The URL can be used to link to this page

Agenda 06/13/2023 Item #16C1 (ITB #23-8064 North County Regional Water Treatment Plant Roof Improvements - $1,222,591.00)16.C.1 06/13/2023 EXECUTIVE SUMMARY Recommendation to award Construction Invitation to Bid ("ITB") No. 23-8064, "North County Regional Water Treatment Plant Roof Improvements," to Advanced Roofing, Inc., in the amount of $1,222,591.00, and authorize the Chairman to sign the Agreement. OBJECTIVE: To replace the North County Regional Water Treatment Plant ("NCRWTP"), roofs that are at the end of their useful life, with a new roofing system that includes hurricane resilient features. CONSIDERATIONS: The NCRWTP provides potable drinking water to the Collier County Water Sewer District ("CCWSD") and includes essential infrastructure such as plant controls, water treatment equipment, and Supervisory Control and Data Acquisition ("SCADA") systems. The original roof system has been in place for over 30 years, has reached the end of its useful life, and is in need of replacement. The proposed new roofing system includes hurricane resiliency upgrades, such, as a modified bitumen roofing system that meets the Florida Building Code requirement of 180 mph winds and includes enhanced lightning protection. The construction will be coordinated and scheduled as to not cause any disruption to operations or services. On January 24, 2023, the Procurement Services Division advertised ITB No. 23-0864 "North County Regional Water Treatment Plant Roof Improvements." The County received four bids by the March 2, 2023, deadline as summarized below. Staff extended the bid deadline for an additional seven days and conducted additional vendor outreach to stimulate interest in competing for this project. Respondents: Company Name City County State Bid Amount Responsive/ Responsible Advanced Roofing, Inc. Tampa Hillsborough FL $1,222,591.00 Yes/Yes A-1 Property Services Group, Inc. Miami Miami -Dade FL $1,284,567.80 Yes/Yes Rycars Construction, LLC Tampa Hillsborough FL $1,376,200.00 Yes/Yes Benton Roofing, Inc. East Flat Rock Henderson NC $1,433,012.25 Yes/Yes Advanced Roofing, Inc. submitted the lowest bid. Staff and the project design engineer, Highspans Engineering, Inc. ("Highspans Engineering"), determined that this bid is fair and reasonable and recommends awarding the bid to Advanced Roofing, Inc. The low bid is 26 percent lower than the engineer's estimated cost ($1,647,599.30). The opinion of probable cost provided by the engineer is based on the construction costs during the second quarter of 2022 and included cost escalation due to inflation and/or supply chain complications. In a letter dated March 14, 2023, the design professional, Highspans Engineering, recommends award to Advanced Roofing, Inc. The Bid Tabulation, Bid Analysis, and the Engineer's letter of recommendation are attached. Advanced Roofing, Inc. has been licensed in the State of Florida since 1983 and has been doing business with Collier County for the past four years with its main office located in Fort Lauderdale, Florida, and satellite offices in Tampa and Fort Myers, Florida. The bid specifications informed the bidders that there may be unforeseen conditions associated with the project. Staff will negotiate all pricing for any unforeseen conditions prior to the start of any additional work to ensure that it is fair and reasonable. Staff requests that the Board approve the award of ITB No. 23-0864 to Advanced Roofing, Inc. in the amount of $1,222,591.00, and authorize staff to open a Purchase Order. FISCAL IMPACT: Funds are available in the Water Capital Fund (4012). The project is expected to be Packet Pg. 842 16.C.1 06/13/2023 completed in 2023 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities 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. 23-0864, "North Collier Regional Water Treatment Plant Roof Improvements" to Advanced Roofing, Inc., in the amount of $1,222,591.00, and authorize the Chairman to sign the attached agreement. Prepared by: Matthew Fortune, Project Manager, Public Utilities Department ATTACHMENT(S) 1.23-8064 Bid Tabulation (PDF) 2.23-8064 COI_AdvancedRoofing (PDF) 3.23-8064 DELORA (PDF) 4.23-8064 Notice of Recommended Award Executed (PDF) 5. [Linked] 23-8064 Contract AdvancedRoofing_VendorSignedWithBonds_Reduced (PDF) Packet Pg. 843 16.C.1 06/13/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doe ID: 25426 Item Summary: Recommendation to award Construction Invitation to Bid ("ITB") No. 23-8064, "North County Regional Water Treatment Plant Roof Improvements," to Advanced Roofing, Inc., in the amount of $1,222,591.00, and authorize the Chairman to sign the Agreement. Meeting Date: 06/13/2023 Prepared by: Title: — Solid and Hazardous Waste Name: Jennifer Anderson 05/05/2023 1:30 PM Submitted by: Title: Plant Manager — Water Name: Howard Brogdon 05/05/2023 1:30 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Barbara Lance Additional Reviewer Water Howard Brogdon Additional Reviewer Engineering and Project Management Matthew McLean Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Public Utilities Department Andrew Youngblood Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department Megan Gaillard Level 2 Division Administrator Review Procurement Services Sandra Herrera Procurement Director Review County Attorney's Office Scott Teach Level 2 Attorney 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 Corporate Compliance and Continuous Improvement Megan Gaillard Community & Human Services Maggie Lopez Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/05/2023 2:50 PM Completed 05/05/2023 5:08 PM Completed 05/08/2023 1:27 PM Completed 05/11/2023 2:52 PM Completed 05/16/2023 1:24 PM Completed 05/19/2023 4:39 PM Completed 05/22/2023 4:26 PM Skipped 05/24/2023 12:17 PM Completed 05/24/2023 7:12 PM Completed 05/25/2023 3:01 PM Completed 05/26/2023 8:19 AM Completed 05/26/2023 4:27 PM Additional Reviewer Completed 05/26/2023 4:46 PM Completed 05/31/2023 11:32 AM Completed 06/01/2023 9:25 AM 06/13/2023 9:00 AM Packet Pg. 844 as}eM !euo!BeN Aluno:) 4PoN.. ti908-£Z 'ON 'ON PS pJBmV of : 9ZVGZ) uolleingel p!8 ti908-£Z :;uowLj3e;jV Lo Iq �00000000�M M 0o oN L6 oo u amao °n° voiwo w d E m o 0 0 0 0 0 0 0 o V o a u > > a ^orO1iooa�u°1ioroN o ^ _ o rri�N 6 i O .. a v' 0 0 o: c 0000� v"'i000 0 u oo�o ovi com oni o _ yo r°fi m oo 06 .z 6g "' F o ni�^i ao ^�600� ono F z ^ o ovoi�o�o 0o voi ^ • �o ego �6 evio�n7e O 0 0 0 0 0 0 0 0 0 0 0 0 o aoo,6�o6 Lr sd w re vio�N F _ o o N o 0 o 0 o 0 o m oYogmrvoS0000^° O N.