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Agenda 02/28/2023 Item #16C 3 (Contract #22-8018 for the Collier County Jail Fire Alarm Replacement)16.C.3 02/28/2023 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 22-8018, "Collier County Jail Fire Alarm Replacement" project, to National Security Fire Alarm Systems, LLC, in the amount of $1,671,000, authorize the Chairman to sign the attached agreement, and authorize the necessary budget amendment. OBJECTIVE: To procure professional construction services for the replacement of the fire alarm systems at the Collier County Main Campus Jail Facilities, Buildings J1, J2, J3, and PG1. CONSIDERATIONS: The original Collier County Jail (J1) was constructed at the Main Campus Government Center in 1985. In 2000, the Jail Administration Wing (J2) was added on to the existing J1 structure to meet the growing needs of the Collier County Sheriff's Department. The most recent expansion, the "new Jail" (J3) and parking garage (PG1) was constructed in 2005. Through the various expansions and remodeling, the existing proprietary Johnson Controls Fire Alarm System has become fragmented and non -compliant with current Fire Codes. The Division of Facilities Management is responsible for the maintenance, repair, capital replacement, and construction of County -owned buildings and facilities. After consultation with the Greater Naples Fire District, it was determined that a full Fire Alarm System replacement is required. The proposed replacement system will incorporate state of the art non-proprietary devices, sensors, and annunciator panels and bring the structures into current Fire Code compliance. The project will require phasing and sequencing of work while transitioning from the existing system to the new system to maintain the operation of the Jail facilities in its normal course of business. On August 10, 2022, the Procurement Services Division issued ITB No. 22-8018 for the "Collier County Jail Fire Alarm Replacement." The County received four bids by the September 20, 2022 deadline, as summarized below. RESPONDENTS: Company Name City County State Total Bid Responsive/ Responsible National Security Fire Alarm Naples Collier FL $1,671,000 Yes/Yes Systems, LLC Midwest Alarm Company, Inc. Tampa Hillsborough FL $1,688,650 Yes/Yes dba BCI Integrated Solutions Honeywell International, Inc. Clearwater Pinellas FL $1,915,883 Yes/Yes All Digital Acquisition, LLC. dba Fort Myers Lee FL $1,927,000 Yes/Yes All Digital Technology Staff and Victor Latavish Architect, PA reviewed the bids received and determined National Security Fire Alarm System, LLC ("National Security") is the lowest ,responsive, and responsible bidder in the amount of $1,671,000, which is approximately twelve percent less than the project's Opinion of Probable Construction Cost amount of $1,877,450. National Security has been doing business in Florida since 2015 and has its main office in Naples, Florida. National Security has previously done business with Collier County, most recently in 2021 when it completed security upgrades for the Collier County Sheriffs Office. Therefore, staff recommends that the agreement be awarded to National Security Fire Alarms Systems, LLC, for the total contract amount of $1,671,000. The quoted amount incorporates an Owner's Allowance of $100,000 for unanticipated costs including, but not limited to, unforeseen site conditions that would be encountered during construction. Use of the allowance will be billed on a time and material basis, only as directed by the County, and subject to providing proper documentation of time and materials involved with any work performed under the allowance. FISCAL IMPACT: Funding in the amount of $1,671,000 is available in the Infrastructure Sales Tax Fund (318), under the J1/J2/J3/PG1 Fire Alarm Replacement Project No. 50237. Packet Pg. 697 16.C.3 02/28/2023 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: That the Board award ITB No. 22-8018, "Collier County Jail Fire Alarm Replacement" project to National Security Fire Alarms Systems, LLC, in the amount of $1,671,000, authorize the Chairman to sign the attached agreement, and authorize the necessary budget amendment. Prepared by: John McCormick, P.E., Interim Director, Facilities Management Division ATTACHMENT(S) 1.22-8018 Bid Tabulation (PDF) 2.22-8018 COI NationaSecurity (PDF) 3.22-8018 DELORA (PDF) 4.22-8018 NORA (PDF) 5. [Linked] 22-8018 Contract NationalSecurity_VendorSigned with_Bonds (PDF) 6.22-8018 - Solicitation (PDF) Packet Pg. 698 16.C.3 02/28/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doe ID: 23994 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 22-8018, "Collier County Jail Fire Alarm Replacement" project, to National Security Fire Alarm Systems, LLC, in the amount of $1,671,000, authorize the Chairman to sign the attached agreement, and authorize the necessary budget amendment. Meeting Date: 02/28/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 11/28/2022 3:30 PM Submitted by: Title: — Facilities Management Name: John McCormick 11/28/2022 3:30 PM Approved By: Review: Facilities Management Drew Cody Manager - Real Property Procurement Services Drew Cody Additional Reviewer Procurement Services Drew Cody Level 1 Purchasing Gatekeeper Procurement Services Sandra Herrera Additional Reviewer Facilities Management Tim Rygiel Additional Reviewer Facilities Management John McCormick Director - Facilities Procurement Services Sue Zimmerman Additional Reviewer Public Utilities Operations Support AmiaMarie Curry PUD Department Review Public Utilities Department Drew Cody Level 1 Division Reviewer County Attorney's Office Scott Teach Level 2 Attorney Review Public Utilities Department George Yilmaz Level 2 Division Administrator Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Ed Finn CMO Completed County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Skipped 11/28/2022 3:31 PM Skipped 11/28/2022 3:31 PM Skipped 11/28/2022 3:31 PM Completed 12/11/2022 4:48 PM Completed 12/12/2022 10:16 AM Completed 12/13/2022 4:36 PM Completed 12/13/2022 9:52 PM Completed 12/20/2022 4:17 PM Completed 12/21/2022 12:56 PM Completed 12/21/2022 2:43 PM Completed 12/27/2022 10:02 AM Completed 12/27/2022 10:38 AM Completed 12/28/2022 8:58 AM Completed 12/28/2022 1:32 PM 02/02/2023 6:09 PM Completed 02/21/2023 12:29 PM 02/28/2023 9:00 AM Packet Pg. 699 Procurement Strategist: Kristofer Lopez Project Manager: Timothy Rygiel Bid Due: September 20, 2022 BID TABULATION 22-8018 COLLIER COUNTY JAIL FIRE ALARM REPLACEMENT BID SCHEDULE Bid 22-8018 Collier Count) National Security Alarm Systems, I 1 GENERAL CONDITIONS LS $ 165,0C 2 BUILDING J-1 FIRE ALARM SYSTEM REPLACEMENT LS $ 441,5C 3 BUILDING J-2 FIRE ALARM SYSTEM REPLACEMENT LS $ 296,5( 4 BUILDING J-3 FIRE ALARM SYSTEM REPLACEMENT LS $ 496,0C 4 BUILDING PG-1 FIRE ALARM SYSTEM REPLACEMENT LS $ 172,OC 5 OWNERS ALLOWANCE T&M $ 100,0( TOTAL LUMP SUM BID $ 1,671,0( *Owners Allowance is accomplish work due part of the Contract Pi Allowance. Expenditu Time and Materials su Vendor Checklist Bid Schedule Form 1: Bid Response Form Form 2: Contractor Key Personnel Form 3: Material Manufacturers Form 4: List of Major Manufacturers Form 5: Statement of Experience of Bidder Form 6: Trench Safety Act Form 7: Bid Bond Form 8: Insurance and Bonding Requirements Form 9: Conflict of Interest Affidavit Form 10: Vendor declaration Statement Form 11: Immigration Affidavit Certification Form 12: Bidder's Checklist E-Verify Profile Page or MOU SunBiz Copy of Active Applicable License Local Business Tax Receipt W-9 Addendums Yes/No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes *No Yes Yes Yes Yes Yes Yes *Minor Irregul Opened by: Kristofer Lopez Witnessed by: Matt Catoe I 16.C.3.b I A� o CERTIFICATE OF LIABILITY INSURANCE I DATE (III 11 /16/2022 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alan Finkelman NAME: The Egis Group aCC Ext : (401) 274-0303 AIX No): (401) 273-2560 120 Lavan St E-MAIL alanfinkelman@egisgroup.com ennoFcc INSURER(S) AFFORDING COVERAGE NAIC # Warwick RI 02888 INSURERA: Philadelphia Insurance Company 23850 INSURED INSURER B : Argonaut Insurance Company National Security Fire Alarm Systems LLC INSURER C : 13245 Tamiami Trail East INSURER D : INSURER E : Naples FL 34114 INSURER F : COVERAGES CERTIFICATE NUMBER: CL2210308535 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 LTR TYPE OF INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE �X OCCUR DAMAGE TO PREM SES Ea oNcE ante $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 A Y PHPK2411349 05/07/2022 05/07/2023 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X JECT LOC PRODUCTS-COMP/OPAGG $POLICY❑PRO 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO A �/ X OWNED SCHEDULED AUTOS ONLY AUTOS PHPK2411345 05/07/2022 05/07/2023 BODILY INJURY (Per accident) $ I PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 1 $ E X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LAB CLAIMS -MADE PHUB813680 05/07/2022 05/07/2023 DED I X1 RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A WC 928918433154 10/01/2022 10/01/2023 SPER TATUTE EORH- X1 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE:BID #22-8018 COLLIER COUNTY JAIL FIRE ALARM REPLACEMENT REGARDING THE ABOVE GENERAL LIABILITY POLICY, ADDITIONAL INSURED STATUS FOR COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IS PROVIDED ON A PRIMARY NON-CONTRIBUTORY BASIS SUBJECT TO THE TERMS & CONDITIONS OF FORM #'S PI-GLD-SG(01-14) & PI-SGO10(02-09) ATTACHED AS REQUIRED BY WRITTEN & SIGNED CONTRACT CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAM IAMI TRAIL EAST NAPLES FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE a+ 3 Ii d IC C O R Z _I 0 U 00 O O N N a W E t v M @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 701 16.C.3.b PI-GLD-SG (01/14) (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. d. Lessors of Leased Equipment — Automatic Status When Required in Lease Agreement With You —Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. e. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance Blanket Additional Insureds by Contract — Any person or organization for whom you bf u are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Page 4 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 702 PI-SG-010 (02/09) 16.C.3.b THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Client(s) Type of Service Blanket where required by written contract Any/A11 Services Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Item 4. Other Insurance b. Excess Insurance is deleted as respects: 1. Any contract for security or investigative operations; or 2. Operations from the type of service listed for the client shown in the endorsement SCHEDULE. Page 1 of 1 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 703 16.C.3.c Victor J. Latavish Architect, PA Collier County Procurement Services Kristopher Lopez, Procurement Strategist 3295 Tamiami Trail East Naples, FL 34112-5361 October 22, 2022 RE: Solicitation No 22-8018 Collier County Jail Fire Alarm Replacement Dear Mr. Lopez, Bids for the above -referenced project were received by Collier County on September 20, 2022. Victor J. Latavish, Architect PA is the Architect of Record. We have completed our review of the bid submitted by the lowest bidder for this project, and forward the following information. The scope of the project includes replacing the fire alarm systems in the Collier County Sheriff's Office buildings J-1, J-2, J-3, and PG-1. Collier County Procurement's review of the bid tabulations determined that the apparent low bidder is National Security Fire Alarm Systems with a bid of $1,671,000.00. We were provided with the bid Schedule for National Security Fire Alarm Systems, and their bid is approximately 12% lower than our Architect's Opinion of Probable Construction Cost (OPC) of $1,877,450.00. The project references provided by National Security Fire Alarm Systems were all contacted, and most responded. Completed Vendor Reference Forms are attached hereto. We determined the favorable references contain sufficient experience to demonstrate the required successful experience to complete the project. National Security Fire Alarm Systems LLC has been authorized to transact business in the State of Florida under limited liability corporation number L15000046533 since March 3, 2015. National Security Fire Alarm Systems is registered with the Florida Department of Business and Professional Regulation as a Licensed Electrical and Fire Alarm Contractor, license EF20001718. The company has worked for CCSO, Facilities Management, and for various clients in Naples and Marco Island. Based on performance reviews documented on attached Collier County Vendor Reference Logs, their Travelers Casualty & Surety Bond, and an active Florida Certified Alarm Systems Contractors license valid through 8/31/2024, it appears this firm is well qualified to complete this project. Feel free to contact our office or National Security Fire Alarm Systems if you have any questions. Sincerely, Victor J Latavish, AIA 300 Fifth Avenue South, Suite 221, Naples, Florida 34102 Member of the American Institute of Architects Florida Registered Architect AR 11942 Telephone 239.643.1665 Packet Pg. 704 16.C.3.c 4Z;O leY c014Hty Administrative Services Departrnent Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8018 Reference Check by: Victor J Latavish, AIA Solicitation Title: Collier County Jail Fire Alarm Replace Date: 10-12-22 Bidder's Name: National Security Fire Alarm Systems Phone: 239-643-1665 Design Entity: Victor J. Latavish, Architect PA REFERENCED PROJECT: m Project Name: Max Hasse Community Park Project Location: Naples, FL F_ Project Description: Fire Alarm Replacement 1 pm 0 Completion Date: 10/2021 Contract Value: 20,000 c 0 Project Owner/Title: Collier County Government c Owner's Address: Naples, FL Phone: 239-252-7325 T L is Ryan.Dawson@collier a Owner's Contact Person: Ryan Dawson E-Mail: countyfl.gov o� o� M N 1. Was project completed timely and within budget? (If not, provide detail) ` O Yes J w 0 00 r 0 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) C? N N Yes C E z c� 3. Was the construction process performed satisfactorily? (If not, provide detail) Q Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 1 Packet Pg. 705 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) 16.C.3.c Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No issues Additional comments: National Security Fire Alarm Systems has completed a few fire alarm replacement projects for the county. They met the counties and my expectations each time from start to finish. `r° 0 0 N N Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 1 Packet Pg. 706 16.C.3.c CiOY 4C,014Hty Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8018 Solicitation Title: Collier County Jail Fire Alarm Replace Bidder's Name: National Security Fire Alarm Systems Design Entity: Victor J. Latavish, Architect PA REFERENCED PROJECT: Project Name: Project Description: Completion Date: Project Owner/Title: Owner's Address: Reference Check by: Tyler Thorp Date: 27 Sept 2022 Phone: 239-643-1665 Collier County Sheriff's Office I Project Location: I CCSO — Special Operations Wiring & Security upgrades Sept. 2021 Contract Value Collier County — Facilities Management 3319 Tamiami Trail East, Naples Phone: Owner's Contact Person: John Lambley E-Mail 1. Was project completed timely and within budget? (If not, provide detail) Yes $465,000. 