law, regulations, executive orders, HUD policies, procedures, and directives. 9. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. FPC-4 1 6 A 1 2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS 10. CONSISTENCY WITH THE CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS (Al/Assessment of Fair Housing): The COUNTY and the Contractor acknowledge the jurisdiction's certification to affirmatively further fair housing. 11. COPYRIGHT AND PATENT RIGHTS No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The US Department of Housing and Urban Development and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor's services. 12. DEBARMENT AND SUSPENSION All grantees are required to verify that any/all persons, contractors, consultants, businesses, sub- recipients, etc. that are conducting business with the grantee, including any city/county or the grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Verification will be checked through the excluded parties system list at www.sam.qov. Non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180, apply to all contracts under this award, as described in §200.214. 13. DIVERSITY (Reference 2 CFR § 200.321) The County is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. All contracting and subcontracting opportunities afforded by this solicitation/contract are strongly encouraged to contribute as both Contractors and Sub-Contractors. Firms may be required to submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service-disabled veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE)and Certified Service-Disabled Veteran Business Enterprises(CSDVBE) is available from the Office of Supplier Diversity at: http://dms.myflorida.com/other_programs/office_of supplier_diversity_osd/ 14. ENERGY EFFICIENCY STANDARDS The contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan and issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163). 15. ENVIRONMENTAL COMPLIANCE If this contract exceeds $100,000, the Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over$100,000. 16. ENVIRONMENTAL REVIEW PROCEDURES (National Environmental Policy Act) The environmental review procedures set forth at 24 CFR part 58 must be completed for each activity (or project as defined in 24 CFR part 58), as applicable. 17. EQUAL OPPORTUNITY POLICY AND PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally assisted construction contracts and related subcontracts$10,000 and under.) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, FPC-5 16Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS without regard to their race, color, religion, sex, sexual o r i e n t a t i o n , g en der identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Executive Order 11246, as Amended (through 2014), Section 202 Equal Opportunity Clause (Applicable to contracts/subcontracts above $10,000) During the performance of this contract, the contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race,color, religion, sex, sexual orientation,gender identity,or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information." (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the said labor union or worker's representatives of the Contractor's commitment under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and by the Rules, Regulations, and Relevant Orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or FPC-6 1 6 A 1 2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the Provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to construction contracts/subcontracts exceeding $10,000.) (a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (b) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Female participation:6.9%(statewide) Minority participation: 17.1%Collier County These goals are applicable to all Contractor's construction work(whether or not it is federally- assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction. The Contractor's compliance with Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established or the geographic area where the contract resulting from his solicitation is to be performed. The hours of minority and female employment or training must be substantially uniform throughout the length of the contract and in each trade the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (c) The Contractor shall provide written notification to the County within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. FPC-7 16 A 1 2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS Contact Information: Collier County Government—CHS Section 3 Manager 3339 East Tamiami Trail E, STE 211 Ms. Kristi Sonntag Naples, Florida 34112 Telephone: 239-252-2486 Telephone 239-252-2273 kristiSonntag@colliergov.net Fax 239-252-2638 http://www.colliergov.net/your-government/divisions-a-e/community-and-human-services (d) As used in this Notice, and in the contract resulting from the solicitation, the "covered area" is the county in which the contract work is being undertaken. D. 41 CFR 60-4.3 Equal Opportunity Clauses (a). The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is required to be included in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and subcontracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is required to be included in, and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to the clauses described above, all Federal contracting officers, all applicants and all nonconstruction contractors, as applicable, shall include the specifications set forth in this section in all Federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to § 60-4.6 of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and subcontracts covered under the Executive order. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). 