•imo�n viooro e o 2 oo�0000000 n oo�mrvoS000� rry.•imc�n vico�c a Z o 0 o 0 0 0 o o 0 0 0 � J � �v� mo`•' o OM m � — ,n - .n - ,n - ,n — h N 7-7 d o 0 0 0 0 0 0 0 0 0 G m zry�oro�ro�a;mm o _ o a m^ n o m m c �o�m�moo��ma"N o 3 J d a m n d w o= u 0 i m N O E E E _ 6 z d z i E 0 o i a w w w w w w ........... w • o o o o o o o o w w w w w" yiw w w w E LL o n € E 9 V LL + O _w LL '9wO d � LL y Y y W o m< Y w •t uwi c O O .wr LL w— w L w o m'^��000"�� 12 NK « y NET r'N H ro S U>�al ---"*1 16.C.1.b ACC?R " CERTIFICATE OF LIABILITY INSURANCE 74/10/2023E(M 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 be endorsed. If SUBROGATION IS WAIVED, subject to Q the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the + s certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Q NAME: r Frank H. Furman, Inc. PAC.HONE (954) 943-5050 FAX (959)992-6310 S No Ext : A/C No 1314 East Atlantic Blvd. E-MAIL haase@furmaninsurance.com ADDRESS: P . O. BOX 1927 INSURERS AFFORDING COVERAGE a NAIC # Pompano Beach FL 33061 P INSURER Greenwich Insurance Company ' 22322 F INSURED INSURER B : Starr Indemnity & Liaiblity Company 38318 c Advanced Roofing Inc INSURER C:Brid efield Employers Ins Co 10701 e 4909 W Knollwood Street INSURER D: Continental Casualty Co 20443 PO Box 15676 INSURER E :Federal Insurance Company 20281 S ( Tampa FL 33634 INSURER F: _ COVERAGES CERTIFICATE NUMBER:Jan 23 Tampa 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 INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,( A CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,( X MED EXP (Any one person) $ 10,( Contractual & XCU incl X Y CGS740979404 1/1/2023 1/1/2024 X Broad Form PD PERSONAL &ADV INJURY $ 2,000,( GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,( POLICY PRO- JECT FX I LOC PRODUCTS - COMP/OP AGG $ 4,000,( $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,( X BODILY INJURY (Per person) $ A ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS CAH740979504 1/1/2023 1/1/2024 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS X AUTOS PIP -Basic $ 10,( UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,( X AGGREGATE $ 10,000,( B EXCESS LAB CLAIMS-MADE 1000588143231 X DED RETENTION $ 0 $ excess over GL, AL, EL 1/1/2023 1/1/2024 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N X PER OTH- STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y ❑ (Mandatory in NH) N /A 830-56020 1/1/2023 1/1/2024 E.L. EACH ACCIDENT $ 1,000,( E.L. DISEASE - EA EMPLOYEE $ 1,000,( If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000, D Instal Floater 5% W/H 2500 AOP 4016260407 1/1/2023 1/1/2024 Each Jobsite 5,500,( E Crime/EE Theft of Client Prop 82494026 1/1/2023 1/1/2024 Per Loss/Deductible 500,000/15,( DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Board of County Commissioners are included as Additional Insured for General Liability on a Primary and Noncontributory basis as required by written contract. General Liability contains a Waiver of Subrogation in favor of the Additional Insured as required by written contract. Umbrella Liability is following form over General Liability, Automobile Liability and Workers Compensation. 30 days' notice of cancellation applies except 10 days for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION Patrick.OQuinn@colliercountyf Collier County Board of County Board of County Commissioners 3295 Tamiami 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 Tina Mangum/MR -u*R-r...� © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) Packet Pg. 846 16.C.1.c Hi Spans ENO INBBRING.INC. Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 March 14, 2023 RE: Design Entity Letter of Recommended Award Solicitation No 23-8064 NCRWTP Roof Improvements Dear Matthew Fortune, Bids were received for the above -referenced project by Collier County on March 7,2023. HighSpans Engineering has completed our review of the bid submitted by the lowest bidder for this project, and we are pleased to provide the following award recommendation. The scope of the NCRWTP Roof Improvements project includes performing preventative re -roofing for five (5) buildings with a total of approximately 29,000 square feet for the North County Regional Water Treatment Plant (NCRWTP). The modified bitumen roofing system must provide a NDL 20- year warranty, and a 1-year installer's warranty. Collier County Procurement's review of the bid tabulations determined that the apparent low bidder is Advanced Roofing with a bid of $1,222,591.00. HighSpans Engineering was provided with the bid Schedule for Advanced Roofing. Advanced Roofing bid is approximately 26% lower than the Engineer's Opinion of Probable Construction Cost (OPC) of $1,647,599.30. References were provided, and the 2 of the 5 references were completed. Vendor Reference Check Logs for each reference are attached hereto. The project references provided by Advanced Roofing were all contacted, HighSpans Engineering determined the references contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. Based on the favorable performance reviews provided on the Vendor Reference Logs and its licensing, it appears that it is a qualified firm to conduct the requested work. Based on the above information. HighSpans Engineering recommends Advanced Roofing be awarded the NCRWTP Roof Improvements project in the amount of $1,222,591.00. Should there be any questions, please feel free to contact our office. A Sincerely,E IV �•`�t�N�....