239-252-9009 John. Lam bley@col I iersheriff.or g 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, no changes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes J W 00 0 N N c m E z v ca Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 707 16.C.3.c 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: Outstanding quality and workmanship 0 0 N N Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 708 16.C.3.c CiOY 4C,014Hty Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8018 Solicitation Title: Collier County Jail Fire Alarm Replace Bidder's Name: National Security Fire Alarm Systems Design Entity: Victor J. Latavish, Architect PA REFERENCED PROJECT: Project Name: Project Description: Completion Date: Project Owner/Title: Owner's Address: Reference Check by: Tyler Thorp Date: 27 Sept 2022 Phone: 239-643-1665 Collier County Sheriff's Office I Project Location: Wiring, Electrical & Security upgrades Sept. 2021 Contract Value: Collier County — Facilities Management 3319 Tamiami Trail East, Naples Phone: Owner's Contact Person: John Lambley E-Mail 1. Was project completed timely and within budget? (If not, provide detail) Yes CCSO — Bldg J $890,000. 239-252-9009 John. Lam bley@col I iersheriff.or g 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes. No changes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes J W 00 0 N N c m E z v ca Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 709 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? 16.C.3.c Yes, control board. Responded and replaced within two hours. 7. Additional comments: Professional and outstanding workmanship 0 0 N N Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 710 16.C.3.c CiOY 4C,014Hty Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8018 Solicitation Title: Collier County Jail Fire Alarm Replace Bidder's Name: National Security Fire Alarm Systems Design Entity: Victor J. Latavish, Architect PA REFERENCED PROJECT: Project Name: Project Description: Completion Date: Project Owner/Title: Owner's Address: Reference Check by: Tyler Thorp Date: 27 Sept 2022 Phone: 239-643-1665 Collier County Sheriff's Office Project Location: 911 Center Wiring, Electrical upgrades August 2022 Contract Value: Collier County — Facilities Management 3319 Tamiami Trail East, Naples I Phone: Owner's Contact Person: John Lambley E-Mail: 1. Was project completed timely and within budget? (If not, provide detail) CCSO — Emergency Services Cen $550,000. 239-252-9009 John.Lambley@colliersheriff.or g Yes 9 O J 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) o 00 r 0 Yes C? N N 3. Was the construction process performed satisfactorily? (If not, provide detail) E z Yes Q 4. Did the process run smoothly? Were there any changes? Describe below. Yes. No changes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 711 16.C.3.c 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: Outstanding Job! 0 0 N N Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 712 16.C.3.c 4Z;O leY c014Hty Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8018 Reference Check by: Tyler Thorp Solicitation Title: Collier County Jail Fire Alarm Replace Date: 27 Sept 2022 Bidder's Name: National Security Fire Alarm Systems Phone: 239-643-1665 Design Entity: Victor J. Latavish, Architect PA REFERENCED PROJECT: Project Name: Pawtucket School Dept —Phase 1 Project Description: Wiring & Security upgrades Completion Date: February 2022 Project Owner/Title: Maron Construction Owner's Address: 180 Buttonhole Dr Providence RI Owner's Contact Person: Tom Maron Project Location: I Pawtucket School Dept Contract Value: $2,300,000. Phone: 401-272-4930 E-Mail: tmaron@mccri.com 1. Was project completed timely and within budget? (If not, provide detail) yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) yes 3. Was the construction process performed satisfactorily? (If not, provide detail) yes 4. Did the process run smoothly? Were there any changes? Describe below. yes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) yes J w 0 00 r 0 N N C m E z c� Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 713 16.C.3.c 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: They are a cooperative and professional contractor 0 0 N N Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 714 16.C.3.c Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8018 Solicitation Title: Collier County Jail Fire Alarm Replace Bidder's Name: National Security Fire Alarm Systems Design Entity: Victor J. Latavish, Architect PA REFERENCED PROJECT: Reference Check by: Tyler Thorp Date: 27 Sept 2022 Phone: 239-643-1665 Project Name: Pawtucket School Dept —Phase 2 Project Location: Pawtucket School Dept Project Description: Wiring & Security upgrades Completion Date: June 2021 Contract Value: $2,500,000. Project Owner/Title: Ahlborg Construction Owner's Address: 355 Centerville Road, Warwick, RI Phone: 401-681-4949 Owner's Contact Person: Glenn Ahlborg E-Mail: gahlborg@ahlborg.com 1. Was project completed timely and within budget? (If not, provide detail) 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) 3. Was the construction process performed satisfactorily? (If not, provide detail) 4. Did the process run smoothly? Were there any changes? Describe below. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) J W 00 r 0 N N C 0 E t V Q Packet Pg. 715 16.C.3.c Minor issues. Yes and very responsive. 7. Additional comments: This company is very professional and reliable. A pleasure to work with. Glenn R. Ahlborg, Vice President 0 0 N N Packet Pg. 716 16.C.3.c From: Ray Banker mrmonfar@gmail.com Subject: Re: 645 - National Security Fire Alarm Systems- reference check- Vista Del Sol Date: October 13, 2022 at 10:02 AM To: Victor Latavish Victor@latavish.com I am President of Vista Del Sol Condo Association (VDS). Our original system was installed by the Developer in 1999. The system was obsolete and parts were no longer available. We received several quotes from vendors that claimed we had to install a system that was up to the new building code which included high frequency sounders in all 24 units. These quotes were in the $75,000 to $80,000 range. National Security ( NSF) took the position that local fire officials were misinterpreting the NFPA regulations concerning existing buildings VS new buildings. NSF were in contact with the NFPA individual who wrote the regulation in question and were confident of their position. They quoted us $32,000 to replace all of the components of our system except for the horns within the condo units. It was felt that the existing horns were adequate. The Marco Fire Chief eventually agreed with NSF on new VS old buildings. The Marco Fire Chief also did not require installation of high frequency sounders but insisted that we replace all the horns within the units with conventional new horns which had higher DB ratings than the old horns. This increased the cost of conventional horns was $18,000 bringing our total cost to $50,000. NSF met the original budget of $32,000 but the additional $18,000 was an add on c required by the Marco Island Fire Marshall. However, NSF was able to save us a considerable amount VS the initial quotes that required us to meet current codes for new buildings. NSF was tenacious in negotiating with the Marco Fire N Chief. 0 Installation of the system throughout the building went smoothly and we received approval of our Permit/ System from Z Marco Island in 2021. System has performed well and service/required inspections have been performed without problems. Service staff are knowledgeable, friendly and responsive. m We are very pleased with our relationship with NSF. I hope this answers all your questions. Ray Banker On Wed, Oct 12, 2022 at 2:07 PM Victor Latavish <Victor@latavish.com> wrote: Good Afternoon Sir, National Security Fire Alarm Systems has listed you as a reference for a new Fire Alarm System project for Collier County Government, and Collier County Procurement has required we check their references with the attached standard reference form for each reference. We request you please complete this form and return it us by email at your earliest convenience. If you are unsure please answer `unknown' or if the question is not applicable, please answer 'N/A'. Thank you, VICTOR J. LATAVISH ARCHITECT, PA 300 Fifth Avenue South, Suite 221 Naples, Florida 34102 239-643-1665 Office 239-398-8787 Mobile Member of the American Institute of Architects Florida Registered Architect AR11942 Packet Pg. 717 VEI Solicitation o.: 122-8018 Solicitation Title: Collier County Jail Bidder's NameNational Security F Design Entity: Victor A. Lata i h, A. 79 Was the contract closeout process Any N/A arranty issues since cleoui Additional comments: S.... Q-, DocuSign Envelope ID: 68C13E4D-BE1B-47E6-BOCC-DF14FD198C43 16.C.3.d Cotr Count y Procurement Services Division Notice of Recommended Award Solicitation: 22-8018 Title: Collier County Jail Fire Alarm Replacement Due Date and Time: September 20, 2022 Respondents: Company Name City County State Total Bid Responsive/Responsible National Security Fire Alarm Naples Collier FL $1,671,000.00 Yes/Yes Systems, LLC Midwest Alarm Company Tampa Hillsborough FL $1,688,650.00 Yes/Yes Inc. dba BCI Integrated Solutions Honeywell International, Clearwater Pinellas FL $1,915,883.00 Yes/Yes Inc. All Digital Acquisition, LLC Fort Myers Lee FL $1,927,000.00 Yes/Yes dba All Digital Technology Utilized Local Vendor Preference: Yes 0 No = N/A On August 10, 2022, the Procurement Services Division issued Construction ITB Solicitation 22-8018, Collier County Jail Fire Alarm Replacement to eight thousand and seventy (8,070) vendors. Thirty-eight (38) vendors viewed the bid package and on September 20, 2022, the County received four (4) bids as summarized above. Staff reviewed the bids received and found the four bidders to the responsive and responsible. Staff reviewed the bids received and four bids were deemed responsive and responsible. Staff determined that National Security Fire Alarm Systems, LLC is the lowest responsive and responsible bidder. Staff recommends the contract be awarded to National Security Fire Alarm Systems, LLC, the lowest responsive and responsible bidder, for a total contract amount of $1,671,000.00. Required Signatures DocuSigned by: Project Manager: I I 6t" ' IYU 10/25/2022 I by: Procurement Strategist: L� Services Director: r,sH Sandra Herrera 10/25/2022 Date 0 0 N N Packet Pg. 720 16.C.3.f Co ier County Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION INVITATION TO BID N N FOR COLLIER COUNTY JAIL FIRE ALARM REPLACEMENT SOLICITATION NO.: 22-8018 KRISTOFER LOPEZ, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8375 Kristofer.Lopez@colliercountyfl.gov (Email) This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/22/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Construction Solicitation Doc rev 04152022 1 Packet Pg. 721 16.C.3.f Co -ter County Procurement Services Division INVITATION TO BID - COUNTY BID NO. 22-8018 Collier County Jail Fire Alarm Replacement Sealed bids for the construction of Collier County Jail Fire Alarm Replacement will be received electronically until 3:00 P.M. LOCAL TIME, on the 13th day of September 2022 on the County's on-line bidding system: httys://www.bidsync.com/bidsvnc-cas/. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $1,800,000. A non -mandatory pre -bid conference shall be held at the Procurement Services Division, Conference Room A, at 10:00 a.m. LOCAL TIME on the 19th day of August 2022, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. A site visit to the Collier County Sheriff Jail will follow directly after the pre -bid meeting. Bids shall be received on line by the Bid Date of September 131h, 2022 @ 3:00 P.M. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: hops://www.bidsync.com/bidsync-cas/. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within Four Hundred and Twenty -Five (425) calendar days from and after the Commencement Date specified in the Notice to Proceed. The final completion days includes substantial completion days of Three Hundred and Ninety -Five (395) calendar days, with an additional Thirty (30) calendar days to final completion. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Nine Hundred and Eleven Dollars ($911) for each calendar day thereafter until Substantial Completion is achieved. Unless otherwise specified, work will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. 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. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: /s/ Sandra Herrera Director, Procurement Services Division 00 0 N N 0 z m H m 0 c 0 0 c CU 3 a m m M N c 0 0 Cn ao 0 N N C 0 E 0 Q Construction Solicitation Doc rev 04152022 1 Packet Pg. 722 16.C.3.f FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier County Jail Fire Alarm Replacement BID NO.22-8018 Full Name of Main Business Address T 0 Place of Business 00 N N Telephone No. Fax No. Z State Contractor's License # 00 H State of Florida Certificate of Authority Document Number Z- 00 Federal Tax Identification Number 0 c DUNS # CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA c (hereinafter called the Owner) -a 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 Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the Construction Solicitation Doc rev 04152022 1 Packet Pg. 723 16.C.3.f 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 Three Hundred and Ninety - Five (395) 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. O0 0 N N Acceptance and acknowledged by an Authorize Agent Signature: Title: Date: Construction Solicitation Doc rev 04152022 1 Packet Pg. 724 16.C.3.f FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Collier County Jail Fire Alarm Replacement Bid No. 22-8018 Name Personnel Catei4ory Construction Superintendent Project Manager 0 0 N N Construction Solicitation Doc rev 04152022 Packet Pg. 725 16.C.3.f FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY 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. T 0 Complete and sign section A OR B. N N Section A (Acceptance of all manufactures and materials in Bid specifications) O Z On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in m the Bid specifications. Company: M O Signature: Date: O M c Section B (Exception requested to Bid specifications manufacturers and materials) c� 3 EXCEPTION MATERIAL EXCEPTION MANUFACTURER Q v M N 2. O r 3. 4. W w 5 . 0 Please insert additional pages as necessary. Company: Signature: Date Construction Solicitation Doc rev 04152022 Packet Pg. 726 16.C.3.f FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM 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 c Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with 00 this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as N 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 z it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any op portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 2. Structural 3. Mechanical 4. 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Signature: Date: Construction Solicitation Doc rev 04152022 Packet Pg. 727 16.C.3.f FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. SEE SUPPLEMENTAL QUALIFICATION REQUIREMENTS — (The Supplemental Qualifications takes precedence, should there be conflicting language with this form.) The Bidder is required provide five (5) project references, stated below, of 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. 2. 3. (project name) (project location) (project description) (project owner) (Owner's address) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (project name) (project owner) (email) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) (project name) (project owner) (project location) (project description) $ (Owner's address) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 Packet Pg. 728 16.C.3.f FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project completion date) (contract value) (phone) (email) 5. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project completion date) (contract value) (phone) (email) Company: Signature: MION Construction Solicitation Doc rev 04152022 Packet Pg. 729 16.C.3.f FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. 