1. As used in these specifications: A. "Covered area" means the geographical area described in the solicitation from which this contract resulted; B. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; C. "Employer identification number" means the Federal Social Security number used on the Employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. D. "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (II) Hispanic(all persons of Mexican, Puerto Rican,Cuban, Central, or South American or other Spanish Culture or origin, regardless of race); (III) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Island); and (IV) American Indian or Alaskan Native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work i n the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. FPC-8 i 6 A 1 2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs (7) (A) through(P). of these specifications.The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under t h e s e s p e c i f i c a t i o n s , Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. 7. The Contractor shall t a k e s p e c i f i c a f f i r m a t i v e actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensively as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each m i n o r i t y a n d female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, or if referred, not employed by the Contractor,this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person FPC-9 t6Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs,especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7.(b) above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority,female and community organizations, to schools with minority and female recruitment students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and,where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 60-3. (I) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices,job classifications,work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female FPC- 10 16 Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (q) become familiar with the HUD "Questions and Answers on Sexual Harassment under the Fair Housing Act."And request a copy from the County if needed. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(7)(a)through(p).The efforts of a contractor association,joint contractor- union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (7) (a) through (p) of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs.Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name,address,telephone numbers,construction trade, union affiliation,if any,employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which FPC- 11 16 * 12 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). E. Certification of Non-Segregated Facilities (Construction Contracts over$10,000) The contractor does not maintain or provide for its employees to perform their services at any location, under its control, where segregated facilities are maintained. The contractor certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit employees to perform their services at any location, under its control, where segregated facilities are maintained.The contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term"segregated facilities"means any waiting rooms,work areas, rest rooms and wash rooms, restaurants, and other eating areas, time clocks, locker rooms, and other storage or dressing areas,parking lots,drinking fountains,recreation or entertainment areas, transportation and housing facilities which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The contractor further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods)it will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that it will retain such certifications in its files; and that it will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods). F. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race,color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. G. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national original, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. H. Section 503 Handicapped(Contracts$2,500 or Over) (1)The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2)The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary o f Labor issued pursuant to the Act. (3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's ;bligation under the law to take affirmative action to employ and advance in employment qua fled handicapped employees and applicants for employment, and the rights of applicants and e. ployees. FPC- 12 ,y 16Al2 EXHIBIT LA FEDERAL CONTRACT PROVISIONS (5)The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or their contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (6)The Contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,including action for noncompliance. I.Age Discrimination in Employment Act of 1967, as Amended It shall be unlawful for an employer- (1)to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age; (2)to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or (3)to reduce the wage rate of any employee in order to comply with this chapter. J.Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) (1) Under Title II of the Genetic Information Nondiscrimination Act, it is illegal to discriminate against employees or applicants because of genetic information. Employers are prohibited from using genetic information in making employment decisions. GINA restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information. The law forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay,job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment. (2) "Genetic information" includes information about an individual's Genetic tests and the genetic tests of an individual's family members, as well as information about the manifestation of a disease or disorder in an individual's family members (i.e. family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future. 