�Iq� No 60524 Vince Zaliauskas, P.E. 60524=_ HighSpans Engineering, Inc.: STATE GF ;iO�F F4GRIOP.�tJ�� 0NAL E`��• 2121 McGregor Blvd. #200 For4'MVVrs, FL 33901 Tel. 239.433.3000 Packet Pg. 847 Clew Count y Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8064 Reference Check by: Bob White Solicitation Title: NCRWTP Roof Improvements Date: 3/10/2023 Bidder's Name: Advanced Roofing Phone: 433-3000 Design Entity: HighSpans Engineering, Inc. REFERENCED PROJECT: Pinellas County Purchasing Project 400 S ft. Harrison Ave., 6tn Floor Annex Bldg., Project Name: Department -Star Center Location: Clearwater FL, 33756 Project Description: Coating/TPO Contract Completion Date: 01/2022 Value: $403,075.52 Project Owner/Title: Pinellas County/ Purchasing Analyst 400 S ft. Harrison Ave., 6th Floor Annex Bldg., Clearwater Owner's Address: FL, 33756 Phone: 727-453-6539 Owner's Contact Person: Brad Grabo E-Mail: bgrabo@co.pinellas.fl.us 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. Change order due to unforeseen conditions with existing roof problems during construction. Communication difficulties with field personnel and crew changes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No issues with warranty. 7. Additional comments: Difficulty with updating security for new personnel being rotated throughout the project. 16.C.1.c 0 Z Packet Pg. 848 Clew Count y Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8064 Reference Check by: RMW Solicitation Title: NCRWTP Roof Improvements Date: 3/9/2023 Bidder's Name: Advanced Roofing Phone: Design Entity: HighSpans Engineering, Inc. REFERENCED PROJECT: Project Project Name: Lee County Jail — Core 1 Location: 2501 Ortiz Avenue, Fort Myers FL 33905 Project Description: Reroof-Mod Bit - Contract Completion Date: In progress Value: $776,615.00 Project Owner/Title: Lee County Owner's Address: 2115 Second Street, 15t floor Phone: 239-533-8864 Owner's Contact Person: David Jones E-Mail: DJones2@leegov.com 16.C.1.c 1. Was project completed timely and within budget? (If not, provide detail) o Yes Z m 0 00 M 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) N Yes O Z O Z 3. Was the construction process performed satisfactorily? (If not, provide detail) -a m Yes L R 3 Q 4. Did the process run smoothly? Were there any changes? Describe below. 0 Yes. One change order for time due to equipment / material delivery delays. co LO N LO N_ S. Was the contract closeout process performed satisfactorily? (If not, provide detail) Q Contract not closed out yet, final walkthrough later this month. O J W 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? c Contract not closed out yet, final walkthrough later this month 00 M N a-: C O 7. Additional comments: E t U Q Packet Pg. 849 Clew Count y Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8064 Reference Check by: RMW Solicitation Title: NCRWTP Roof Improvements Date: 3/13/2023 Bidder's Name: Advanced Roofing Phone: Design Entity: HighSpans Engineering, Inc. REFERENCED PROJECT: Project Project Name: Florida Heart Associates Location: 1550 Barkley Circle, FT Myers, FL 33907 Project Description: Modified Bitumen — Re -Roof Contract Completion Date: 04/2018 Value: $421,086.00 Project Owner/Title: Florida Heart Associates/ Manager 1550 Barkley Circle, FT Myers, Owner's Address: FL 33907 Phone: 239-938-2109 Owner's Contact Person: Lisa Harris E-Mail: Iharris@flaheart.com 1. Was project completed timely and within budget? (If not, provide detail) 16.C.1.c cc 0 0 M N 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) 0 z 0 z 3. Was the construction process performed satisfactorily? (If not, provide detail) m L R 3 Q 0 4. Did the process run smoothly? Were there any changes? Describe below. F_ co LO N LO N S. Was the contract closeout process performed satisfactorily? (If not, provide detail) O J W 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? 000 M N C E 7. Additional comments: 3 attempts made, could not make contact. Q Packet Pg. 850 Clew Count y Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8064 Reference Check by: RMW Solicitation Title: NCRWTP Roof Improvements Date: 3/13/2023 Bidder's Name: Advanced Roofing Phone: Design Entity: HighSpans Engineering, Inc. REFERENCED PROJECT: Project Project Name: Manatee County Jail Location: 4470 Harlee Road, Palmetto, FL 34205 Project Description: New fibertite 45 MlLsingle-ply with 1.5" poly -ISO -RE -roof Contract Completion Date: 01/2021 Value: $384,979 Project Owner/Title: Manatee County Jail 1112 Manatee Avenue West Owner's Address: Suite 803 Phone: 941-748-4501 Owner's Contact Person: Charles Frazier E-Mail: Charles.Frazier@mymanatee.org 1. Was project completed timely and within budget? (If not, provide detail) 16.C.1.c cc 0 00 M N 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) 0 Z 0 Z 3. Was the construction process performed satisfactorily? (If not, provide detail) m L R 3 Q 0 4. Did the process run smoothly? Were there any changes? Describe below. F_ co LO N LO N S. Was the contract closeout process performed satisfactorily? (If not, provide detail) O J W 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? 000 M N C E 7. Additional comments: 3 attempts made, could not make contact. Q Packet Pg. 851 Clew Count y Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8064 Reference Check by: RMW Solicitation Title: NCRWTP Roof Improvements Date: 3/13/2023 Bidder's Name: Advanced Roofing Phone: Design Entity: HighSpans Engineering, Inc. REFERENCED PROJECT: Project Project Name: Public Defenders Office Location: 700 E Twiggs Street, Tampa FL 33602 Project Description: New lightweight concrete and modified bitumen- Reroof Contract Completion Date: 07/2020 Value: $519,00.00 Project Owner/Title: Hillsborough County Owner's Address: 601 E Kennedy Blvd, Tampa FL Phone: 813-399-2068 Owner's Contact Person: Craig Clements, PM Manager E-Mail: ClememtsC@HillsboroughCounty.org 1. Was project completed timely and within budget? (If not, provide detail) 16.C.1.c v m 0 0 M 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) N 6 z 0 z 3. Was the construction process performed satisfactorily? (If not, provide detail) -a m L R 3 Q 4. Did the process run smoothly? Were there any changes? Describe below. 