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 N M TOTAL Company: Signature: Date: T 0 N N Construction Solicitation Doc rev 04152022 Packet Pg. 730 16.C.3.f FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we (herein after called the Principal) and , (herein called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the city of and authorized to do business in the State of are held and firmly bound unto the (hereinafter called the Owner), in the full and just sum of dollars ($ ) good and lawful money of o0 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 N and firmly by these presents. C4! 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 Bid No. 22-8018 Collier County Jail Fire Alarm Replacement. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of 120 I*-rd Countersigned Appointed Producing Agent for Principal (Seal) Surety (Seal) Packet Pg. 731 16.C.3.f 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. T Q Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf N N c of Collier County", or, the specific solicitation number and title. z 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. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages 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 coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages 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. Packet Pg. 732 16.C.3.f 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 hLtps:Hgpps.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 current ISO form Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. 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 Packet Pg. 733 16.C.3.f 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. ® 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. GG — 7/28/22 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. 00 0 N N Packet Pg. 734 16.C.3.f Cor County 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. 00 0 Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County ao project identified above to evaluate proposals / past performance of itself or a competitor, which calls into N question the contractor's ability to render impartial advice to the government. c 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. Company Name Signature Print Name and Title State of County of The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of (month), (year), by (name of person acknowledging). Personally Known OR Produced Identification (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Type of Identification Produced Packet Pg. 735 16.C.3.f AN CO 11'eY County Procurement Services Division FORM 10 — VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: 00 The undersigned, as Vendor declares that this response is made without connection or arrangement with any other T 0 N person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby N declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this Z solicitation have been fully examined and accepted. m H 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 m 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- r- 0 vendor for any future associated with work that is a result of this awarded contract. cc IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 120 in the County of , in the State of 7 Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: Packet Pg. 736 16.C.3.f 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 this Solicitation: Email: Phone: 00 T 0 N N Packet Pg. 737 16.C.3.f Clew County 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. 0 FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S N PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE. N 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 W8.095, 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 proposalibid. Company Name Signature Print Name and Title State of County of The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of (month), (year), by (name of person acknowledging). Personally Known OR Produced Identification Type of Identification Produced (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Pg. 738 16.C.3.f 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. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. 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. 0 5. Any required drawings, descriptive literature, etc. have been included. 00 N 6. Any delivery information required is included. N 7. The following on-line standard documents have been reviewed and accepted in BidSync: 6 Z a. Construction bid instructions form m 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 (Form 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. 1. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 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. 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. Packet Pg. 739 16.C.3.f ***FOR REVIEW ONLY —NOT REQUIRED UNTIL AWARD IS MADE —PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-1: PUBLIC PAYMENT BOND Collier County Jail Fire Alarm Replacement Bond No. Contract No. 22-8018 KNOW ALL MEN BY THESE PRESENTS: That bound to as we bind ourselves, our heirs, executors, personal representatives severally. , as Principal, and as Surety, located at _ (Business Address) are held and firmly O0 Obligee in the sum of 0? for the payment whereof cN.i , successors and assigns, jointly and o WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. Packet Pg. 740 16.C.3.f Signed, sealed and delivered in the presence o£ Witnesses as to Principal BY: NAME: ITS: PRINCIPAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as of ,a is personally known to me OR has produced My Commission Expires: I►N: ►l (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety corporation, on behalf of the corporation. He/she as identification and did (did not) take an oath. (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) T 0 N N 0 z m F- m 0 c 0 0 c CU 3 a CD CD M N C 0 0 0 Cn ao 0 N N c 0 E 0 a Packet Pg. 741 16.C.3.f Witnesses STATE OF COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 920 , by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Packet Pg. 742 16.C.3.f ***FOR REVIEW ONLY -NOT REQUIRED UNTIL AWARD IS MADE -PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-2: PUBLIC PERFORMANCE BOND Collier County Jail Fire Alarm Replacement KNOW ALL MEN BY THESE f as PRESENTS Principal, as That and Surety, Bond No. Contract No. 22-8018 located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for 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. Packet Pg. 743 16.C.3.f IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each parry being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL NAME: ITS: The foregoing instrument was acknowledged before me this as day of ,a corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) corporation, (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: , 20 , by of on behalf of the Packet Pg. 744 16.C.3.f ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 120 , by , as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of: Commission No.: Packet Pg. 745 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC ("Contractor") of 13245 Tamiami Trail E., Naples, FL 34114, a Florida Limited Liability Company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "COLLIER COUNTY JAIL FIRE ALARM REPLACEMENT", Invitation to Bid No. 22-8018 ("Project"), as said Work is set forth in the Plans and Specifications prepared by VICTOR J. LATAVISH, ARCHITECT, P.A., 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: One Million Six Hundred Seventy -One Thousand Dollars ($1,671,000). 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.htmlgcertified. Should the Contract Amount be less 91 Construction Services Agreement; [2022_ver.3] than $500,000, the requirements of Section 287.0935, RS, shall govern the rating and classification of the surety- B. If the surety for any band 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 three hundred ninety-five (395) 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 darnages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Nine Hundred and Eleven Dollars ($911) 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 Tune 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 0(m) Construction Services Agreement: (2022_ver.31 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 tc 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 #22-8018 "COLLIER COUNTY JAIL FIRE ALARM REPLACEMENT." Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms ❑ Not Applicable Exhibit B-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3, Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 �pn construction Services Agreement. [2022_ver,31 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 Z Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #22-8018 "COLLIER COUNTY JAIL FIRE ALARM REPLACEMENT." The complete contract documents, including Addendum with attachments, are mailable 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. ZExhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details Exhibit M: Plans and Specifications prepared by: VICTOR J. LATAVISH, ARCHITECT, P.A., ®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 c/o Facilities Management Division 3335 Tamiami Trail East, Suite 101 Naples, FL 34112 Attn: Timothy Rygiel, Project Manager Il Phone: (239) 252 8380 Email: Timothy. Rygiel a@CollierCountyFl_.Gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shal I be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail, or Facsimile, addressed to the following: NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC 13245 Tamiami Trail East Naples, FL 34114 Attn: Christopher Morra, President Phone: (401) 480-5221 Email: Chris.Morra.JRNationalAlarm.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. C�► 4 Construction Services Agreements [2022_ver.3] 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 Assicins. 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, s Construction Services Agreement: [2422_ver.3] 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. Remainder of page intentionally left blank g C:ItiQ Construcllon Services Agreement: [2022_ver 3] IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: SECON ITNESS Chr/SrU%o4-_ 14o�.k, ?A" Print Name Date: //-17-2022 ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller IM Approved as to Form and Legality: County Attorney Print Name CONTRACTOR: NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC By: National Security Corporation, a Rhode Island corporation, Manager Y: —� Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA M. William L. McDaniel, Jr., Chairman Construction Services Agreement: [2022_ver.31 cm, EXHIBIT A-9 : CONTRACTOR'S BID SCHEDULE FOLLOWING THIS PAGE Construction Services Agreement: [2022_ver.3]ptiQ BID SCHEDULE 22-8018 COLLIER COUNTY JAIL FIRE ALARM REPLACEMENT BID SCHEDULE Total 1 GENERAL CONDITIONS LS $165,000.00 2 BUILDING J-1 FIRE ALARM SYSTEM REPLACEMENT LS $441,500.00 3 BUILDING J-2 FIRE ALARM SYSTEM REPLACEMENT LS $296,500.00 4 BUILDING J-3 FIRE ALARM SYSTEM REPLACEMENT LS $496,000,00 5 BUILDING PG-1 FIRE ALARM SYSTEM REPLACEMENT LS U72.0 lm,, TOTAL LUMP SUM BID $1,571,000.00 6 OWNER'S ALLOWANCE' T&M $ 100,000.00 TOTAL AGREEMENT AN40UNT $1,671,000.00 'Owner's Allowance is for Owner's Use as Directed. This Allowance will 6e used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the total agreement amount is not a guarantee that the Contractor will be paid any portion or the full amount of the stated Allowance, Expenditures of Owner's Allowance will be made through the issuance of a Change Order with proper documentation of Time and Materials supporting the change. Page 1 of 1 C EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM FOLLOWING THIS PAGE Construction Services Agreement. (2422 ver,31 Q) vV6lr 014.nty Yam" '�rxy.M"�u�r M•!'f"M�7n'.gM Promirement Services Division Date: 8/25/2022 Entail: Pati•ick.Boyle@colliercountytl.90v Telephone: (239) 252-9941 Addendum 01 From: Patrick Boyle, Sourcing Manager To: Interested Bidders Subject: Addendum flSolicitation #22-901 S Collier County .fail Fire Alarm Replacement ,rile following clarifications are issued as an addendum: Change 1: Uploaded Pre -Bid Sign in Sheets. if you require additional information, please host a question on our Bid Sync {w v�v.b'sds nc.com) bidding platform under the solicitation for this project. Please sign belmy and retstl•n a copy of this Addendum with your sub"littal for the above referenced solicitation. (Signature) NATIONAL SECURITY FIRE ALARM SYSTEMS (Name of Firm) Date 0 Email. Kristofer,lopez@collierCoLinlyfl.gov Tef. ephone: (239) 252-8375 Procurement Services Dive Addendum #2 Date: 9/212022 From: Kristofer Lopez, Procurement Strategist To' I nterested Bidders Subject: Addendum#Solicitation ##2- Collier County Jail FireAlarm Replacement The fol I owing clarifications are issued as an addendum; Change 1: Exhibit J Plans and Spedf!cations has been revised and new version has been uploaded Into the Drop Box Link provided to interested contractors. Changes are listed below: 02100 General 8i ke Redd Ctl O 1. Part 1. 1.5, A, Delete'not provided' and Substitute Contractor may use afIRe floor Etectricd Room at East end of BuiIdi ng J2 and first floor mechanical room at the NW side of PGA for temporary storage and staging area, Doors open directly to the exterior and musk be closed and locked when unattended. Do not block clear access to the electrical panels or existing equipment. Do not biock driveway or gate. 2, Part 1. 1.5, A,2. Add from'work areas' . 28 3111 Fire A I.arm S sEem; 1. Part 1, 1.6.B.; Delete"NICET asa.... Layout" and Substitute"State with FASAIBASA Certificad, 2. Part 1. 1.6.G,1.e.; Delete" -Level 11 minimum 3. Part 3.1A A dd " Provi do FI re Protecti on t isted Renum (FPLP) cablewhere instalIod inconceal ed locations above cei I i ngs' 4. Part3.1.KAdd"Providocondultfornew wiringinalIexposed Iocations,includingMachineRooms aid Etectric lHquipmentRooms. Size conduits as required for cables Change2: Asreadsl3id-ends,9,ep'13,2022 @ :oO-RM-, Bid endsSepternber 20 2022 3:00 PM Change 3: Bid GSue�ta�as8<-,4 saver er�c#s�etaterr�hee 2� 2Q � a 6 9 FtIVi. Bid questions& Ansuversends Lepteirnber 9 2022 5:00 PM . Change4:QIA: Is It pcs4ble to VeqUest from the opunty a list of adding fire alarm equipment In the buildingsto help with our estimate and proposal? n-pieck Menage' Compiled list of a,rrent equipment and it isatwhed below. Change 5: Updated Ganstruction Bid Instructions Form has been uploaded If you require additional information, pleasepost a question on our Bid Sync (www.blds)nc.com) bidding pl a#form under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitati - 09/2212022 (Si gnature _ Date NATIONAL SECURITY FIRE ALARM SYSTEMS (Name of Firm) C:AtI TQ M I � BI D.RESPONSI; J<s ORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier County ,Tail rare Alstrtri Repincement BID NO. 22-8018 Full Name of Bidder NATIONAL SECURITY FIRE ALARM SYSTEMS Main Business Address 13245 TAMIAMi TRAIL EAST. NAPLES, FL 34114 Place of Business 13245 TAMIAMI TRAIL EAST. NAPLES, FL 34114 Telephone No. 239-302-5550 Fax No. State Contractor's License # EC13007248 State of I'iorida Certificate of Authority Document Number L15000046533 Federal Tax Identification Numbeir47-3495588 DUNS r1 10-618.657D CCR# Cage Code 7TH19 'ro: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORMA (hereinafter called the Owner) The undcrsigned, as Bidder declares that the only persoti 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 Blddiiig Docuntenis, to provide all necessary machinery, tools, apparatus and other i-neans 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 Iaacumenls, and that it will take full payment the sutras set forth its the following 13id Schedule; Unit prices shall be provided ill no snore than two declmal points, and in the case where further dechual points are inadvertently provided, rounding to two decimal points will be conducted by Proem rentent Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement faun 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 becottie 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 tite required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertstn 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. Tile, Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the Construction SOiiCifation Doc rev 04152022 0 above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the lime 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 front 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 Three I3undred and Ninety - Five (395) consecutive calendar days, computed by oxcluding 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 r $ignatnrc: — Title: PRESIDENT Date: ~ C aLj Construction Solloitatlon Ooc rev 04152022 ccm�' FORM 2.