18. E-VERIFY (Presidential Executive Order 12989; Florida Executive Order Number 11-116) Vendors/Contractors/Subcontracts: 1.Agree to utilize the U.S. Department of Homeland Security's E-verify system to verify the employment of all new employees hired by Contractor during the contract term; and 2. Contractor shall include in related subcontracts a requirement that Subcontractors performing work or providing services pursuant to the state contract utilize the E-verify system to verify employment eligibility of all new employees hired by the Subcontractor during the contract term. 19. FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act, Copeland Anti-Kickback Act, and Contract Work Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Pr—isions are included in this Contract pursuant to the provisions applicable to such Federal assistance. FPC- 13 16Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2) The classification is utilized in the area by the construction industry;and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii)In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify FPC- 14 16Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS HUD or its designee within the 30-day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 215-0140.) (iv)The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(ii) or of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (2) Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD, or its designee may, after written notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. (3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing FPC- 15 16 Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (b) (i)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A(3)(b)(ii)of this section. (iv) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (c) The contractor or subcontractor shall make the records required under paragraph A(3)(a) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) (a) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually FPC- 16 16Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (ii) Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. FPC- 17 t 6 Ail EXHIBIT LA FEDERAL CONTRACT PROVISIONS (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. (6) Subcontracts.The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. (9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor (USDOL) set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the USDOL, or the employees or their representatives. (10) (a) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms "laborers" FPC- 18 16Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph(1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. FPC- 19 16Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS 20. GRANTEE RECOGNITION (ADVERTISEMENT/PUBLIC NOTICE) All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the funding source. The Contractor will mount a temporary construction sign for projects funded by Housing Urban Development through Collier County Community and Housing Services. The design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The Construction sign shall comply with applicable County codes. 21. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS A. Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. B. Complying with Minimum Hourly Amounts (1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the "Rates" and "Fringe Benefits" (if any) columns of the applicable wage decision. (2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the "Rates" and "Fringe Benefits" columns. (3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally,a fringe benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.) C. Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and related acts only establish minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime requirement and uses "basic rate of pay" as the base for calculation, not the minimum rates established by the Davis-Bacon and related acts.) D. Deductions Workers who have deductions, not required by law, from their pay must authorize these FPC-20 i6Ai2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. E. Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner's representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The USDOL must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. F. Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s)based on the work performed. G. Sole Proprietorships/ Independent Contractors/ Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as "owner" is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. FPC-21 C40 16Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS H. Apprentices/Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the "trade" depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a "helper". As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. 22. HISTORIC PRESERVATION The Contractor shall comply with the historic preservation requirements of 24 CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and with all other environmental regulatory requirements. D. Historic Preservation: The contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic reservation Procedures for Protection of Historical Properties. 23. INSPECTOR GENERAL COOPERATION (STATE PROVISION) The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 24. LOBBY PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature, the judicial branch, or any state agency. (b) The contractor/vendor certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief; 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency," a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying." The contractor/vendor shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by FPC- 22 6A1 EXHIBIT 1..A FEDERAL CONTRACT PROVISIONS Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 25. NO THIRD-PARTY OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 26. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS (Section 504, Rehabilitation Act of 1973; 29 USC § 794) a) Section 504 prohibits discrimination based upon disability in all programs or activities operated by recipients of federal financial assistance. b) Section 794. No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency. 27. PROCUREMENT OF RECOVERED MATERIALS (Reference 2 CFR § 200.323) Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or(iii)At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/. The list of EPA-designate items is available at https://www.epa.gov/smm/comprehensive-procurement-quideline-cpq-program. 28. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OF RELATED ACTS The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 29. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT The Federal awarding agency prohibits the County to enter into a contract to procure or obtain equipment, services or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as described in §200.216. 30. RECORD KEEPING AND RETENTION The Recipient, its employees or agents, including all contractors, subcontractors or consultants to be paid from funds under this Agreement, shall allow access to its records at reasonable times to the Departments, its employees and agents. "Reasonable" shall ordinarily mean during normal business hours of 8am to 5pm local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. The Contractor shall maintain all records required by the grantor. ii. All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled, or completed by the Contractor for the purpose of this Agreements shall be made available to the County by the Contractor at any time upon request by the County or HUD. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to the County if requested. In any event the sub-recipient shall keep all documents for six (6) years after the expiration of this agreement and after the local government makes final payment and all other pending matters are closed. FPC-23 16 * 12 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS 31. RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religions organizations. Section 24 CFR 570.200(j) specifies the limitations on CDBG funds. 32. "SECTION 3" TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the S ection 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this S ection 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with S ection 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 33. TERMINATION FOR CAUSE AND / OR CONVENIENCE (OVER $10K) 2. TERMINIATION FOR CAUSE AND /OR CONVENIENCE A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating FPC- 24 16Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 1.(A) above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any addit ional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors)which had become firm prior to receipt of the notice of intent to terminate. D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. E. Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract. F. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph(c) above. 34. TRANSPARENCY ACT Unless exempt under 2 CFR § 170.11 0(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR Part 170. 35. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION ACT OF 1970 The Contractor shall certify they have in effect and are following a Residential Antidisplacement and Relocation Assistance Plan (RARAP) and comply with the Section 104(d) and implementing regulation 24 CFR Part 42 for Federal or federally funded projects. 36. DOMESTIC PREFERENCE FOR PROCUREMENTS (Reference 2 CFR § 200.322) (a)As appropriate and to the extent consistent with law,the non-Federal entity should,to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all FPC-25 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. FPC-26 $ 6Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS STATE AND FEDERAL STATUTES AND REGULATIONS By signature of this Agreement, the contractor hereby certifies that it will comply with the following (as applicable)federal and state requirements: 1. Community Development Block Grant Disaster 33. The Wildlife Coordination Act of 1958, as amended; 2. Recovery Emergency Rule 9BER09-2; The Solid Waste Noise Abatement and Control:Departmental Policy Disposal Act,as amended by the Resource Conservation Implementation,Responsibilities, and Standards, 24 and Recovery Act of 1975 (42 U.S.C.,s.6901 et.seq.); C.F.R.Part 51,Subpart B; 3. Florida Small and Minority Business Act, s.288.702- 34. Flood Disaster Protection Act of 1973,P.L 92-234; 288.714, F.S.; 35. Protection of Historic and Cultural Properties under HUD 4. Florida Coastal Zone Protection Act,s. 161.52- 161.58, Programs,24 C.F.R.Part 59; F.S.; 36. Coastal Zone Management Act of 1972,P.L 5. Local Government Comprehensive Planning and Land 92-583; Development Regulation Act,Ch. 163,F.S.; 37. Architectural and Construction Standards; 6. Title I of the Housing and Community Development 38. Architectural Barriers Act of 1968,42 U.S.C.4151; 7. Act of 1974,as amended 39. Executive Order 11296,relating to evaluation of flood 8. Treasury Circular 1075 regarding drawdown of CDBG hazards; funds. 