0 co LO N LO N_ S. Was the contract closeout process performed satisfactorily? (If not, provide detail) Q O J W 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? c 0 M N C 7. Additional comments: E t 3 attempts made, could not make contact. Q Packet Pg. 852 DocuSign Envelope ID: 1DCF2E03-2E64-45D4-86B5-B8BF5243ADFC 16.C.1.d Corr County Procurement Services Division Notice of Recommended Award Solicitation: 23-8064 Title: North County Regional Water Treatment Plant Roof Improvements Due Date and Time: March 2, 2023, at 3:00 pm Respondents: Company Name City County State Bid Amount Responsive/Responsible Advanced Roofing, Inc. Tampa Hillsborough FL $1,222,591.00 Yes/Yes A-1 Property Services Group, Inc. Miami Miami -Dade FL $1,284,567.80 Yes/Yes Rycars Construction, LLC Tampa Hillsborough FL $1,376,200.00 Yes/Yes Benton Roofing, Inc. East Flat Rock Henderson NC $1,433,012.25 Yes/Yes Utilized Local Vendor Preference: Yes 0 No - Recommended Vendor(s) For Award: On January 24, 2023, the Procurement Services Division issued Construction Invitation to Bid (ITB) No. 23-8064, North County Regional Water Treatment Plant Roof Improvements, to thirty-five thousand eighty (35,080) vendors. Fifty-eight (58) viewed the bid package and the County received four (4) bids by the March 2, 2023, deadline. Staff reviewed the bids received, all vendors were deemed responsive and responsible, with Advanced Ropofing, Inc. being contacted to resolve a minor irregularity. Staff determined Advanced Roofing, Inc. is the lowest responsive and responsible bidder. Staff recommends the contract to be awarded to Advanced Roofing, Inc., the lowest responsive and responsible bidder, for a total contract amount of $1,222,591.00. Contract Driven - Purchase Order Driven 0 Project Manager: Required Signatures by: 14F1469863994E2... IocuSigned by: Procurement Strategist: I &w� 0-�_a"_,' 3/21/2023 14490C19A3D448F... Procurement Services Director: FDocuSigned by: � H Sa CW4?WeFS... 3/21/2023 Date 0 z 'm M 3 Q 0 m N 1* LO 54 Packet Pg. 853 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner') hereby contracts with ADVANCED ROOFING, INC. ("Contractor') of 1950 NW 2211d Street, Fort Lauderdale, FL 33311, a Florida profit corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "NORTH COUNTY REGIONAL WATER TREATMENT PLANT ROOF IMPROVEMENTS," Invitation to Bid No. 23-8064 ("Project"), as said Work is set forth in the Plans and Specifications prepared by HIGHSPANS ENGINEERING, INC., the Engineer and/or Architect of Record ("Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section I. 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 Two Hundred Twenty -Two Thousand Five Hundred Ninety -One Dollars ($1,222,591). 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.ciov/c570/c570.html#certified. Should the Contract Amount be less ' CAn Construction Services Agreement: [2022_ver.3] than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred fifty (150) 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 throughoutthe Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One - Thousand -Six Hundred Dollars ($1,600) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. if the last day of any such period falls on a Saturday CAO 2 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 calendardays orworking 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. & Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation No. 23-8064 "NORTH COUNTY REGIONAL WATER TREATMENT PLANT ROOF IMPROVEMENTS." Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendum Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond 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 CAO Construction Services Agreement: [2022_ver.3[ 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 ® Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation No. 23-8064 "NORTH COUNTY REGIONAL_ WATER TREATMENT PLANT ROOT~ IMPROVEMENTS." The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync,com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box (®} expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: HIGHSPANS ENGINEERING, INC. ®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 Solid & Hazardous Waste Management 3339 Tamiami Trail East, Suite 302 Naples, FL 34112 Attn: Matthew Fortune, Project Manager II Phone: (239) 252-5397 Email: Matthew.Fortune@ Coll ierCountyFL.Gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: ADVANCED ROOFING, INC. 4909 West Knollwood St Tampa, FL 33634 Attn: Bill Lester, Branch Manager Secondary Contact: Steve Schoen Phone: (813) 885-5811 1(954) 405-7573 Email: BiIIL@advancedroofing.com 1 steves@advancedroofing.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement: [2022_ver.31 CAo 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 l O. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Seyerability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 CAo Construction Services Agreement: 12022_ver.31 Section 16. Chanae 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 CAO 6 Construction services Agreement: 12022_ver.3l IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) Indicated below. TWO WITNESSES' �Unc7z)10 FIRST WITNESS Print Name OND WI SS Print Name Date: ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller BY: Approved as to Form and Legality: County Attorney Print Name CONTRACTOR: ADVANCED ROOFING, INC. Y RID h rx s I �� laoa3 Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Rick LoCastro, Chairman 7 Construction Services Agreement: (2022_ver.31 (600 CAO EXHIBIT A-9 : CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: [2022_ver.3[ C NO C.) o 0 g 0 o 0 q 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N N O O O V 00 LA V7 V mw n .n m m m V W o rl m 0 q H m r d m V m h N C c m m o o N to O pp V co 0 m m m m oo N rn M N N o m oo 0 ry q n O M N V w N N N N fA N N N N N N N N w 0 a 0 o 0 0 0 0 0 o 0 g 0 o 0 0 0 0 0 o a ~O w � o Yj U" q Q o Oal oc� V w 6m1 .n n m N kD O m dui 4 Off! m 6�i ~ V a oo Q 3 h pp V W .n !f1 m rl D N h 00 N N m m W O fV m F Q Ul N Vf m N N N N N SA N = N J d r �n W w J w r ►- O z .ti H .ti H H H H ri ri ri z H + C O 0 GO O z J a m a Q ~ U LU C N ,-I H W z a m o 0 w ac� V N Ui n L u ve 0 a u°Ga z 7 T L H N N � N fl1 Q N H O L L — Oi Q O .