-'CONTRACTOR'S KE, Y VERSONNEL ASSIGNED.1'Q.TIJE PROJECT Cnllfer County Jail Fire Alarm Replacement Bid No. 22-8018 Name Christopher Marra Justin Shalloo James Michelirh Personnel cateaory Construction Superintendent Project Manager Project Forman Construction 5olicilation Doc rev 04152022 FO ill=mA.Tj,,mALMA,NI.ITACFtJRLLR5 ,. THIS FORM MUST BE COMPLETED OR BID MAY BE DEr,, MED NON-RE,SPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State offlorida as long as the price, fitness and quality air. equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not: approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) Oo behalf of my firm, I confirn, that we will use all manufacturers and materials as speoifically outlined in the Bid specifications. Contvtny. _NATIONAL ,SECURITY FIRE ALARM SYSTEMS --- _.— Dnte.. _3 14. , Section B (Exception requested to Bid specifications manufacturers and materials) I?XCEP` l N MATERIAL Please insert additional pages as necessary. Company: ---...., - t . r_�.._.__..... _. Sigitiitiu•e:, EXCEPTIDN MAM11ACTURER Construction Solicitation Doc rev 04152022 00.0 kDRll4 LIST (jr, MAJOR.$UBe6NTRAC`I'OR8 THIS DORM 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 noncompliant or non -qualified Subcontractors in its bid offer, Further, the owner may direct the Successful Bidder to rett}ovelreplace 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 farther agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1 - --.. C.'nm pan ? �: N�TI_bIw1AL.S.f --CURITY �IR--, � ALARM.YSTEMS S Signature: �� "'"— �--"--- ......--- Construction Solicitation Doc rev 04152022 i'U17M 5, 1'A'I FMLN'1' of Ii:Xt Ei RIENC � OF.I3JDDE]k THIS FORM MUST BE COMPLETED OR BID MAY HE DEE,ME' D NoN-RESPONSIVE' fXON- RESPONSIfBLE. SEE, SUPPLEMENTAL QUALIFICATION REQUIREMENTS — (The Srrpplejiteixtrrl Quallflculions falces precedauce, should there be cmiffictlug language with this forur.) The Bidder is required provide five (S) project references, stated below, of what work of similar magnitude completed within the last five (S) 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 teens of the Agreement, I, Collier County Sheriffs Office - Special Ops Security Upgrades (project name) CCSO _Special Operations Building (project location) Wiring & Security upgrades (project description) 07l2021 - 0912021 $465,000 {project start/completion dates) (contract value) 2• Collier County Sheriffs Office - J Buildin 1 Security U rades (project name) CCSO - J Building (project location) Collier County Sheriffs Office (project owner) 3319 Tarnlami Trail East Naples, FL 34112 (Owner's address) John Lambley (Owner's contact person) 239-252-9009 (phone) Facilities Manager (title) John.Lambley@colliersheriff.org (emall) Collier County Sheriffs Office (project owner) 3319 Tamiarni Trail East Naples, FL 34112 (Owner's address) Wiring, Electrical & Security Upgrades John Lambley Facilities Manager (project description) (owner's contact person) (title) 0512021 - 09/2021 $89o,o00 239-252-9009 John.1-arnbley@colllersheriff,org (project start/completion dates) (contract value) (phone) (email) 3, Collier County Sheriffs Office - Collier Cotint Sherii#'s Office J Building Security Upgrades Y_ —..� (project name) (project Owner) CCSO - Emergency Services Center (project location) 911 Center Wiring & Electrical Upgrades (project description) 06/2022 - 0812022 g 550,000 (project starticompletion dates) (contract value) 3319 Tamiami Trail East Naples, FL 34112 (Owner's address) John Lambley Facilities Manager (Owner's contact person) (title) 239-252-9009 (phone) John, Lambley@coHiarsheriff, org (email) - - Construction Sollcltatlon Doc rov 04152022 0 F01015 - STATrm ENT oT- EXPERIENCL OF -BIDDER 4, Pawtucket School Department Upgrades Maron Construction Phase 1 (project name) (project owner) Pawtucket School Department 180 Buttonhole Dr. Providence, Rl 02940 (project location) (Owner's address) Wiring & Security upgrades Tam Maron (project description) (Owner's contact person) (tide) 08/2019 - 0212020 �S 2,300,000 (project completion date) (contract value) 5. Pawtucket School Department Upgrades Phase 2 _ _ -- (project name) Pawtucket School Department (project locution) _Wring & Security upgrades (project description) 08/2020 - 06/2021 $2,500,000 (project completion date) (contract value) 401-272-4930 (phone) tmaron cmccri.com (email) Ahlborg Construction (project owner) 355 Centerville Road Warwick, RI 028156 (Owner's address) Glenn Ahlborg (Owner's contact person) 401-6 81-4949 (phono) C,nyany. NATIONAL SECURITY FIRE A RM SYSTEMS Si�naturc: . Vice President gahlborg ahlborg,com (email) Construction Solicitation Doc rev 04152022 0CA0 FORM G - `1'IMNCII SAC'ETY, ACT THIS FORM MUST BE COMPLE, TED OR BID MAY BE PC, EMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Sid Price are costs for complying with the Florida Trench Safety Act (90.96, Laws ofFlorida) effective October 1, 1990, The Bidder further identities the cost to be stunniarized below: n-ench Safety Units of Unit Unit Extended Cyst Measure Measure LQgava tt Cos e ri ion LR SY 1. N/A 2. NIA 3. N/A 4, N/A S. NIA TOTAL $ 0,00 Company: NATIONAL SECURITY FIRE ALARM SYSTEMS b t ``-; �rE�:��,11?ha5fil,�iu4�u4�1�r.:ro•.5•orrt.CRr•ei.rurr*vi�il�rrntSx�3S:.,5�n5isti�4.5,� ,.�:, e..,..,r...,:'. ��,r-..• - ,.+.,, .�:r,. .i ,. .. ..`.1. Construction Solicitation Doc rev 04152022 G �O FORM 7-BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEC-MCD NON-RESPONSIVIZINON- RESPONISPLE KNOW ALL MEN BY THESE PRESENTS, that we National Security Fire Alarm Systems _ (herein after called the Principal) and Travelers Casug and Surat Company of America (herein called the Surety), a corporation chartered and existing under the laws of the Slate of CT withIts prinoipaloffices inthe city of- and authorized to do business In the State of Florida are held and firmly bound unto the Collier County, Fl_ (hereinafter called the 0wner),1n the ruII and just sum of One Million Six Hundred Eighty One Thousand _ dollars ($ 1.681.000.00 good and lawful money of the United States of America, to bo paid upon demand of the Owner, to which payment welt 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 Sid for furnishing all labor, materials, equipment and incidentals necessary to furnish, Install, and fully Gomplele the Work on the Project known as [aid No. 22 6Uf$ Canter County Jail Fire Alarrnt Replacement. NOW,'I'I•IGI1FFORN, irthe Owner Shull accept the Bid of the PRINCIPAL, and the PRINCIPAL shall enter into the required Agreement with the Ownr r and within ten days aftev the date of a written Notice or Award In aocofdance with the terms of such Bid, and give such bond or hands in an amount of 100% the total Contract Amount ns specified in the D idding Documents or Contract Documents with good and sulticlent surety for the fal tltif'ul performance of the Agreement acid for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in cite event of the failure of the PRINCIPAL, to enter Into such Agreement orto give such bond or bonds, and deliver to Owner themquired certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 1,681,000,00 noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full farce and eiTect, IN TESTIMONY Thereof, the Principal nod Surety have caused these presents to be duty signed and sealed this 92th day of Saptambor. , 2022 . BY Travelers Casualty and Surety Company of America Alexandra Kialy, Atlarney-In-fact i Countersigned°" Appointed Producing Agcat forLi Principal (Seal) Suraty��°• , ., },l (Seal) 4, •„• ;r�' TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Raul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENT& Thal Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companles"), and that the Companies do hereby make, ermnstilt,land d appoint Alto nensj-aln Pei t to sign, execute, seal and of BRAINTREE , Massachusetts y( acknowledge any end all bonds, recognizances, conditional underlakings and other writings obligatory In the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this Instrument to he signed, and their corporate seals to be hereto affixed, [his 21st day of April, 2021. yy'1MNky4 �yup 64p f7r �n�iY TKO F 1t�� 1j COO h. G# •tt a� Slate of Connecticut By: re�n—I;W City of Hartford ss.RobertL. Rene Vlce President On this The 21st day of April, 2021, before me personally appeared Robert L, Raney, who acknowledged himself to be the Senior Vice President of each of the Companes, and [hat he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized ofilcer- " l'¢r ` IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026- puotitq Anna P. Nowlk, Notary lauhllc This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of ilia Companies, which fesalutlons are now In full force and effect, reading as folfaws: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, tho Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizance% contracts of Indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any lime may remove any such appointee and revoke the power given him or her; and It Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part or the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and It Is FURTHER RESOLVED, that any bond, recognizance, contract of lndemnity, or writing obligatory In the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, [he Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -In -Fact and Agents pursuant to the power prescribed In the or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Asalstanl Secretaries or Attorneys -In - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimlle seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall he valid and binding on the Company In the future with respect to any bond or understanding to which It Is atlached, I, Kevin E, Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby cedify that the above and foregoing Is a true and correct copy of the Dower of Attorney executed by said Companies, which remains in foil force and effect. Rated this 121th day of September , 2022 w rFp � WW1F8R0 � � � Kevin E. Hughes, Ass tent Secretary To verify tiro autlrerttic:lty of this Power of Attorney, Please call us at 1400-4214880. Please refer to the above -named Attorrrey(s)-Mn Fact arrd the details of the band to wlticlt this Power ofAttoruey is aitachad. -:,F0ltiM.8`-.INSURANCEAND BONJ,)ING RE OUIREMLNTS 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, 'rhe County and the Vendor waive against each other and the County's separatc 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 tile award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and titie. 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. 'I`17c Certificate Hoidcr shall be natned 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 ail work performed oil behalf of Collier County. 'rho amounts and types of insurance coverage shall conform to the minimum requirements sot 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 Stich obligations, All self -insured retentions or deductibles will be Vendor's sole responsibility. Coverage shalt be maintained without interruption from the date of cotnnnenccrnent 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 tine part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -fear (Zd) hours after receipt, of any notices of expiration, cancellation, nan- 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 hererurder, Vendor shall immediately lake steps to have tine aggregate limit reinstated to the fttll extent permitted under suoh policy. Should at any time the Vendor not maintain the insurance coverageWs ,, required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such covcrage(51 and charge the Vendor for such coverage,W purchased, If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to of€set these costs from any amount due Vendor under this Agreement or any other agreement between (lnc County and Vendor, The County shall be Linder 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 coverageLs) 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 COrnity renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days alter the expiration date on the certificate. I'ailul'e of tine Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. C:+ .�►�"REX° CERTIFICATE OF LIABILITY INSURANCE OATe(Mrzoaz oero9/20rYYYYj 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 ALTERTHE COVERAGE Al'PORDFO HYTHE POLICIES BELOW. THIS CERTIFICATE OF 1N8URANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANIT THE CERTIFICATE HOLDER, IMPORTANT If the certlflcato holder Is on ADDITIONAL INSURED, thD P0110y(leS) must havo ADDITIONAL INSURED provisions or he endorsod. If SUBROGATION 1S WAIVED, subJocttotho Corms and conditions of tho policy, certain policies may roquire an orldoT$oment. A statement on this certificate does not confor rights to the cortlf oato holder In lieu of such endorsements). PPODUG;_R The Egls Group Lavan S1 Worwirk RI D2888 NAMI31 Alan Flnkelman PHONE 4 1, (401) 274•0303 ArC.No : FAK (401) 2-13-2560 161C,120 A�nREss, alanrinkelman(Maglsgroup.com INSURER s APFORDING COVERAGE HAIG H INsuRERA, Philadelphia Insurance Company 23850 INSURED National Security Fireftrrn Systems LLG 13245 T�amlaml Trall East Naples FL 34114 INSURER B,. ArgonouL Insurance Company INSURERC. INSURER D, M$URi R IR: INSURERF: COVERAGES CERTIFICATE NUMBER: CL225e08$00 REVISION NUMBER: THIS IS TO 04RTIFY THAT THE POLICIES OF iNSURANCR LISTED BELOW HAVE BEEN ISSUFU TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INMCATLu. NOTWITHSTANDING ANY REQUIREMENT PERM OR CONDITION QFANY CONTRACT OR OTHFR DOCUMENT VVITH RESPECT WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESOn035 7 HEREIN IS SUBJECT TO ALItTHl; TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 13Y PAID CLAIMS. 1_TR TYPE OFINSURANCE INSID WV0 p0LICYNUMBER MMlDDl1WY gW221YYY LIMITS X C0MMERCIAL0FNaRALI.IAwLITY EACHOCCURIMIKOF- S 1,0D0,000 —XI 100,000 CLAIM&MADC I OCCUR P 19EBITRrm En osxunant $ MEDEXP A One eraan $ 10,000 A Y PHPK2411349 05/0712022 05107/2023 PERSPNAL$ADVINJURY S 1,R00,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 214001000 PRODUCT$•COMPIQPA$G $ 2,f100,000 POLICY PRO LOC JFCT 1:1 9 OTHER: AUTOMOBILE LIABILITY COMBINED 5 E MT g 1,0D0,004 AOUILYINJURY (Porpereon) 5 ANYAUTO HODILYINJURY (Par acddenl) 5 A QWNEp SCHEDULED PIIPK2411349 0610Tl2Q22 05107l2023 nurosaNLY AUTr3S HIRED NDN•OVMED ROPERTYDA Par a do 3 AUT0ONLY AUTOSONLY Medical payments a 5,000 X UMBRELLALIAB OCCUR EACHOCCURRF.NCU 5 B4OQO,OQQ AGGRFOATE S $,004,DU0 A f =I SSLIAB HCLAIMSmMAIIIE PHUBS'13080 05/07/2022 05/0712023 1 OEp I XI RETENTIONS 10.000 $ WORKERS COMP04SATION XIPF)R UTE >n ANOC-MPLOYFRS'LIA1]$UTY YIN E.LEACHACCIDENT 5 1,OQ4'009 8 ANY PROPRIETORIPARTNERIEXECUTIVL NIA WC9287UB433154 1Q1Q11202T 10l0112022 E.L. DISI:ASI; - EA EMPLOYEE 3 t,Q04,Q00 OfFICEfVMEMBEREXCLUDE07 (Mandatary In NH) F.L. DIWOE- POLICY LIMIT J5 1,000,000 If ea, datwlbo ewer DESCRIPTION OF OPERATIONS below laSCRIPTION PP OPERATIONS r LOCATIONS J VEHICLES (AGGRO 101, Addlllonol RcmNlua $elledule, may ba a0achad IF more apocu Is required) REGARDING THE ABOVE GENERAL LIABILITY POLICY, ADDITIONAL INSURED STATUS FOR THE CERTIFICATE HOLDER 15 PROVIDED SUBJECT 'f0 THE TERMS & CONDITIONS OF FORM # PI.OLD-S0(01-14) ATTACHED AS REQUIRED 9Y WRITTFN & SIGNED CONTRACT SHOULD ANY OF THE ABOVe DESCRIBED POLICIES 13E CANCELLED BEFORE THE EXPIRATION DATE THEMEOF, NOTICE WILL BE DELIVERED IN COLLIER COUNTY BOARD OF COMMISSIONERS ACCORDANCE WITH THR POLICY PROVISIONS. 