40. Executive Order 11288. relating to prevention,control 9. Sections 290.0401-290.049,F.S.; and abatement of water pollution; 10. Rule Chapter 9B-43,Fla.Admin. Code.; 10. Department 41. Cost-Effective Energy Conservation Standards,24 of Community Affairs Technical Memorandums; C.P.R.Part 39; 11. HUD Circular Memorandums applicable to the Small 42. Section 8 Existing Housing Quality Standards, 24 C.F.R. Cities CDBG Program; Part 882; 12. Single Audit Act of 1984; 43. Coastal Barrier Resource Act of 1982; 13. National Environmental Policy Act of 1969 and other 44. Federal Fair Labor Standards Act,29 U.S.C.,s.201 et. provisions of law which further the purpose of this Act; seq.; 14. National Historic Preservation Act of 1966(Public Law89- 45. Title VI of the Civil Rights Act of 1964 Non 665)as amended and Protection of Historic Properties discrimination; (24C.F.R.Part 800); 46. Title VII of the Civil Rights Act of 1968 Non- 15. Preservation of Archaeological and Historical Data Act of discrimination in housing; 1966; 47. Age Discrimination Act of 1975; 16. Executive Order 11593 - Protection and Enhancement of 48. Executive Order 12892-Fair Housing Cultural Environment; 49. Section 109 of the Housing and Community 17. Reservoir Salvage Act; Development Act of 1974,Non-discrimination; 18. Safe Drinking Water Act of 1974,as amended; 50. Section 504 of the Rehabilitation Act of 1973 and 24 19. Endangered Species Act of 1958,as amended; C.F.R. Part 8; 20. Executive Order 12898 -Environmental Justice 51. Executive Order 11063 -Equal Opportunity in Housing; 21. Executive Order 11988 and 24 C.F.R. Part 55-Floodplain 52. Executive Order 11246-Nondiscrimination; Management; 53. Section 3 of the Housing and Urban Development Act 22. The Federal Water Pollution Control Act of 1972,as of 1968,as amended-Employment Training of Lower amended(33 U.S.C.,s. 1251 et. seq.); Income Residents and Local Business Contracting; 23. Executive Order 11990-Protection of Wetlands; 54. Uniform Relocation Assistance and Real Property 24. Coastal Zone Management Act of 1968,as amended; Acquisition Policies Act of 1970,P.L., 100-17, and 25. Wild and Scenic Rivers Act of 1968,as amended; 49 C.F.R.Part 24; 26. Clean Air Act of 1977; 55. Copeland Anti-Kickback Act of 1934;Hatch Act; 27. HUD Environmental Standards(24 C.F.R. Part 58); 56. Title N Lead-Based Paint Poisoning Prevention Act(42 28. Farmland Protection Policy Act of 1981; U.S.C.,s. 1251 et. seq.); 29. Clean Water Act of 1977; 57. OMB 2 CFR Part 200 30. Davis-Bacon Wage Rate Act; 58. Administrative Requirements for Grants,24 C.F.R.Part 31. Contract Work Hours and Safety Standards Act of 1962,40 85; 59. Section 02 of the Department of Housing and U.S.C. s. 327 et. seq; Urban Development Reform Act of 1989 and 24 C.F.R. 32. Florida Statute 287.134,Discriminatory Vendors List Part 12. FPC- 27 „� 16Al " EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS SECTION 3 REQUIREMENTS What is Section 3? Section 3 is a provision of the Housing and Urban Development(HUD)Act of 1968 that helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency. The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low-or very-low income residents in connection with projects and activities in their neighborhoods. How does Section 3 promote self-sufficiency? Section 3 is a starting point to obtain job training, employment and contracting opportunities. From this integral foundation coupled with other resources comes the opportunity for economic advancement and self- sufficiency. • Federal, state and local programs • Advocacy groups • Community and faith-based organizations How does Section 3 promote homeownership? Section 3 is a starting point to homeownership. Once a Section 3 resident has obtained employment or contracting opportunities they have begun the first step to self-sufficiency. Remember, "It doesn't have to be fields of dreams". Homeownership is achievable. For more information visit our HUD website. Who are Section 3 residents? Section 3 residents are: • Public housing residents or • Persons who live in the area where a HUD-assisted project is located and who have a household income that falls below HUD's income limits as provided below. SECTION 3 INCOME LIMITS (FY 2021 Income Limits from www.huduser.gov) All residents of public housing developments and those participating on the Section 8 program qualify as Section 3 residents.Additionally,individuals residing in Collier County who meet the income limits set forth below also qualify for Section 3 status. A picture identification and proof of current residency is required. Eligibility Guidelines Number in Household Very low-income(50%) Low income(80%) 1 person $29,550 $47,250 2 person $33,750 $54,000 3 person $37,950 $60,750 4 person $42,150 $67,450 5 person $45,550 $72,850 6 person $48,900 $78,250 7 person $52,300 $83,650 8 person $55,650 $89,050 Determining Income Levels • Low income is defined as 80% or below the median income of that area. • Very low income is defined as 50% or below the median income of that area. What is a Section 3 business concern? A business that: • Is 51 percent or more owned by Section 3 residents; • Employs Section 3 residents for at least 30 percent of its full-time, permanent staff; or • Provides evidence of a commitment to subcontract to Section 3 business concerns, 25 percent or more of the dollar amount of the awarded contract. FPC-28 \C40 16Al2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS What programs are covered? Section 3 applies to HUD-funded Public and Indian Housing assistance for development, operating, and modernization expenditures. Section 3 also applies to certain HUD-funded Housing and Community Development projects that complete housing rehabilitation, housing construction, and other public construction. What types of economic opportunities are available under Section 3? • Job training • Employment • Contracts Any employment resulting from these expenditures, including administration, management, clerical support, and construction, is subject to compliance with Section 3. Examples of Opportunities include but not limited to the list identified: •Accounting • Iron Works •Architecture • Janitorial •Appliance repair • Landscaping • Bookkeeping • Machine Operation • Bricklaying • Manufacturing • Carpentry • Marketing • Carpet Installation • Painting • Catering • Payroll Photography • Cement/Masonry • Plastering • Computer/Information • Plumbing • Demolition • Printing Purchasing • Drywall • Research • Elevator Construction • Surveying • Engineering • Tile setting • Fencing • Transportation • Florists • Word processing • Heating FPC- 29 16Al2 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS Who will award the economic opportunities? Recipients of HUD financial assistance will award the economic opportunities. They and their contractors and subcontractors are required to provide, to the greatest extent feasible, economic opportunities consistent with existing Federal, State, and local laws and regulations. Who receives priority under Section 3? For training and employment: • Persons in public and assisted housing • Persons in the area where the HUD financial assistance is spent • Participants in HUD Youthbuild programs • Homeless persons For contracting: Businesses that meet the definition of a Section 3 business concern How can businesses find Section 3 residents to work for them? Businesses can recruit Section 3 residents in public housing developments and in the neighborhoods where the HUD assistance is being spent. Effective ways of informing residents about available training and job opportunities are: • Contacting resident organizations, local community development and employment agencies • Distributing flyers • Posting signs • Placing ads in local newspapers Are recipients, contractors, and subcontractors required to provide long- term employment opportunities, not simply seasonal or temporary employment? Recipients are required, to the greatest extent feasible, to provide all types of employment opportunities to low and very low-income persons, including permanent employment and long-term jobs. Recipients and contractors are encouraged to have Section 3 residents make up at least 30 percent of their permanent, full-time staff. A Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the 30 percent requirement. This encourages recipients to continue hiring Section 3 residents when employment opportunities are available. What if it appears an entity is not complying with Section 3? There is a complaint process. Section 3 residents, businesses, or a representative for either may file a complaint if it seems a recipient is violating Section 3 requirements are being on a HUD-funded project. Will HUD require compliance? Yes. HUD monitors the performance of contractors, reviews annual reports from recipients, and investigates complaints. HUD also examines employment and contract records for evidence that recipients are training and employing Section 3 residents and awarding contracts to Section 3 businesses. How can Section 3 residents or Section 3 business concerns allege Section 3 violations? You can file a written complaint with either the regional or local offices below. ATLANTA REGIONAL OFFICE U.S. Department of Housing and Urban Development Southeast Office 40 Marietta Street Atlanta, GA 30303 (404) 331-5140 (800)440-8091 Fax: (404) 331-1021 Email: complaints office 04Chud.gov FCP-30 16Al2 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS LOCAL HUD FIELD OFFICE Public Housing and Community Development; 701 NW 1st Court, 16th Floor; Miami, FL 33136 Section3@miamidade.gov A written complaint should contain: • Name and address of the person filing the complaint • Name and address of subject of complaint (HUD recipient, contractor or subcontractor) • Description of acts or omissions in alleged violation of Section 3 • Statement of corrective action sought i.e. training, employment or contracts Additional information may be found at HUD's Section 3 website http://portal.hud.qov/hudportal/HUD?src=/program offices/fair housing equal opp/section3/section3 FCP-31 16Ai2 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS DAVIS BACON ACT IS APPLICABLE X YES I INO FCP-32 1 6 A 1 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS DOL WAGE RATE DECISION See following pages for this document. DOL WAGE RATE DECISION "General Decision Number: FL20210163 01/01/2021 Superseded General Decision Number: FL20200163 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. FCP-33 i6Ai2 EXHIBIT I FEDERAL CONTRACT PROVISIONS Modification Number Publication Date 0 01/01/2021 * S0FL2013-024 08/19/2013 Rates Fringes CARPENTER, Includes Form Work $ 12.52 0.00 CEMENT MASON/CONCRETE FINISHER $ 12.98 0.00 ELECTRICIAN $ 21.92 6. 60 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 16.72 0.00 HIGHWAY/PARKING LOT STRIPING: Painter $ 12.13 0.00 IRONWORKER, ORNAMENTAL $ 13.48 0.00 IRONWORKER, REINFORCING $ 16.39 0.00 IRONWORKER, STRUCTURAL $ 16.42 0.00 LABORER (Traffic Control Specialist) $ 12 .05 1.95 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor $ 13.89 0.00 LABORER: Common or General $ 11.76 0.00 LABORER: Flagger $ 11.77 0.00 LABORER: Grade Checker $ 15.88 0.00 LABORER: Landscape & Irrigation $ 11 . 12 0.00 LABORER: Mason Tender - Cement/Concrete $ 12.93 0.00 LABORER: Pipelayer $ 13.63 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 16.55 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 12.88 0.00 OPERATOR: Broom/Sweeper $ 13. 