� RS U N 16 O1 p N Q N o Q a c a u E m `0 0 } v a lu70 4 N a7S 5 j tj O C G d d C1 a d8 ¢ c (7 Q aa) O a N OOo N N Cmu C «° E E E N uLA v�ur E c o o n ou�a a w Q z z m L H N rn �t vi w h oo m C W�l a a 'd a E `o LL u O .o t0 w E n. u o E ~Q M v 0 u c ,N N7 E 0) 13 E y E v E 0 o lL C o CC p. _— E mono; c o cr w'S a m t! E m y ? li G m C y U Ew a a � `m d �� c y LL LL a m +� m w u M x « d E E d v m a Y_ „ ® 3 6 IC =A m yLU 0 0 N LL m G U C L N 0 0 m c m- N O O U `y O C IA R' U� y G U � E W 4 y pQ > . GO GO J v1 F m m flO1 _J C ko EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9CAO Construction Services Agreement: [2022_ver. COT r7e, r COUVI ty Procuromont Serviow; Divipflon Date: February 6, 2023 Email: Barbara.Lance@colliercountyfi.gov Telephone: 239.252.8998 ADDENDUM # I From; Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 1— 23-8064 North County Regional Water Treatment Plant Roof Improvements This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: ADDITION: In response to: Question 1: Will a Pre -Bid Sign In Sheet be available to download? Answer: A copy of the Sign -In Sheets from the Pre -Bid meeting have been uploaded In BidSync. See 23-8064 — Sign -In Sheets If you require additional information please post a question on our Bid Sync (,F ,>; E; ,lrrtl . i 3f. cEiw) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. _ (Signature) (Name of Finn) Date CAO GORY 14-14t Procurement Service$ Divialon Date: February 21, 2023 Email: ]3arbara,Lance@colliercoun(yfl.gov Telephone: 23 9.25 2. 8 998 ADDENDUM # 2 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 2— 23-8064 North County Regional Water Treatment Plan( Roof Improvements This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE: Q&A Deadline: r-oaqf46ra42-9, to February_23`d ZO23 at 5:00 pm EST Bid Due Date: t ohr ry 2 t to Marcb 21111s 2023. at 3:00 PM EST If you require additional information please post a question on our Bid Sync (tivu ��r.i�ids� r „%) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal far the above referenced solicitation. r , (Signature) G (Name of Firm) Date CqO Coble ;a t Procuremont Services Division Date: February 24, 2023 Email: Barbara.Lance@colliercou:ityfl.gov Telephone: 239,252.8998 ADDENDUM 1# 3 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 3-- 23-8064 North County Regional Water Treatment Plant Roof Improvements This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: CLARIFICATION: In response to Question 10.2: Drawing sheet 4 general notes 11 indicate the Contractor shall apply for and pay for,permits. In the construction bid insh-uctions 14 indicates exclusion of county permits in bid price, bidders shall not include permit/fee amounts in their bid offer. Are ive to include permit fees in ourproposal? Or is the contractor just obtaining permit? Answer: Remove: 2734464-Emil;ibit-M—Nakis Add: 2a3-9064 V-010)il ;yt -_ flans lts`v I - The revised plans have a change identified on page 4, Section 11.1 Permits If you require additional information please post a question on our Bid Sync (ww, bidet €€c:.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above Date I (Name of Firm) CAo C,001er COU .t Procurement Services Division Date: February 28, 2023 Email: Barba ra.Lance@coll I e rco untyf l,g ov Telephone: 239.252.8998 ADDENDUM # 4 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 4 -- 23-8064 North County Regional Water Treatment Plant Roof Improvements This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: CLARIFICATION: The following clarifications are being made In response to questions posted on the County's ridding platform, and are hereby incorporated Into the bid: Question 3 Is contractor responsible for MEP adjustments? Answer Contractor is responsible for MEP adjustments andlor encapsulation. Please refer to Note 16 on plans. Question 7 Please confirm all decks will require a MIN R-20 insulation with tapered @ 114 slope as per section 1.5 Answer All decks require tapered Insulation. Area 9, which is conditioned, requires MIN R-20 per the Collier County Vertical Standards. Non -conditioned areas may be replaced with the thickness of insulation as is existing. Question 9 Please confirm all decks will require a MIN R-20 insulation with tapered @ 1 /4 slope as per section 1.5 Answer All decks require tapered insulation. Area 9, which is conditioned, requires MIN R-20 per the Collier County Vertical Standards. Non -conditioned areas may be replaced with the thickness of insulation as is existing. CAQ Question 10 2. Drawing sheet 4 general notes 11 indicate the Contractor shall apply for and pay for permits. In the construction bid instructions 14 Indicates exclusion of county permits in bid price, bidders shall not include permit/fee amounts in their bid offer. Are we to include permit fees in our proposal? Or is the contractor just obtaining permit? Answer Collier County will pay permit fees. See Addendum 3. 