3295 TAMIAMI TRAIL FAST AUTHORIZQD RCPRRSENTAT}VE NAPLES FL 34112 � y., A'IF•V�� 01988.2016 ACORD CORPORATION, All rights reserved, WORD 25 (2016103) The ACORD name and logo aro registered marlls ofACORD "'Cli PI-GLf]-s0 (01114) (2) Structural alterations, new construction or demolltion operations performed by or on behalf of that person or organlzation. d. Lessors Of teased Equipment— Automatic status Whan Required In 1--ease Agreament With You --Any person or organization from whom you [ease equipment when you and such person or organization have agreed in writing In a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily Injury," 'properly damage" or"personal and advertising injury" caused, In whole or in part, by your maintenance, operation or use of equipment [eased to you by such person or organizatlon A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional Insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease explres. a. Grantors of permits — Any state or political subdivision granting you a permit in connection wlth your premises subject to the fallowing additional provision: (1) This Insurance appltes Only with respect to the following hazards for whlch the state or political subdivision has Issued a permit in connection with tha premises you Own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, constructlon, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decoratlons and similar exposures: (b) The construction, erection, or removal of.elevalors; or (c) The ownership, maintenance, or use of any elevators covered by this insurance Blanket Additional Insureds by Contract —Any person orarganlzation for whom you bi. 0 are performing operallons when you and such person or orga►Izatlon have agreed in writing in a contract or agreement that such person Or organization be added as an additional Insured on your policy, such person or organization Is an additional insured only with respect to liability for "bodily Injury," "property damage" or "personal and advertising Injury" caused, In whole or In part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional Insured. A person's or organization's status as an additional Insured under this endorsement ends when your operations for that additional insured are completed. With respect to thra Insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to. Page 4 of 10 ® 2013 Philadelphia Irldemnliy insurance Company Includes copyrighted material of Insurance SarvirOS office, Inc., with its permission. cor County procurementServlc:es DhAslon vi _ 1 e5�� 11f 411Y y yy l� Ny�,ti . y y.} : Y! 'X .. � � t4,5�j •1•q I�J� �r � I Y 3 J4 •5i (''' ry�'';'•1',l flri::S. �yy��,�{ �^I RII'1• L�/11' i•l i. Ai i't. •M1 '� i1i 1i!] ••i. ,•!'': f 110 'Vendor certifies that, to the beat of its knowledge and boliaf, tho past and cut1•ent work on any Collier C'_❑unty project affiliated with this solicitation. ]foes tact pose an argnnizatlattal conflict as described by one of the throe oatogaries below: Rinsed ground Mules --The tjrm has trot sat file "ground ta]Ies" for affiliated past qr current Collier County project Identified above (o.g,, writing a 1)1De1nomcnt's statemotit of work, speolficatialts, or porfortiltng gysloutis engineering and Whl]faal direction for the proouroment) which appears to shay the competition in favor of nay fin". Itnllairrotl oh cc#huffy �Tha firrn has not perforated work opt oil affiliated past or otitront Colll6r County project Identified above to evr<iltato proposals / past porformanco of itself or a Competitor, whioh Galls into question the oontr'act.or''s ability to render impa]•tial rrdvico to the governmont. Unegtlal access to ittrorrnation —The firm has not had access to nonpublic l]tf0rtnatiOn as part of its perf'onnaneo of a Collier County project Identified obovo wltioh may have provided the contractor (or tin affiliate) will] an unfair Competitive advalttnge in owTent or futurC solicitations and contracts. Itt addition to tills signed affidavit, the, aonlractor / vondot• must provide the following' X, All document's produced as a result of the work completed h1 the pastor ourrontly being worked oil for file above, mentioned project; and, 2, lndfoate if ilia irlf❑rn]ation produoud was oblain0d as 0 ],tatter of Mllglo i Qd (lu the "gu]ts11l1ta") or tlsrough non plib.1to (not In the "sunshine"} oanverAatiott (g), ntecting(s), doottment(s) and/or other meults, Falluto to disoloso nit ntaterial of having an organizationat oonflict In one or more of tho tllr•ee categories above bo ldentit"xad, may result in the disqullliCcation for future sollcitatlons affiliated with the above rofom"ood pro)eot(s). By tha signature below, the firm (an]ployeea, ofl'icat's and/or agents) cortlfies, and horeby discloses, that, to the best of their knowledgo and belfaf, aril relevant fsots conoorning past, present, or eurrot]tly planned Interest Or activlty (Cnanolal, Contractual, organizational, 01• olherwlse) which relates to the projoot Identified above hats bean tltlly disclosed and dons not posit on organizational coufllet, {ip�r'iv' JUS11NTl{QMA55NALL04 NATIONAL SECURITY FIRE ALARM SYSTEMS ;) Notaip Yub11c - 5tato ui ftorida Colnpa alrte i comrnlsstga N kiH 3015[!+1 Jr My Comm. `expires Aug 17, TO?6 .III Banded through National Notary Assn. Signatltt'e CHRI8TOPHF-R MORRA I PRESIDENT printNalrte and Title State of County of Tits fora oit]g instrumanl was flcknowledgad bofore me by m this —eans of l physical resenCey�al�r Cl aonlineneteriz lal , day 0f (nicrtlh),.�.(Yaar), by �,11 of parson rioknowledging). x (SiglraturC o y pt,J)1ic Stato ofFlorida) (Print, Type, ar Stamp Colt]tllissioned 041TO OfNClary Publio ersonally K_110 OR pmchwud IdonCf culfon 'f'yi)o ofIdantlf3CationFnoducod Co ter County prowremonl SOMCe$ Division BOARD OF COUNTY 66WSSToNERS Collier Colluty C3oveimmont Complex Naples, FloAda 34112 Pour COttlmiasionars; �'�:�.•'r's7 �,' . 5,{�r: •.. ..s! Thu undel;4igned, as Vendor declares that this rospotlse is made without coancolton or arrnngauteut with any atht:r pofson and this Proposal is in every respectfnir told made in goad faith, without cofiuslott or fraud. The Vendor heroby dl clams tilt) Iltstruotiolls, pprollnse ordor torins and conditlons, reclldr'eluonts, and speoifloationslsanpo ofwork of (his solialtatlon have boon fully examined and accepted, `l,110 Vendor agrees, ifthls solioitflti011 subrnittRl Is accepted, to exer,11to a Copier Canuty document 'fat' the purposo of aatablishing n formal contractual ralntianship between tho firm nud Collier County, for the performance of all requlronmtfts to which the solic[tntio❑ portolus. The Votldor states that the submitted is basod upon the dnoumorlta listed by IN aboveTefereuced 501ieit011011. lErttriber, the vendor' agrees tbnt if worded 8 cont-rM for those goods 91ld(ol. sDrviees, the vetidor 1011 not be oligll)le to compel9, submit a projYOSfl I, 1t0 Rwili-ded, or perfolrnr ns a sub. -Vondol' for any f11tU1'e assoelated )VItli work that is a l'asult of this mvsol-ded contract. ySti ?g,$ i Ole, v lR have het'eunto subscrIbed Our nanw3 on this _ �d ty of�� 20Z& the County of�kE. In the State of �J ' Pirm's Legal NATIONAL, SECURITY CORPORATION Nauru: 13245 TAMIAMI TRAIL EAST Address; city, sloto, zip NAPLES, FL 34114 Code: Florida L15000046533 Certifioato of Authority DoGStnlent Npinber 47-340558B Federal Tax Identlfication Number 7TH19 *G0R if or CAM Cody *Only if Crant Funded Telephone: 401,460-522 "1 CHRIS.MORRA,JR@NATIONALALA1-ZM.COM gnmaill Slgnatureby: CHRISTOPHER MORRA (Typed and wrlttoa) Title: PRESIDENT , Additional Contact Information Send paynionts to: NATIONAL: SECURITY FIRE ALARM SYSTEMS (required If different Comp ity name usod as payco front abovo) collMet 11anie; CHRISTOPHER MORRA 111tto: PRESIDENT ,hWross: 65 NEWPORT AVE. City, state, 7'rp EAST PROMENCE, Ri 02816 rc[ol1ho11U: 401-480-5221 f3mall; CHRIS.MORRA&ATIONALAI.ARM.CONI Office, sovviotng Collier County to pls►co orders (required of difPerstit from above) Contact naEne; TWO: Address: city, State, "LIP Tdophone: Email: 8ocondaly Contnctfor LORIE D'ORTONA this Solloitatlon: Raft: LORIE.pORTONA@NATIONALALARM.GOM llhwie: 401-438-8888 C0716y County Y _ i�1 f S•:'��j S 0=4-01 I. I �.7 yy,:'r.7, �4Q f•�3 ..�,�!4i•. This Affidavit is required and should be signed, noturlaed by an authorized prinolpal of tit* Brm And submitted with fot'mal solloitation sulanittals. ptrrther, Vendors arc rotluLred to bo unrolled In tho L+ Verlfy prograln, and provide acocptoble evidancc of thclr enrollment, at the time of the submission of the Vendor's bid, Aocoptable, evidenco consists of a Copy of the properly contplaled 13-Vorlfy Company Profile page or a copy of the firlly meouted B-Verify Mumoramlum ofUndwatanding for the compnuy which will be produced at the time of the sublilissioli ofihe Voudor's bid or within five (5) day of tbo Counly's Notice of Recommend Award, Collier County will toot Intentionally Awartl Comity contracts to tiny Vendor who Rilowingly employe unauthorlzod alion workers, constituting a violation of ilte employlttcpt provisioli contained In 8 U.S.C. Seotlon 1324 a(o) Section 274A(c) of the Irmmlgrutlon and Natlonalily Ad ("INA") Collier County may nousidor the otnploylment by any Vendor of uttattthorized miens a violatloat of Section 274A (e) of tha Ti* k Snot► MOW lrn, iyy the IMIPlont Of t1lo Employment pi rovislons contained Ili Section 274 (t') of the INA shall be grounds for anllatoral torm1natiot7 oftbo contract by Collier County. Vendor attests thatthey arc fitlly cantpl 411twith all appilanblo immigration Inws (spealf50ally to the 1986Immigration #lot and subsequent Amcndinmt(s)) tlr t i v F rt�l n om siinr�gc yyitlt the r t r s oFJQrlln StahItos §44.8.1195. and ugrcus to Comply Willi tileprovlslons ofthaMernoraudunt of Understanding wltlr F'Verify ood to provide proof of enroitment hi The 13inploynient BIlgiNlity Wrltioation System (g-Varify), operated by the Department of fIorneland Security In parinorshlp witlr the Sooiul Seourily Admialslration at the tltne ofsubmissionnf the Vendor's proposallbld, ,JUSFINTHpAtp55Npl.lr7p 4terypubllc StatoafFlo040pall Commission N HH 30!$BI 41EMOPCumm, Fxplres r$AY[ONAL SECURITY FIRE ALARM SYSIEMS Name Aug 17,2026 itrraugh WWII NOWY49% 5lgtlature CHRISTOPHER N ORRA l PRESIDENT Print Name end Title state of County of— 011)e r- '!ho foregoing Insh•rrment was noltnowledged beforo me by means of hysical presence ar 0 onlitre notarization, this .„,� day of,�@ f (mouth), .(Year), by 1'� f �' (name of person aolu�owlatlgllrg). (Signature of var�b--Iio, Statti of Florida) rr r (print, Type, or Stamp Comte 0loned Name of'NotaryPublic) personally X11oWn R-R Produced Identification Type of Identification Produced ]FORM R-'BIDDERS'C TEdCLIST, 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. FAILURE, TO PROVIDED THE BID DOCUi1 ENTS MAY BE GROUNDS TO TEEM YOU NUN-RESPONSIVEINON- RESPONSIBLE. 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. S. 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 forays have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (17orm 4) e, Statement of Experience (Farm S) 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, 1, Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 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 ofI'lorida (sunbic,org) d. Any required professional licenses -- valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, a#c,, as applicable, requested andlor required.) e. Vendor W-9 Form 10, If required, the amount of laid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement font, attached and included, 12. The Bid will be uploaded in time to be received no later than the specified opening date grid time, otherwise the Bid cannot be considered. COLLIER COUNTY BUSINESS TAB( BUSINESS TAX NUMBER; 211889 col LICR COUNTY TAX COLLECTOR 2800WEBSITE AT:wvjw.DRIVE xcoAPLE FLORIDA 34104 - (23% 252.2477 VISIT OTUIS RECPIPT EXPIRES SEPTIEMS1=1R 30, 2023 016PIAY AT QLAGE 0r 0U51NESS FOR PUBLIC INSPECTION, 14 FAILURE TO RQSOISCOMTiZARYI'0LOCAL LAW9. LOCATION: 13245 TAMIAMI TR 0SINE 0-5 a �1 ��' NATIONAL SECURITY FIRE ALARM SYSTEM RU51NES5 PHONE, 239-302.-5550 �. STATE OR COUNTY LIC M FP020-000124 A MORRA, CHRISTOPH51R P f 13245 TAMIAMI TR E r I:I NAt'LES, I=l_ 34114 1.10 EMPLOYEE-S ` CLASSIFICATION: 05•F3R PROTECTION GONTCRAC CLASSIFICATION C00>M: 051 t]7101 44 This documaiit is a business tax only. This Ie nN W;llf3Gation That Bean Isi u4l�i d � $5 Q7 i 7a I It tlaas nol parmlt 11�e llcerls4o t4 vlalalp any OKIsling regulntory zoning flaws ih � un leg nor dens it exempt the Ilcensea cram nny Other texas or permlls That maybe required bylaw. TNISTAX IS NON-KFUNOADILE- f202? DA'ii E 18,00 AMOUNT RECEIPT WWW�23-00075104 COLLIER COUNTY BUS1NES$ TAX BUSINESS TAX NUMBER; 161945 COLLIER COUNTY TAX COLLECTOR • 2800 N, HORSEGHOE DRIVE • NAPLES FLORIDA 34104. (239) 252-2477 VISIT OU R WEBSITE AT; www.a0lll0113x44llect0r,c0t+1 THIS RECEIPT E XPIRES SEPTEMBERi 30, 2023 DISPLAY ATFLAW OF BUSINESS FOR PV8LIC INSPECTION. LOCAT K 13245 TAMIAMI TR E FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED: 0-5 Y SUMNES.S PRONE: 302 6431 v %f�L�l NATIONAL. SECURITY (-'IRE ALARM SYSTEMS STATE OR COUNTY UC #. EC18007248 � ��"LLC 5 ZWERIN, JEFF ti 13245 TAMI AMI TR E NAPLES, FL 34114 1-10 EMPLOYEES CLASSIFICATION: 05-ELECTRICA>_CONTRACTOR TIitBTAxISNONREFUNpASLE• ' 07122/2022 CLASSIFICATION CODE: 05100601 s. , r, DATE 18.00 AMOUNT This document Is a business tax only. This Is not nartinoaiian that Ilclkl;�u l RI;GEIf'T VVWW ?3 00075104 It does not permit the licensee 10 Violate any oxISIInO regulatory zoning laws df IhL. -* �fas nor does It exempt the licensee from any other laxas or permits chat may be required by taw, ' m Company ID NUmbei': 1867090 THE E-VEKii-Y MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE PURPOSE AND AUTHORITY The parties to this agreement are the Qepartment of Homeland Security (DHS) and NATIONAL SECURITY FIRE ALARM SYSTEMS (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal immigration Reform and Immigrant Responsibility Act of 1996 (1IRIRA), Pub, L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact Information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need &Verify access. Employers mist promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page i of 17 E Verify Mou for Employers I Revision Data 05101M ��. E-Verify..-- Company ID Numbor, 1867090 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that Individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify In order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions, a. If an employee presents a "List B" identity document, the Employer agrees to only accept `I-iist B" documents that contain a photo. (List B documents Identified in 8 C.F.R. § 274a,2(b)(1)( )) be presented during the Form 1-9 process to establish Identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-421 B. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or US. Passport or Passport Card to complete Form 1-9 the Employer agrees to make a photocopy of the document and to retain the photocopy with th t he employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number an the employees Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274E of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) 1f the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision 02to 06/01113 q•� U E-Verify.,_.,r� Company ld Number. 1867090 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for preemployment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Empioyer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described In Article 111.