69 0.00 FCP-34 1 6 Al2 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS OPERATOR: Bulldozer $ 18.01 0.00 OPERATOR: Concrete Finishing Machine $ 15.44 0.00 OPERATOR: Crane $ 21.69 0.00 OPERATOR: Curb Machine $ 19.67 0.00 OPERATOR: Drill $ 14 .78 0.00 OPERATOR: Forklift $ 12.58 0.00 OPERATOR: Gradall $ 14 .71 0.00 OPERATOR: Grader/Blade $ 20.34 0.00 OPERATOR: Loader $ 16.24 0.00 OPERATOR: Mechanic $ 17.86 0.00 OPERATOR: Milling Machine $ 17.23 0.00 OPERATOR: Oiler $ 17.31 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.82 0.00 OPERATOR: Piledriver $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) $ 19.35 0.00 OPERATOR: Roller $ 15.56 0.00 OPERATOR: Scraper $ 11.74 0.00 OPERATOR: Screed $ 16.67 0.00 OPERATOR: Trencher $ 16.07 0.66 PAINTER: Spray $ 16.38 0.00 TRUCK DRIVER: Dump Truck $ 14 .99 0.00 TRUCK DRIVER: Flatbed Truck $ 14 .13 0.00 TRUCK DRIVER: Lowboy Truck $ 18.00 0.00 TRUCK DRIVER: Slurry Truck $ 11.96 0.00 TRUCK DRIVER: Water Truck $ 14 .16 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. FCP-35 i6 Ili 12 EXHIBIT I FEDERAL CONTRACT PROVISIONS Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate FCP-36 16Al2 EXHIBIT I FEDERAL CONTRACT PROVISIONS changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 /13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests FCP-37 16Al2 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION IP FCP-38 "-e.N i C/4o t6Ai2 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE GCA-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions GCA-3 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions GCA-4 Conflict of Interest GCA-5 Anticipated DBE, M/WBE or VETERAN Participation Statement GCA-6 Bid Opportunity List for Commodities, Contractual Services or Professional Consultant Services GCA-7 Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j) GCA-8 Certification of Payments to Influence Federal Transactions GCA-9 Acknowledgement of Grant Terms and Conditions GCA- 1 l6Al2 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. David E. Torres Peters Ave. Sidewalk Project Name Project Name Manager 21-7906 Title Project Number Coastal Concrete Products, LLC dba Coastal Site Development 27-3688614 Firm Tax ID Number 7742 Alico Road Street Address DUNS Number Fort Myers, FL 33912 City, State, Zip 24 CFR 24.510 &24 CFR, Part 24, Appendix A GCA-2 16A1Z EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower ' r participant is unable to certify to the above statement, the prospective participant shall at ac a xpl ation to this form. • Name Local Government Mana er 27-3688614 Title Tax ID Number Coastal Concrete Products, LLC dba Coastal Site Development Firm DUNS Number 7742 Alico Road Street Address Fort Myers, FL 33912 City, State, Zip 07/20/2021 Date Coastal Concrete Products, LLC The undersigned dha Coastal Site Development (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, etseq.)] GCA-3 (C4C 16Ale EXHIBIT 1.6 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 21-7906 Collier County Solicitation No. I, David F. Torres , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later da a by the conduct of this matter. David E. Torres Name Signatur Manager 07/20/2021 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. GCA-4 16A1 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be.verified. UnverirFahle statuses will require the PRIME to either profade a repined statement or provide source documentation that salidates a status. A. PRIME; VENDOR/CONTRACTOR INFORMATION • PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT Coastal Concrete Products,LLC 27-366814 dba Coastal Site Development 15 THE PRI ME A NORIIDA-CETLTFIED DISADVANTAGED, ETERAN Y f N' G5 THE A.CTIVITN OF THI5 QONTRAGT._. MINOAtl,1r'e'OR'Vf01.tEN BUSINESS ENTERPRISE? DBE? Y ( CONSTRUICTION? T / RY t;0EE/1.IBEJ'VBE I OR HAVE A.SMALL DISADvANTA.GED BUSIINIE55t;A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y CONSULTATION? Y ADMINISTRATION? A SERVICE DISABLED VETERAN? WISE? Y OTHER? 'Y IV 51D6 BA.? Y tr, 15 THIS 5LJBr11551ON A REVISION? Y N HE YES REVT5ION NUMBER & IF OR ME HAS SU&ONTRACTOR OR SUPPIIEi1 WHO 1S A DISADVANTAGED MINORI7II"i} ,SMALL r I .r z a- J 5 It3tJSIl�SS CON10ERiY oft SERVICE DtsA�.EO VETERAN PRIME Is 7O COIY1�?LETE TtiFS' I �laGIiVE1tM • DBE MNJBE SUBCONTRACTOR.OR SUPPLIER TYPE OF WORK OR ETMNICrrY CODE SUIBISUPPLJER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See.Below] DOLLAR.AMOUNT DOLLARS TOTALS: 0.00 C. SECTION Tail COMPLETED'BY PRIME VENDOR/CONTRACrp it NAM F O� M R DATE TITLE FSUBMEFTER David E.Torres /// 07/20/2021 Manager EMAIL ADDR F R E{ TELEPHONE NUMBER FAX NUMBER. David©torrescompani .corn 239.208.4079 239.334.1399 NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts_The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. rf and when awarded a County contract,the prime will be asked to update the information for the grant compliance ides. et**Ml'fpN•'. Black American BA Hispanic American I-IA Native American NA 5ubcont.Asian American SAA Asiar►PacificAmerican APA Nan-Minority Women NMW Other:not of arty other group listed 0 D.SECTION TO RE'COMPLETED COUNTY DEPARTMENT NAME COWER CONTRACT a(IFB/RFP Cr PO/REQ} GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE GCA-5 16Al2 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES,CONTRACTUAL SERVICES OR PROFESSIONAL CONSULTANT SERVICES It Is the policy of Collier County that disadvantaged businesses and minority vendors,as defined in the Code of Federal Regulations(CFR)or Florida Statutes(FS),must have the opportunity to participate on contracts with federal and/or state grant assistance. Prime Contractor/Prime Consultant: Coastal Concrete Products,LLC dba Coastal Site Development Address and Phone Number: 7742 Alico Road,Fort Myers,FL 33912 239.208.4079 Procurement Number/Advertisement Number: 21-7906 The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above. The list must include the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1,2,3,and 4;and,should provide any information they have for Numbers 5,6,7,and 8. This form must be submitted with the bid package. 