3. The sheet metal details on drawing sheets indicate aluminum sheet metal trims and wall panels. There are no specs on the sheet metal trims and wall panels. Answer The callout for the metal wall panels in the detail lists the product that is currently being utilized on the roof to the west of area 9 and 11. "SAF Series 4000 Rainscreen Panel system for HVHZ" is an approved product that worked with the 20-year warranty requirement for the roofing system chosen. The intent is for the contractor to Include that product in his proposal, or an equally approved product that will receive the 20-year warranty from the manufacturer. 3a. What is the thickness required for the sheet metal trims, (Coping, metal edge, gutter, downspouts, expansion joint, counter flashing, etc)? Answer See #3 3b. What is the thickness required for the aluminum metal panels? Answer See #3 3c. Are sheet metal trims and panels to be mill finished or pre -finished? Answer See #3 3d. Are sheet metal trims to be pre -manufactured or can they be shop fabricated? Answer See #3 3e. The parapet wall and coping detail on sheet 16 do not Indicate wall panels. Are wall panels necessary if modified fiashings are installed up and over the parapet? Answer See #3 4. Do provided slope indicators on drawing sheet 7 Indicate tapered insulation slope or structural slope in existing deck? Answer The original structural plans call for a slope in the roof structure, however, per the Collier County Vertical Standards section 070000, the contractor is responsible for ensuring that a 1/4" slope is provided If the existing deck is found to not have the proper slope. CAo 4. Spec section 075216 paragraph 1.2, A, 1 indicates 2-ply or 3-ply. Paragraph 2.2 calls out bottom ply and cap sheet products. Please confirm new system is to be a 2 ply? Answer Paragraph 2.2 lists only a couple products that are part of an approved system that Is rated for the design wind pressure. It is ultimately the contractor's responsibility to select one of the manufacturer's systems that will meet design wind speed criteria and the county's 20-year warranty requirement. 5. Spec section 075216 paragraph 2.2, B lists aluminum foil surfaced membranes and item 5 indicates coated granules to match roof membrane. Is cap base flashings to be aluminum foil surfaced or granule surfaced? Answer Paragraph 2.2 lists only a couple products that are part of an approved system that is rated for the SEI design wind pressure. It is ultimately the contractor's responsibility to select one of the manufacturers systems that will meet design wind speed criteria and the county's 20-year warranty requirement. If you require additional information please post a question on our Bid Sync (v iR'11. r{(j�51r,E1(,.GK)t11) bidding platform under the solicitation for this project. Please sign below ano-5-eturn a copy of this Addendum with your submittal for the above 2 Date (Name of Firm) �e E _ FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NORTH COUNTY REGIONAL WATER TREATMENT PLANT ROOF IMPROVEMENTS BID NO.23-8064 Full Name of Bidder Advanced Roofing. Inc. Main Business Address 4909 W Kiiollwood St Tampa, FL 33634 Place of Business Tampa, FL Telephone No. 813-885- 811. Fax No. 954-566-2967 State Contractor's License # CCCO24413 State of Florida Certificate of Authority Document Number a65116 Federal Tax Identification Number 59-236-0591 DUNS fi 11-295-4359 CCR4 199BA163997 Cage Code OHDR9 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds arc 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 CAn above noted liquidated damages as it 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 Sid within one hundred fifty (150) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature: f }ii I.Cster Title: Branch Manager 3n/2023 Construction Solicitation Doc rev 04/52022 CAO FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNER TO THE PROJECT NORTH COUNTY REGIONAL WATER TREATMENT PLANT ROOF IMPROVEMENTS Bid No. 23-8064 Name Frank Medina Mike Landolfi Sill Lester Rodney Torres Jim Montague Steve Schoen Construction Solicitation Doc rev 04152022 Personnel Cateu}; Operations Manager -Tampa Division Project Manager Branch Manager -Tampa Division Safety Coordinator Tampa Division QC Coordinator - Tampa Division Director of Government Accounts CA4 Collier County FORM 3 -MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NONRESPONSIVE Sallchatlon 23.8064 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 acid 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 Fist 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. Coin plete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Advanced Roofing,Inc. - Signature: _ Date: 3/2/2023 Bill Lester Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: - - - -- - - Signature:_-_-- -_ -- Date -- Construction Solicitation Doc rev 04152022 1/2412023 2:23 PM p. 9 CAO Collier County FORM 4 - LIST OF MAJOR SU13CONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE SollcAalion 23-8064 The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to removelreplace any Subcontmetor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Company: Adyar CBd 0' InC. _ Signature: Date:. 3/2/2023 Biil I.este Construction Solicitation Doc rev 04152022 1/2412023 In PM P. 10 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RE, SPONSIVEtNON- RESPONSIBLE, 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. Public Defenders Office (project name) 700 E T'wiggs Street, Tampa FL 33602 (project location) Hillsborough County (project owner) 601 E Kennedy Blvd, Tampa FL (Owner's address) New Lightweight Concrete and Modified Bitumen - Re -Roof Craig Clements PM Manager (project description) (Owner's contact person) (title) 07/2020 $ 519,000.00 813-399-2068 ClementsC@lillsboroughCounty.ORG (project start/completion dates) (contract value) (phone) (email) 2. Lee County Jail- Core 1 Lee Count y (project name) 2501 Ortlz Avenue Fort Myers, FL 33905 (project location) Reroof-Mod Bit - (project description) In progress $ 776,615.00 (project owner) 2115 Second Street, 1st Floor (Owner's address) David Jones Procurement Analyst (Owner's contact person) (title) 239-533-8864 (project start/completion dales) (contract