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article Ill below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111.13, below) to contact DHS with Information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.E.R. § 274a,1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case In continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be Interpreted as, evidence that the employee Is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and If he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-1lerlry MOU for Employers I Revision Bata 06101113 UCY .F.-Ve ri�.�,�� Company li) Numbor: 1867090 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided In part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, It should contact OSC at 1-860-265-6155 or 1-806-237-2516 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disserninated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under thls MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DI -IS immediately in the event of a breach of personal Information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data, All suspected or confirmed breaches should be reported by calling 1 -888-464-4218 or via email at E-Verify@dhs.goov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS. SSA, their contractors and other agents, upon Page 4 or 17 E-Verify MOU for Employers I Revision Date O6101113 a rz-Verify,,_. Compmly ID Number. 1867090 reasonable notice, to review Forms 1-9 and other employment records and to interview It and its employees regarding the Employer's use of E-Verify, and to respond In a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify, 19, The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, In advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar Intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHSIUSCIS (see M-795_C' Leb;) and, other than pursuant to the specific terms of such license, may not be used In any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU, B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22,18 of the FAR, it will become familiar with and comply with the most current version of the EVerify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801), Once an employee has been verified through EVerify by the Employer, the Employer may not create a second case for the employee through E-Verify. a, An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 6 of 17 Varify MOU for Employars 1 Revision Date 06101 /13 U r Company I❑ Number, •1867090 b, Employers enrolled in E-Verity as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less nt the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must he initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001 (a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, andfor all existing employees hired after November 6, 1986, Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date Is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following Dl-1S procedures and begin E-Verify verification of all existing employees within 180 days after the election. e, The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii, The employee's work authorization has not expired, and iii, The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete anew Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary Information if: i. The Employer cannot determine that Form 1-9 complies with Article ILA-6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise Incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 0 of 17 C-Varify'MOU for Employers I Revlsbn seta 06101/13 @ Company ID Number. 1867090 Article 11,C.5, but reflects documentation (such as a U.S. passpoll or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF BSA 1, SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in S5A's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures, SSA also agrees to limit access to such information, as Is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR fart 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the Information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary, In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer, Note, if an Employer experiences technical problems, or has a policy question, the emptayer should contact E-Verlfy at 1�888-4644218. D. RESPONSIBILITIES OF OHS 1. DHS agrees to provide the Employer with selected data from OHS databases to enable the Employer to conduct, to the extent authorized by this MOU' a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verlfy MCU for Employers l Revision Date 06101113 �� Company ID Number' 1867090 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer`s participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of OHS representatives to be contacted during the E"Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DI -IS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S, Department of Justice. F. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify, 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Soclal Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmatlon of the employees' employment eligibility within 10 Federal Government worse days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND I311S A. REFERRAL TO SSA 1. if the Employer receives a tentative nonconfirmatlon issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify page 8 of 17 E-Verify MOU for l=mplQyers I Revlsinn Qate 06/01113 0 { r� E-Ve r I Company ID plumber: 1867090 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case Is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. RE:FERRAL. TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case Is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation, 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the, Page 9 of 17 E-Verify MOU for Employers I Revislarl bate 01310113 �k> L e hT�' rpf. mo 1 r yr.Yr.�n• Company ID Number: 1867090 employee to contact DH9 through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of tills section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U,S. passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer), 7. The Employer understands that if it cannot determine whether there is a photo matchlmisiriatch, the Employer must forward the employee's documentation to DNS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. S, DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 16 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A, NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access F-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TFRMINATION A, MODIFICATION 1, This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, Including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOO and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revislon M10 06101/13 �, E-Vermi0FY..,______ Company ID Numbor: 1867090 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation In E4erify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responslbilities under this MOU may be performed by contractor($), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of I1R1RA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Pige 11 of 17 E-Verify MOU for F_mproyers I Revision Date 06/01/13 , �•r �1 •1rc�nt Company ID Number: 1867090 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, Its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between ITS and the Employer. To he accepted as an E-Verify participant, you should only sign the Employer's section of the signature page. If you have any questions, contact E-Verify at 1-888-4+64-4218, Page 12 of 17 E-Verify MOLE for Fmployors I Rovislon Date 06/01143 Company Ifs Numi3er: 1867090 Approved by, employer NATIONAL SECURITY TIRE ALARM SYSTEMS me (Please Type or Print) LORIE VORTONA nature Electronically Signed partment of Home 7-7 Security—1lerification Division Jame {Please Type ol` Print) USCIS Vedficatlon Division ignoture Electronically Signed Page 13 of 17 E-Verify MOU for Employers I Reulslon Date 06/01/13 )7te 08111/2022 Title ate os11112022 a -ve r MM `� �•P �7� I h�Fj�• tirna Company ID Number: 1867090 Information Required for the E Verify Program nformation relating to yot.lr Company: NATIONAL SECURITY FIRE ALARM SYSTEMS mpany Narne 13245 TAMIAMI TRAIL EAST NAPLES, FL 34114 pany Facility Address ny Alternate Address my or Parish I COLLIER mployer Identification Number 473495583 orth American Industry 454 lassification Systems Code Company mber of Employees 120 to 99 ber of Sites Verified for 12 site(s) Page 14 of 17 E-Verify Mali for Employers I Revislon pate 06101113 0 �i� �� IAAIII11 Company 10 Number: 1867090 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State, rL RI Page 15 of 17 E-Verify MOU for Employers l Revision Date O6161113 00P Company ID Number: 1867090 Information relating to the program Administrator(s) for yof.ir Company on policy gtiestions or operational problems: Name LORIE UORTONA Phone Number 4014388888 Fax Small LORIE.DORTONAMNATIONALALARM.COM Pigo 16 of ,17 E-Vorify MOU for Employers I Revision bate 06/01/13 0 ��.,-,.—nn•rn....+.n•.•..n,n•,,.n.�i...•...f•..r•w,r.an �lrern�rrwwM.a,wirrrr.wrnynrw a.wvxrYxnrxMiu •� �pF Company ID Number: 1867090 This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers I RevIs3on Date 06/01113 0 Symae PF110fida Deparfteml ol'Mate T certify fi-om the records of this office that NATIQNA [, SECURITY FIRE ALARM SYSTEMS, LLC is a limited liability company organized under the laws of the State of Florida, Filed on March 16, 2015. The document number of this limited liability company is L15000046533. Z further certify that said limited liability company has paid all fees due this office through December 31, 2022, that its most recent annual report was filed on March 17, 2022, and that its status is active. Gipen under Lary hand and the Gr'errt seal of th e State of .Floa'1&1 at Tallahassee, Ilia Capit(d, INS the Tenth dray ofAugusf, 2022 00, S ''�'L'fCl ` f �a?te Number: 49 To autilall HeAte this ccrtifitAta,Visit tile foiiowilig site,entcrthis uuillbet', nud then follow tite instructions dlspisyed. itttps:tlse��rieas.smiUix.orglrilingslCeriifiCl►teDfStatusfCe�'fificnteAutlientfcntion Ran DeSanfls, GovernorMelanle S, Griffin, Secretary STATE OF FLORIDA I V DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS' LICENSING BOARD THE ALARM SYSTEM CONTRACTOR R I Hmp-,iN IS CERTIFIED UNDER THE PROVISIONS OF 0 IAPTIR 489, FLORIDA STATUTES MORI NAI IONAI-'. -,i..,cuf:vry HRL A1,ARM SYS 5 'LC 1,324" TAMIAMIT R 34114 LIC�1V ,N[JMBE1 ::EF260' 718— EXPIRATION DATA: AUGUST 31,2024 Always verify licenses online at MyFloridal-irense.com JV, Do not alter this document in any form. A ffN-zQ,r-.' This is your license. it is unlawful for anyone other than the licensee to use this document. .. ........ .... . ..... 1.111— ------- .. ... ........... . ..... .... . .......... ......... . (2 THE OFFICIAL. SITE OF THE FLORID OriPARTnnENT Or BUSINF= S & 1'1ZOFL'S$110NAL I1F.61,11LATION Is;Rm t�R t f 13u';i 1t;;,S 110ME CONTACT US MY A(%1;Ot.1NT FRr-gkil'III loll ONLINE SERVICES LICENSEE DETAILS 10:46:14AM94,112022 Apply for a License Vorify a Licensee View Fond & Lodging lospections Flirt a Complaint ConUnuing Eduoallon Course Search View Applic Ilion MEWS Flrid Exam IMormatiorl Unlicensed Activity Search AE&T pelingvont Invoice & Activity List $AaWJ1 Licensee Information Name: MORRA, CHRISTOPHER P {Primary Name) NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC (138A Nnme) Main Address: 65 NEWPORT AVENUE EAST PROVIDE14CE Rhode Island 02616 License Loeallon County: License Information License Type: Rank: License Number: status, Licensure Date: Expires: 13245 TAMIAMI TRAIL EAST NAPLES FL 34114 COLLIER Certified Alarm System Contractor Cert Alarm I EF20001718 Current,Active 1111212020 0813112024 spacial Qualification Effective Qualifications Alternate Namas view FRolated License information View License Complaint 2601 Bfnir Stono Road, Tallahassee FL 37399 :: Email: Cuolomar CantAct Contar Customar Contact Canter: 850AB7,1395 The Siate of Florida [oafs ANEW employer, Copyright 20e7.2010 Stale or Plorida, Privacy Slotamant Under Florida law, email addresses ara publle records. II you do not want your arnall address raleasad In response to a publlo•roanrds reRuasl, do not aend electronic moll Lo this alive entity. Instead, contact the olnce by phere or by traditional mall. If you havo any qua911ona, please canlaul85o_A87:1345.'PUrsuant to Section 455.275R11, Florida Statutes, 0piobar 1, 2012, licensees licensed Under Chapter 455. F.S. must Provide the IDaparlmant Mth an email address if dtey have one. The 001843 provided may bo used for official communication with the IlcowhI�Haon beamade oval erbl Baare public rowrd. If yew do the ppb i0- I5lonsa see our Ch riot ptor 455apaaoyA personal address. to dolorminu i you oreleB5i0piovIda the avoc od by this chaed m4nt\4IIh an email addra9s Tl-ir OFFICIAL. 1,411'i_ OF THE FLORIDA DI-l'Ati'I'MENT OF 13Ij$lNF8S 4. PItOFRS, tiONAL FtEGULA-1-10N i ,� )31tn1 {r1j (,! jjtl� I�lca55 HOME CONTACT US W ACCOUNT r<4 11).C'S5 tr11i11 Rc, I di r'7n OF ONLINE SERVICES LICENSEE DETAILS 11:3137AM811WO22 Licensee Informatlon Apply for a Llconso Verify a Llaensno Vlew Food & Lodging Inspections File a Cornplalnt Continuing Education Cnurae Scorch View Application Status Find F,xam Information Unlicensed Activity Soorch AA&T Delinquent Invofco & Activity List Search Name; ZWERIN, JEFF ALAN (Primary Menlo) i NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC (013A Name) Main Address: 7712 R07ZIN1 LANE NAPLES Florida 34114 County: COLLIER License Localiarl: 13245 TAMIAMI TRAIL EAST NAPL.ES FL 34114 County: COLLIER License Information License Type; ._.. W.. ...-.• Certified Electriml Contractor Rank: Cart Electrical License Number: FC1300724O Status: Current,Active Licensure [date: 1112412015 Expires; 0613112024 Special Quallfication Effective Qualifications EE Additional I Business 11/24/2015 II Qualification ornate Naines Alt , View Related License Informollon Vlaw Liconso Gornplalnt _, i4L^ ,_,...... •..............2631 91elrslaati Road,Tallahnssee FL 32399 t: Emall: Customer co ' nfect Center:; Customer Contact Center: 854.487,1395 The Slate or Florlda Is an ANEEO amployar. CopyrighI 2007-201 a slate of l-IQdda, Prrvacy Stetelnertt Udder Flarlda law. orrPfl addresses are public records. II you do notwant your eme11 address released in response to a publEc•record9 roryuasl, do not smiuf oleatronic M011 Io lhls entlly. Instead, contact the office by phone or nyy traditional mall, If you have any 4uosllohs, please contact 050.487.1395. 'Pursuant Lo $action 456.276(f ), Floride Slalute% nffocllva October 1, 2012, licensees — ...6d under Chaplor 46g, I'•s, must provide tha Doparlment with eri email addresa it they have one. The emaHs provided maybe used lot offlciaf cemmunlcatlad with 1he Itceneea. However email sddresxos Eire public record. ll you do not wlsh to supply a perGrna it address, please provde tha Department wlrh an small address which can bo made avallahla to Iha public. Please sea our ehepwr 455 page to dotermine if you Oro affected by lhlg Change. 010 rtICE Or -FILIAL SITE Ot- THE {'Lill' DA Di<PARTMtN'f OF 11113INCSS) el I'IZ[7t I;:i;ltbhlAL, REGULATION ,� ;y F;i�ricln + [ , % Ue xtrkrnt.