1. Federal Tax ID Number: 27-366814 6. DBE 8. Annual Gross Receipts 2. Firm Name: Coastal Concrete Products,LLC Non DBE Less than$1 million Qua Coastal Site Development 3. Phone Number: 239.208.4079 Between$1-5 million 4. Address 7742 Alico Road,Fort Myers,FL 33912 Between$5-10 million 7.BSubcontractor Between$10-15 million Subconsultant More than$15 million XX Prime 5. Year Firm Established: 2010 1. Federal Tax ID Number: 6.E1 DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than$1 million 3. Phone Number: Between$1-5 million 4. Address Between$5-10 million El7, Subcontractor Between$10-15 million Subconsultant More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6.a DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than$1 million 3. Phone Number: Between$1-5 million 4. Address Between$5-10 million 7.aSubcontractor Between$10-15 million Subconsultant More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6.8 DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than$1 million 3. Phone Number: Between$1-5 million 4. Address Between$5-10 million 7. Subcontractor Between$10-15 million Subconsultant More than$15 million 5. Year Firm Established: GCA-6 16rAl2 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j) In accordance with the First Amendment of the United States Constitution "church/state principles," Community Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the following: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference to persons on the basis of religion. 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this agreement shall contain no sectarian or religious symbols or decorations; and 5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility, which is owned by the provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services located in a structure used exclusively for non-religious purposes and constitute in dollar terms, only a minor portion of the CDBG/NSP expenditure for the public services. I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of my organization's project depends upon compliance with the requirements contained in this agreement. Coastal Concrete Products, LLC dba Coastal Site Developme t (Company) 07/20/2021 (Signature) (Date) David E. Torres- Manager (Print Name) GCA-7 16Ai2 EXHIBIT 1.6 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification of Payments to Influence Federal Transactions HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) David E. Torres Manager Name of Authorized Official Title 07/20/2021 Signature / Date GCA-8 1 6 A 1 2 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Coastal Concrete Products, LLC Vendor/Contractor Name dba Coastal Site Development Date 07/20/2021 Authorized Signature David E. Torres-Manager Address 7742 Alico Road, Fort M rs, FL 33912 Solicitation/Contract# 21-7906 02/15 R3 GCA-9 v-- (c Client#:67237 COACO6 ACORD.., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 11/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Stephanie Roberts Acrisure dba Gulfshore Ins SWF PHONE FAX (A/c,No.Eat):239 430-7547 (NC, 239 213-2803 4100 Goodlette Road N ADDRRESS: sroberts@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 American Zurich Insurance Company INSURER A: p y 40142 INSURED INSURER B:American Guarantee&Liability Ins Co 26247 Coastal Concrete Products LLC • Markel American Insurance Company28932 7742 Alico Rd INSURER c: INSURER D:Zurich American Insurance Company Fort Myers, FL 33912-6021 INSURER E:Evanston Insurance Company INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBIi~- - POLICY EFF i POLICY EXP LIMITS IN$R-WVQ' POLICY NUMBER MMIDDIYYYY)I(MMIDDIYYYY) A ±COMMERCIAL GENERAL LIABILITY X X t GLO743477702 11/1712021111/17/20 EACHE OCCURRENCE _s2,000,000 CLAIMS-MADE X)OCCUR I f-REMISES(Ea occurrrences __§300,000 X. PD Ded:2,000 I MED EXP(Any one person) _$10,000 ____I I PERSONAL&ADV INJURY s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _$4,000,000 - POLICY,1 X JE PRCT [ _I LOC PRODUCTS-COMP:OP AGG _§4,000,000 OTHER: - $ D AUTOMOBILE LIABILITY • X ' X 1 BAP743477802 11/17/2021 11/17/202 (0 aecidentJ INGLE LIMIT $1,000,000 Xl ANY AUTO BODILY INJURY(Per person) S OWNED . ' SCHEDULED - _ AUTOS ONLY _ AUTOS I BODILY INJURY(Per accident) S X AUTOS ONLY X NON-OWNED -PROPERTY DAMAGE AUTOS ONLY !Per accident] S S B X UMBRELLA LIAB X ,OCCUR AUC757740402 11/17/2021 11/17/2022 EACH OCCURRENCE s4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s4,000,000 (DED i X RETENTION SO _ _ I S B WORKERS COMPENSATION X WC675866500 1/17/2021111/17/2022 X ISTA ? OTH- AND EMPLOYERS'LIABILITY Y/N - SIA.TSITE i lER ANY PROPRIETOR/PARTNERIEXECUTIVEI ! E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? I y: N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S1,000,000 If yes,describe under - DESCRIPTION OF OPERATIONS below - _ _ -_ E.L.DISEASE-POLICY LIMIT $1,000,000 C Leased/Rented MKLM3IM0052797 1/17/2021 11/17/2022 $1,964,658 Limit E Pollution I ECPENV03021 15/26/2021105/26/2022 $1,000,000 Limit Liablity I DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached if more space is required) Bid#21-7906 Peters Ave Sidewalk Project Collier County Government,are listed as Additional Insured on a primary and noncontributory basis with regards to General Liability only as required by written contract per form UGL1175FCW 0413, includes ongoing and completed operations,Waiver of Subrogation in favor of Additional Insured(s) per form UGL925BCW 1201.Additional Insured in regards to Auto Liability only as required by written contract per (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E -Naples, FL 34113 AUTHORIZED REPRESENTATIVE _ }, O 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1744214/M1744068 SAR20 16Al2 DESCRIPTIONS (Continued from Page 1) form CA2001 1013.Waiver of Subrogation regards to Auto Liability per form CA0444 1013.Waiver of Subrogation in regards to Workers Compensation only as required by written contract per form WC000313 0484. Umbrella Follows Form. 30 Days Notice of Cancellation Except 10 for Nonpayment. SAGITTA 25.3(2016/03) 2 of 2 #S17442141M1744068