value) (phone) DJones2@1ecoov,com (email) 3. Manatee County Jail Manatee County Jail (project name) (project owner) 4470 Harlee Road, Palmetto, FL 34205 1112 Manatee Avenue West, Suite 803 (project location) (Owner's address) New Filmaile 45 MIL singlo-ply roof with 1.5" poly-I50- Re -Roof Charles Frazier Procurement Department (project description) (Owner's contact person) (title) 01/2021 $ 384,979 941-748 4501 Cliarles,Frazier@mymanatee.org (project stardcompletion dates) (contract value) (phone) (email) Construction Solicitation lac rev 04152022 CAO FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. Pinellas County Purchasing Department -Star Center (project name) 400 S Ft. Harrison Ave„ 6th Floor Annex Bldg., Clearwater, FL 33756 (project location) Coating[TPO (project description) 01/2022 $ $403,075.52 (project completion date) (contract value) 5. Florida Heart Associates (project name) 1550 Barkley Circle, Ft Myers, F1.33907 (project location) Modified Bitumen - Re -Roof (project description) 04/2018 421,086.00 (project completion date) Company; Signature: (contract value) Construction Solicitation Doc rev 04152022 Pinellas County (project owner) 400 S Ft, Hwrison Ave., 6th Floor Annex Bldg., Clearwater FL 33756 (Owner's address) Brad Grabo Purchasht Analyst (Owner's contact person) (title) 727453-6539 (phone) bgrabo a co, hiellas.11.us (email) Florida Heart Associates (project owner) 1550 Barkley Circle, Ft Myers, FL 33907 (Owner's address) T .,... LT..-..:.. Manager (Owner's contact person) (title) (239) 938-2109 Iharris@flatteart.com (plione) (email) rc; 3/2/2023 CAO Collier County FORM 6 - TRENCH SAFETY ACT Solicitation 23.8064 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 uanti Cost (Description) (L.F.SY) 1. 2. 3. 4. 5. NIA TOTAL Company; Signature: Construction Solicitation Doc rev 04152022 1/24/2023 2:23 PM '12023 p. 13 OAO �- -- - _ - - — — FORM7-BIDBOND -- THIS FORM MUST BE COMPLLrFED OR BID MAY BE DEEMED NON-RFSPONSI'VFJNON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we Advanced Rooflnq Ina, - (herein after called the Principal) and Atlantic Specialty tneurence Compaq _, (herein called the Surety), s corporation chartered and existing under the laws of the State of New York with its principal offices in the city of PNmouthJMNl and authorized to do business in the State of Florida _ _ _ are held and firmly bound unto the Colller Coun� Board of County Commissioners _ _ (hereinafter tailed the Owner), in the full and just sum of Flvs jpj r. nt f Amount B1d _ _ dollars ($ 6% or Ameurtt Biid ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Did for furnishing all labor, materials, equipment and Incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 23-BOU NORTH COUNTY REGIONAL WATER TREATMENT PLANT ROOF IMPROVEMENTS. NOW, THEREFORE, if the Owner shall accept the Bid of the PR NCIPAL 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 tarns 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 ofthe 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 OBLIGED the fixed sum of $,fi% or Amount 6kttoted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain In full force and effect, rN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 2nd day of March �, 2023 Advanced RooFinUlnc. Principal BY Counters Appointed Producing Agent for American Global, LLC (Seal) Surety (Seat) OAO intact rtartlrtr�ttc:: 4.16wer of AU$ , �iq KNOW ALL MfI N BY TIIE5II PRESL: IS, that ATLANTIC SPECJALTY INSURANCE COMPANY, a New York corporation wltb lb principal off(te iu Piymouti% MlwK4 a, does haxly amctltate and eppohnt llUcar la Davila lamas, Wlitlam C,rde Gr ffit>y VbA= S ntljo, lt+ dtad Mxtlixo Ca1tt Taylor, Rad individually If tbcre be mare tbaa one naroad, Its taste and latyful Anaeoay-Jn•Fact, to mmalte, aaewe, seal and deliver, for and on itr<babalf as nue(y, any and all bads, mogdanoeA wutratle of iat-astlty, and all otter wfitfngs obligatory In the nsttue thereof, provided that nabmd or tmkrt4dc % exmwd rode[ ibis oalljotlty shall carved In mnoum the sum of: untlmlted andthe mecWnn of such ban&, recognlrrffioea, contracts of Jndemnily, and all other wrldTo oUptory lu dm nature thereof In purvamwe of these pmtm% than be as hlndlog upon paid C.r sty ar if they had been fully tlgned by m augimised offfm of the Company and sealed with the CozTtAy real. Ibis Pmhr of Attorney Is mode rued eu iedby at4orily of t1k- following resolutlaw adopted by tM 13ouJ of DlredMm of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty.f[Jth Clay of Septaotlatr, 20LL Vesolved: Thst the Preahl&at, any Sealae Mee Pnmldfstt m Vl« Prr�fdrnt (ends an "An hariz i Officer") rwy u ute for and to bruit of the Company and and all bwrds, reeog dzancM matracm of IMemnity, and tJJ o(ber writings oblIgatory in the Timm tl)treof, and nfflx the seal of the Compzy dweto, and drat the Arstltartzed Ofllmr may appoint tuid authorize an Atmroey-to-Fact to execute on hahalf of the Company tuiy card all audit bwhumaib mid to affix the Campwy isml diereta, und that the Authorized Officer may at arty time mnove any v ft Attomeyln-lrscs ertd revoke all power and authority glvm to any surfs Attvmcytn- Fam Resolved: 11wt the Atton V-1ri-Pact r acy W g1ven full power and amhodty to ez*mte for and in the ¢sate and of behalf of the Cautpany say and all bon&, recogalzarom contracts of inticmtNty, ad all outer wrhilriga obligatory in die moles t3tEreof, and any muh lrwaumuit to mttzi by ony ouch Atwmeyln-Part 6A be u blWJq upon the Company as if signed slid sealed by an Authorized Officmand, Railer, the AitansryHn-Fact ie herby autltorirrd to vMfy any affiduvlt requited to be attadhed to bonds, recognlennces, comma of Ir &—sty, and All oth wwettings atugmsy In the nau" thereof. Thla power of atturvt:y is elgned and sealed by fwzbnlie under the auborl y of the foIlowingliksohitionidrVmd by the ©Duel of Direclots of ATLAhMC SPECIALTY INSURANCE COMPANY on the twer4-fifth day of SegtmAmr, 2012: Rexfted: ihat the dgwWre of an Antharlaed Artists, the signature of the Semtmy or the Attlaw gcc mtarp, mod the Comrmv teal line lrn affixed by farmimfle to any power of wormy or w mW certiftmte re sang ffiarKo appointing m Attomey-in-Fact far prcpmea cAy of execating rand onItug any band, mwIstddng, recegoirance or other written ablJpndon In the aatme dtereof, and any mrh sign=m mad seal wh m re used, heing hereby adopted by the Compuy as the oTI81nal signature of sntlr officer afirl the original seal of the Company, to be valid and bleeding upon the Company with the same frnce and efface as owagb manuany af&td. IN VaTNtt.S S WII MEOF, ATLANTIC SPEGIAL'fY INS (WANCE COMPANY has caused theca presents to he signed by an Authorized Officer wA the seal of the Cwnpavy to be affixed tits tape q4(r,"th day of April, 2020. q4,V GSQEAL�.;ini tY 190G Oi ©y S' AIM Ali' MINF-%M A �>��rY o?