+7t e�f fill5li f++rti I SOME CONTACTUS MY nCc, UNT & Pl0f€ '.S1lontil Reg" It ilZr''A ONLINE SERVICES Apply for a License Verify a Llcansee View Food & Lodging InHpection,. File a complaint Continu4ng E:ducatipn Course Search VlewApplicatlon Status Find Exam Information Unlicensed Activity Search Afi&T 00inquenl hwaice & Activity List :search LICENSEE DETAILS 10:44:42AMS11112022 Licensee Information j Name: SNYDER, ROBERT R (Primary Name) R. SNYDER AIR CONDITIONING INC. (013A Name) Main Address: 11623 LACEWING LN NAPLES Florida 34114 county: COLLIER License Information License Type; Reylstered Air Conditlonlns) Contractor Rank: Rey Air License Nurnper; RA13067466 ` Status: Current,ACtiva Licensurs Date: D2.105J2011 Expires: 08131 /2023 Special Qualification EffoctiVe qu&Ilf)gatlons Class A 0210512011 k 1 Construction 0210512011 i Susiness Alternato Names View Related Ucensu Infarrllatian View Licence C'nrnplsint 2e01 SlaIr Stone Road Tallehaeeeo FL 32589 ;: Email: Guatomar Conlsei Center :: Cuslomw COMSGt Center: 115a.481.1395 The Slate of Florlde Is an AAIEEiD eniplayer. GopyrIgItt 2037.1010 Stale of Florida, Privacy Stalonlent Under Ktorida law, amall addfeseos era public records, II you do nol went your email address released in respensa to a public-tecorde roquaal, do not Sand alacironic elall to this entity, t,fstaad, conlaCt ilia since by phone or by tradltianal mall. If you hove any quostlone, plesisa eanlarl 650,487.1395. `f ursuanl to sacpon 455,275(1), Florlde stalulas, offal;1W aclaber 1, 2012, ticap noes licensed under Choptar 455, F.S. musl pravlde the ISaparlmenl wllh an email address if lhay havo one. The amalls provldad may bo used for olPgI0I cen+nwnlcallon vrillt ilia 11eawhkh canJbe made lAval able to the public P1s0se aaa our Ghaplar -i a psga to dotormine if you are atfeclad tty thle[Ito Clpe pg rlmonl wish an arnall address Request for Taxpayer rive Form to the Form Identification Number and Certification requester. Do not (Rev, Oclopar2018) send to the IRS. t}eperlmentottho7rowury Internal Revenue Service Pr fro to vvww.frs.gov1Form1N9 for instructions and the latest Information. 1 Name (as shown on your Income tax return), Name Is required on this Iina; do not leava this Iine blank. NATIONAL, SECURITY FIRE ALARM SYSTEMS R Suslnass nameldlsragarded nnllty name, II different from above 3 Cheek epproprinla Pox for federal tax ctsasiflcation of iho person whose name la entered on line 1. Chock only onn of the A Exemptions (codes Apply only to cartaln entitles, not indivfduais; see following seven boxes, Instrucll❑ns on page 3): 0. ❑ indlvldual/sole proprietor or ElCCorporation OSCorporration ❑ Partnership ❑Trust/arWo 0 single -member LLC Exempt payee coda Of arty) Q Limited liability company. Enter the tax claseiflcalion (C.G corporation, sr5 corporation. P-Partnershlp) q Note; Check the appropriate box In the line abavo for the tax classlrlcallan of the singte-member owner, Do net check Exemption from FATCA reporting LLC If the LLC Is etaeailled as a single -member I.I-C that Is disregarded from the owner unloss the owner of the LLC Is code (If any) another LI.0 that Is not disregarded from the owner for U.S, fodarai tax purpose®. Otharwlse, a sin@Ia•mamber LLO that r Is disregarded from the ownershouid check the appropriate box for the tax classification of its owner. F�=rJJdther(seeinstnrollans}► rAoelI9fftU-$Y 9 Address (number, street, and apt. or suite no.) See Instructions, Regvaslor's name and address (optional) 13245 TAMiAMi TRAIL EAST e Ctty, stale, and 21P code NAPLES FLW14 7 1- st account numbers) here (opilonuq Taxpayer Identification Dumber TIN Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security numher (SSN). However, for a resident allan, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entitles, It is your employer Identification number (EwIN). If you do not have a number, see flow to get a TIN, later. Note: If the account Is in more than one name, see the Instructions for line 1, Also goo What !Name and Number To Give the Requester for guidelines on whose number to enter. number Ram"n0©©"L Under penalties of perjury, I certify that: 1. The number shown on this farm Is my correct taxpayer Identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding becauso; (a) I am exempt from backup withholding, or (b) I have not been notlflad 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 Ins has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S, citizen or other U,5. person (defined below); and 4. The FATCA code(s) entered on this farm (if any) Indloaling that I am exempt from FATCA reporling is correct. Certification instructions, You must crass out Item 2 ebovo if you have been notified by the IRS that you are curfenlly subject to backup withholding becauso you have failed to report ail interest and dividends on your tax return. For real estate transactions, Itern 2 does not apply. For mortgage Interest paid, aoqulslllon or abandonment of secured property, cancellation of debt, contributions 10 an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the carlificatlon, but you must provide your correct TIN. Ses the Insifuctions for Part 11, later. 51 gn I signature of }lore U.S. parson ► General Instructions 8ecilon references are to the Internal Revenue Code unless olherwlse notod. Future developmenta. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to wv)w.lrs.{lovJFarmWB. Purpose of Form An Individual or entity tForm W-9 requester) who is required to He an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Indlvldual taxpayer Identification number (ITIN), adoption taxpayer Identification number MIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns include, but are not limited to, the fallowing. * Form 1099-INT (interest earned or paid) Dato 11r - Form 1099-DIV (dividends, Including those from stocks or mutual funds) * Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) a Form 1099-13 (stock Or mutual fund sales and certain other transactions by brokers) * Form 1099-5 (proceeds from real estate transactions) * Form 1099-K (merchant oard and third party network trnnsactlons) * Form logs (home mortgage lnteresl), ia98-F (student loan Interest), 1098 f (tultion) s Form 1099-C (canceled debt) ■ Form 1099-A (acquisition or abandonment of secured properly) Use Farm W-9 only If you are a U.B. person (Including a resident allan), to provide your correctrtlN, If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. cat. No.10231X Fnrm VV-9 (nev.10-2131ey �� EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Christopher Morra Justin Shalloo James Michelich Personnel Category Construction Superintendent Project Manager Project Forman io Construction Services Agreement: 12022_ver,31 C,i`t� R EXHIBIT B-1: PUBLIC PAYMENT BOND CITB# 22-8018 Bond No. 107734726 Contract No. 22-8018 KNOW ALL MEN BY THESE PRESENTS: That National Security Fire Alami Systems, TLC as Principal, and Travelers Casualty and Surety Company of America as Surety, located at 13245 Tamiami Trail East Naples FL 34114 (Business Address) are held and firmly bound toThe Board of county Commissioners of collier County, FL as Obligee in the sum of One Million, Six Hundred Seventy -One Thousand and 0/100 ($ 1,671,000.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for Contract # 22-8018 Collier County Jail Fire Alarm Replacement in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of Suits that may be filed by claimants, I WITNESS WHEREOF, the above parties have executed this instrument thisaay of 16� 242)— , 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: t2022_ver.3l Signed, sealed and delivered in the presence of: PRINCIPAL National Security Fire Alarm Systems, LLC BY: �r NAME: �il✓i-��2✓ /Ir1'�'r..•- ITS: STATE OFhy��GZ�'JC� COUNTY OF{ The foregoing instrument was aclnowledged before me by means of H"physical presence or ❑ online notarization, this cS 1 sr day of IJ6 t/P ` 202-2- , by of lja--fil-yicLf behalf of the corporation. take an oath. �%%II I+rr�� ' D. I 14%�,NN 6AOTARYO :• - v' PUBLIC ` ''� of (AFFIX OFFICIAL VL'), ATTEST: Witnesses to Surety as a / �cfolf�corporation, on Drsona <n to me OR has produced as identification and did (did not) (SignA re of Notary Public NAME: GY�C (Legibly Printed) Notary Public, State of k�- Commission No.: .,�! 2;/eq SURETY: Travelers Casualty and Surety Company of America (Printed Name) 350 Granite Street Suite 1201 Braintree, MA 02184 (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: [2022_ver.3] V-11" K'\� �� Witnes e STATE OF A� I)e rs��^�% COUNTY OF -1 v " J e I e c OR As ttorney in Fact Atta Powe orn y) p ®' N /�V��I /U (Printed ame) L/4-uA ^' Si k-g.ZA Gi_va (Business Address) L/b s'2`7y- 03®3 (Telephone Number) The foregoing instrument was acknowledged before me by means of Iff'physical presence or ❑ online notarization, this day of 20 2 t , by as 49 of 7,A-, a v5 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: 9 // 1-/ /z- y (AFFIX OFFICIAL SEAL) Q14j (Signatur e f Notary Public) Name: Ae- -,,- /-;✓�� P/---7_ (Legibly Printed) Notary Public, State of: Commission No.: G 26 J y 13 Construction Services [2022_ver.3 Agreement: s 1 �G_,, WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226128 Certificate No. 0 0 5 3 5 4. 2 0 5 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized tinder the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Alex Finkelman, Roy E. Finkelman, Corey Finkelman, and Erin Odess of the City of Providence , State of Rhode Island , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 30th day of January 2013 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pnsu,�lr P FARE a t"��M �XgG ri" �Ns q •. °,yTr axo iip Y��'" O 5,{� lFo �r1 �9y/am// t�N�..nv�wNi.yriD� O _ �mi£ !/f�•e'�Y: C. �ZW �OR.P....R..A...i41'"C VICO°�Ss ug e�'y FJ'tf1,%,.�..-• Ry c�,t� F�%1 '•,(/ a +/ ry ins Ste? ..._ Flot uCWr Npp, nCQ`M JB N t �� 1951 sEet;o, 2L ff a SEAL;%s ° y . � �i t• d . � ��Ncc 15 . Ar1'tari '.:�,.m...i'' <bi � ,.a�° f . State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 30th day of January 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �,TET In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 20t6. p Xej Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. OF ATTORNEY IS INVALID WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may 1 delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 _. Kevin E. Hughes, Assistant Sec tary GA6t1,� ok ............ G INC07Po(kTCD�oRPORA1951nc To verify the authenticity of this Power of Attorney, call I-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER EXHIBIT B-2: PUBLIC PERFORMANCE BOND CITB #22-8018 Bond No,107734726 Contract No. 22-8019 KNOW ALL MEN BY THESE PRESENTS: That National Security Fire Alarm Systems, LLC as Principal, and Iravelers Casualty and Surety Company of America as Surety, located at 13245 Tamiami Trail East Naples FL 34114 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL , as Obligee in the sum of One Million, Six Hundred Seventy -One Thousand and 0/100 ($ 1,671,000.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors, and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obligee for Contract # 22-8018 Collier County Jail Fire Alarm Replacement 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: 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., —) of 1—_LV1_ , 20,2,_ , 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: (2022_ver.3) r�3' Signed, sealed and delivered in t presence of: ,Wit sses as to Principal STATE OF KCAL dC :7-SC''7d COUNTY OF PRINCIPAL National Security Fire Alaimi Systems, LLC NAME: ITS: The foregoing instrument was acknowledged before me by means of Rphysical presence or ❑ online notari7,ation, this day of 202.7, by � er a �/��M/ corporation, on If of the corporation. He sh is onally know to me OR has produced as identification and did (did not) take an oath. ``�►111111/11' My Commission Exp,�"� w a° 20Nc pTAR Y ;oN �N�'• /bU130 g j��: (AFFIX OFFICIAL S��OF'RHpO��`` '.111111►0\ �vJQ ,mac (Signatd_rb of Notary Public) Name: Co be-rf D� (Legibly Printed) Notary Public, State of:&��/= Commission No.: 15 construction Services Agreement: [2022_ver.31`t ATTEST: Witnesses as to Surety n Witness STATE OF 0 hcle COUNTY OF 7o !/,-/, l SURETY: Travelers Casualty and Surety Company of America (Printed Name) 350 Granite Street Suite 1201 Braintree, MA 02184 (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fact ttac Powe r�fif7�ttgrne$� (Printed N mL:A A r 0 v � (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me by, ieans of E physical presence or ❑ online notarization, this _ day of WC 6 C - 1 20 2.2.. , by of a Us corporation, on behalf of the corporation. He/she personally known to me OR has produced as identification and did (did not) take an oath. � J� My Commission Expires: � ' �/`i�2y l (Signature�otary Public) (AFFIX OFFICIAL SEAL) �.'� �ARff �•'• �a PU130G ®'®��`,®vo i (Legibly Printed) Notary Public, State of: 2 —r Commission No.: c12-43`/ 16 Construction Services Agreement: (2022_ver.31 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A`/ XIMN, POWER OF ATTORNEY TRA" ELERS I " Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226128 Certificate No. 005354205 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Alex Finkelman, Roy E. Finkelman, Corey Finkelman, and Erin Odess of the City of Providence State of Rhode Island , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2013 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 30th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GASU,� nUa�U F\RE� �� S �`••., TYA • � ........N92 p�P N�°G �WeSuanY 4\O�ySTY(ry�C 1,,tPORA ° t 1 9 8 2 0 $ •) 977 r(nNhZ4TfD "'1 xe a. F.a : icoR -_ 1p, ; ) I e , ° u HARTFORD, nO,t �S <O �SEALjo^t '; Conn. � covtt..+`/e ;r, 18ss �•..;.r SBAL.•D H • \ .�, !S � Aa ,r '"r ^......FN rova State of Connecticut City of Hartford ss. By: RobertL. Rancy, enior Vice President On this the 30th day of January 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,tAI In Witness Whereof, I hereunto set my hand and official seal ��i' My Commission expires the 30th day of June, 2016. AI/OL�� Marie C. Tetrcault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWFR OF ATTORNFV IS INVAI In IAnTI-inl IT TUC ❑cn ononco This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seat bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this / o day of / � 20' X'. 6::::' rl� Kevin E. Hughes, Assistant Secigtary GAS U,�� y�"g�rNF�•TYU(c,FIRE 4 i�TN 1 G JJP NS A9"'*. JP�SY ANOs lyp SLpOy �Jj'(I�._ U ap• 1r A .� 6 G �< ?y T: pPOfl > G i' •v'4 �: a /' �w � � rC0 fl>e2 3Pi pPONA (': 0 'yin u ' �_' E (pz ;m a; o- a wurroao, < tturtrarax rS < a 1951 a �`•SEALjoI 1 wntl, g caa+. �E teas a �•., n.SSA L0 a 'v o +E a �. oa$ .• i a: .: e� yr 1 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING -THIS POWFR OF ATTORNFY IS INVAI In WITHOMTHF RFn RORnFR 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 Ceunty, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severabiiity 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: [2022_ver,3] i 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: [2422_ver Collier County Florida Insul,ance and Bonding; Requirements Insurance f Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and ail 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 applicatlon for exemption can be obtained online at Ittt s:f a fldfs,co boeexem 1 2, Employer's Liability $_1,000,000_ single limit per occurrence 3. Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned alier the $_1,000,00D single limit per occurrence, $2,000,000 aggregate for Bodily Property Damago Liability. The General Aggregate Limit Shall current ISO form Injury Liability and be endorsed to apply por project, 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 Conlractor/Vendor shall harmless Collier County, its officers and employees from defend, indemnify and hold any and all liabilities, damages, losses and costs, including, but not limited to, rcasonablc attorneys' fees and paralegals` fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyono employed or utilized by the ContractorlVendor in the performance of this Agreement. 5. N Automobile Liability $�1,000,000 Each Occurrence; Bodily Injury & Property Damage, owned/Non-owrted/I-Iired; Automobile Included d. ❑ Other insurance as ❑ Watercraft $ _- Per Occurrence noted: ❑ United States Longshoreman's and I-larborworker's Act coverage shall be maintained wheivo applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the eontplelion of the work. $ Per Occurrence [] Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence Wapplicable to the completion oftho Services under this Agreement. $ Per Occurrence [l Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per OGCUI'rence ❑ Valuable Papers insurance [] Cyber Liability ❑ Technology Errors & omissions $ Per Occurrence g Per Occurrence $_ Per Occurrence 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of oredit, a cash bond posted with the County Clerk, or proposal bond in a slim equal to 5% of the cost proposal, All checks shall be made payable to the Collier County Hoard 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 submmitted 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 imanoial size category and the anmount 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 10 03 8. 9. R Vendor shall ensure that all subcontractors conhply with the same insurance requirements that he is required to meet. The sume Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Z 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 ben4t of, the Additional insured and the Vendor's policy shall be endorsed accordingly. 11, Ig 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 ail work performed on behalf of Collier County. 12. Z on all certificates, the Certificate Holder mhrst rend: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 3 4112 13. 0 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 tho interests of Collier County as well as the Contractor. peemitims shall be billed to the project and the Contractor shrill not include Builders Risk premiums in its project proposal or projow billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 00 — MEW Vendor's Insurance Acceptance I3y submission of the bid Vendor Accepts and understsnds 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. 0 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 its subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20 for the period from ___ to _ _. 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, Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: President [Corporsto Seal] The foregoing Instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of I 2Q by I 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: (AFFIX OFFICIAL SEAL) (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No,:. _ cl ) 19 Construction Services Agreement: [2022_ver.3] EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNFR or Collier County Water -So wor- Owner'S PTOjCCt Bid No. Manager's Name: Project No. Count '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 Gate: $ 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 a ment s Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time % 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. C,l� 4 Construction Services Agreement: 120224ver.31 EXHIBIT D (Continued) SCHEDULE OF VALUES Project Namo: Projott Numbor: Uate: Pnrlod To: ITEM NUMBER DESCRIPTION SCHEDULED VALUE WORK COMPLETED $TORPU MATERALS TOTAL COMPLTrEll L STORED TO DATE PERCENT COMPLETE BALANCE TO FINISH 5% RETAINABE 96 RETAINAM I,.d... dr.t.l TOTAL RETAINAGE WITHHELD PREVIOUS APPLICATIONS THIS PERIOD THRUDAT£ I SINGEDATE TOTALS . Explanatlon for the two columns under PreVIOUs Applications: The Thru Date is where you will place all Infwmatiort until the contract IS complete unless a release or reduction of retain age issue comes into play. If this happens, all Informatlor up to the date of the % change in retalnage 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 to retalnage. 4 fit? 21 Construction Services Agreement: (2022_ver.3] Exhibit D (Continued) Stored Materials Record Formula: A+ B- C- D= E A B C D E Balance Invoice Previously Received Previously Installed To late Description Supplier Number Received This Period Installed This Period Install 22 Construction Services Agreement [2022_ver.3] EXHIBIT E: CHANGE ORDER C� P,r Gill Procurement Services Chango Order Form ❑ Contract Modification ❑ Work Order Mod ifIcatlon Contract#: L:� Change A= Purchase Order#: Project #: Contractor/Firm Name: ContractlProject: Project Manager Name;) f Division Name: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Lest BCC Approval Date; Agenda Item # Current ContractANork Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #[)IVJOI Total Change from Original Amount Revised ContractlWork Order Total $ 0,470 1 #DI lal Change from Current BCC Approved Amount Cumulatke Changes $ ❑.nn #Dllfidl Chan n from Current Amount Completion Date, Descrlptlon of the Task{s) Change, and Rationale forthe Change Notice to Proceed Origin Last Approved Revised Date Date Completion Date Date {includes this charge} # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(a) ❑ Change task(s) ❑ Other Provide a response to the following: l.) detailed and specific explanatlonlratlonale of the requested change(s) to the task(s) and I or the additional days added (If requested); 2.) why this change was not included in the original contract; and, 3,) describe the Impact u 4h1c when ,e In nnr nrnrosswrl_ A11aeh addlllonal infeirmatlon from the Desicn Professional andlor Contractor If needed. Prepared by: date; (Project Manager Name and Division) Acceplance of this Change Order shall constitute a modification to contract 1 work order Identified above and will be subject to all the same terms and conditions as contained In the contract I work order Indicated above, as fully as if the same were stated In this acceptance. The adjustment, If any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor I Vendor 1 Consultant I Design Professional artsing out of or related to the change set form herein, including claims for impact and delay casts. Accepted by: set applicable} Date: (Contractor 1 Vendor 1 Consultant 1 I]eslgn Professional and Name of Firm, Vf proj Accepted by, Date' (Design Professional and Name of Firm. If project applicable) Approved by' Date_ (Plvislen Director or Designee) Approvod by Date' _ (Procwement Professional) iievi4ed 01114 ?O;J.l nldy 11 4t1119P WrtnlNral %itlnOW90111 nihyilldud(1 tin gGUllralit 9ilElCt.i ,,,,.,aMa ifflt WQl 11 FY�+ L t 23 Construction Services Agreement: (2022 ver.0 Change Order/Amendment Summary COST TIME CQ# I AMD# Description Additive Deductive PMS New Justification r++1 1-1 Added I AmOUnt Revised, OV142021 (Divisions who may fLnuire 3dtMju()jrl r;njaatargA fnaV inrlude on seposate �taett,j r...PrtOcuiernT'ua� ora�x AtlRYWI Hwl N,'Cv8F4 24 Construction Services Agreement [2022—ve a]. l'� OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design professional's Project No. 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: RESPONSIBILITIES: 25 Unstruction $ervices Agreement, [2422 ver.31 l� C• 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 Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on M CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 1 20 OWNER By: Type Name and Title 20 26 Constructlon Services Agreement: 12022—ver EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No-: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date, 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 farm), 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance rnanuals 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 NIA. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor; By Design Professional: By Owner: (Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name &'Title) 27 Construction Services Agreement: (2022_ver.3] C, 1 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT ❑OCUMENT& 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 imp4ication, 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. 28 Construction Services Agreement: (2022_uer.31 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 (1 g) 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 2s Construction Services Agreement, [2022_ver 3] �Cl C. 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 Sid 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 tan (10) business days after the Application for Payment is 30 Construction ServicesAcgreemeot: (2022_ver.31 ow 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 summit 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. 4.0 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement [2422_ver.3] 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. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. C. FINAL PAYMENT. 5.1 Owner shall make final payment to Ccntractor 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 32 Construction Services Agreement (2422_ver.3] 00P 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, 7. SUBMITTALS AN❑ 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 ❑r 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 rot 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, ail 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. 7A 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. 33 Consiruction Services Agreement: [2022yver.31`} 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 evidences{ by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute, The Project Manager will record time required by the Project Manager and the Project Manager's 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 resign 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 followings 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 Sail 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 34 Construction Services Agreement: [2022�ver,3] 4..y made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final 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 Tamiarni Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReg uest colliercount fl. ov 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 35 kr'1 Construction Services Agreement: [2022_ver.3] ' ` agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. 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 forwhich 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 wiil 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: (1) 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. 36 Construction Services Agreement: (2Q22_ver36 (',6.4}l 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. 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 t❑ have waived any clairn 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 Claitn 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 37 Construction Services Agreement: [2022_ver.31 �[� the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim 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 falls to send the above required forty-eight (48) hour notice, the Contractor wild 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, includirg, 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 3s Construction Services Agreement' I2022_ver.3] OC-W any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13,3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bondin 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 (NHS) 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 (ITS) and Request for Proposals (RFP) including professional services and construction services. Contractors J 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'sfbidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 3� Construction Services Agreement: [2022 ver.3] 0 If the BidderlContractor does not comply with providing both the acceptable E-Verif 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 1985 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 park herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES, 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors_ 40 Construction Services Agreement: [2022_ver.3] 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($)_ 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, tape assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement: [2022_ver 3] C�,c 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 ❑f 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 Contractors 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 AN❑ RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor, In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement: (2022_ver.3)0�0 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 Worst (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, 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 43 Construction Services Agreemerit: [2022_ver 31 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 Prcject 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 sale expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work, If required by Project Manager, 44 Construction Services Agreement; [2022_ver,3] ��O 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 Worse 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 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 45 Construction Services Agreement. [2022_ver,3] 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 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25,2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and design Professional. The Owner or Design professional 46 Construction Services Agreement: [2022_ver, 3] f`, shal# 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 tc 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. t Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement: [2422_ver.3} �p�L� 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.E All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal Injury, economic loss or damage to Owner's facilities or personal property therein; 48 Construction Services Agreement: [2022 ver.31 C� 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 shalt 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 (1 0) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below, 49 Construction Services Agreement: [2022_ver,31 1� p 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner, 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33, SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence Of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction services Agreement; (2022 ver.3l Cop) 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 autornobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work, The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.63 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 51 construction services Agreement: [2022_ver.3] ��Cl 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 341.4 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 34.1.16 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34,1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1,28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying_ 52 Construction Services Agreement: [2022yver.3], 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 lender this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS colliercount fl. ov) 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 additionai fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters_ 37. VALUE ENGINEERING, All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement' [2022_ver,3] 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30I30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes, and STI, UL, PEI, ASME, NACE, NLPA, NISI & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing I will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-250B prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials I 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 caurteous. 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 ❑f 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 Lander 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. 54 Construction Services Agreement, (2022 ver.3] EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Attached hereto, following this page XF Not Applicable 55 Construction Services Agreement: [2o22_ver,3](