* FMNNEPIN COUNTYPaul j, $teliru, Senior vfie 1'resirlsri lY tv', �' On this twenty so earth day efAprll, 2020, Wfoae me personally came Paul J. lkehni. fetdQr Vice nuldwt of A11ANTIC SPFMALTY [NSURALNCE COMPANY, to me p—nr, ly known to be the individual tnd officer drsalhrd in" who exeeatad thepwciffi tg tumm-4 and he "knowledged the eaewtlati of the sauce, trod being by lass duly awram, ftt Ile is thtt tutld officer of the Campagy aforetdtl and that the" a$irted to thQ pmmdt* hutrumeet is ib` war of said Comperry and that the said"and ore sigrt:rtrue as such officer was" tiff xxd sod sub anibed to the said Jagmm.,i t by the authnrity toil ut the dlr cfa of the Company. tAUSON tY H HASN•TROM 0 NOTAR FIM,IC-A ROTA My Commisoldon Explras JanuAry 39, 2025 E:" L�� Ajfr/1 lr Notary Puhlhc I. tlm urAmigned, Secretary of ATLANFJC SPECIALTY iNBURANCE COMPANY, a New Yorir CoiVorniloa, do hereby certify that thaL foregoing pawr3 of arwm-y to to full farce and has oat beets vtv dmd, aad the roolutlom set truth above are now to force. StgnM PM Peale& Dated - end_. day of 1Vlatrft- =3 . 'ibis rower of Attttaaey e><pirea T ,lanuszy 311 2025 SEAL, Y tU11G o �y, 4Pti ygH+-yL� ` yyrAY � F•t"�' PJwsa dlrett bond ver ficatlow W s1ri Yrghlpll fm5i>�rps t l Yam Barraw, Scadary CA O } colr Call 14ty nDwrement Services Division FORM 9—CONFLICT OF INTEREST AFFIDAVrr The Vendor certifies that, to the best of its knowledge and belief, the past and current work an any Collier County project affillated 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. Impairedd objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals I past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government, Unequrtl 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, Advanced Roofing. Inc./IY ompan ame Signature _Bill Lester -Branch Manaser Print Name and Title State of FL County of Hillsborough The foreg ing instru pt wasacknowledgedbefo� me by means a tii ysi al pre ence rrr la online notarization, this day of i�i>f�ir 1 (month),Iyear), by �_ C (name of person ackiAk i�� Y� Notary Public State of Florida Carolina Baez (Signature of Notary Public - Stat of Florida) My Commission HH 3 I636 till Expires 1211412026 rint, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification - Type of Identification Produced CAo of My County Procuremont Services Division FORM 10 — VENDOR DECLARATION STATE MRNT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. IN WPINESS V�l1OF, WE have hereunto subscribed our names on this'day of� 26iri the County of-11�{ rirlkoh , in the State of �. Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR P or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: Advanced Roofing, Inc 4909 West Knollwood St Tampa, FI, 33634 G65116 59-2360591 813-885-5811 MIL r.GSIGr Branch Manager CAo Additional Contact Information Send payments to: Advanced Roofing, Inc. (required if different Company name used as payee from above) Contact name: Stephanie Bolt and Gregory Savariau Title: Accounts Receivable Specialist Address: 1950 NS 22ND St City, State, Zip Ft Lauderdale , FL 33311 Telephone: 954-522-6868 Ext Email: ARHelpdesk@advancedroofing.com Office servicing Collier Advanced Roofing- Tampa Division- Service Tampa Department County to place orders (required if different from above) Contact name: Bill Lester Title: Branch Manager Address: 4909 West Knolhvood St City, State, ZIP Tampa, FL 33634 Telephone: 813-734-2136 Email: Bi11L@advancedroofing.com Secondary Contact for Steve Schoen this Solicitation: Email: steves@advancedrooting.com Phone: 954-405-7573 CAO �J Cf. lfiei' C 014-1 lty 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 it copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON-RE'SPONSM. Collier Comity will not intentionally award County contracts to any Vendor wbo 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 NNA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA, Such V iolation 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 filly compliant with all applicable immigration laws (specifically to the 1986Immigration Act and subsequent Amendment(s)) that it is aware of and in complwithmuirements set forth in Florida Statutes �448.095. and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in Tlie 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 proposalfbid. State of F L County of , r `�--"`-7 Advanced Roofing, Inc Cam Name Signature BHI Lester- Branch Manager Print Name and Title The eg ng ins i ent was know] edged before me by means of ti icol Ares �❑ online notarization, this day of (month), x�� _{ ear), by _ (name of person acknocKNOWY oli $late of PlOrVds��Ah roAna gsez mraston ►twsstess5r nature of Notary Public -titer of Florida) ss 12I1412026 ( g (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced CAO Copies of the required Information Attached CAO 312/23, 2:28 PM Detail by Entity Name FLORIDA DEPARTMENT0 - AT-- DIVISION OF CORPORATIONS Department of State I ❑ivisiw of Catporations 1 Search Records / Search by Entit Name 1 https:/Isoarch.sunbiz.orgllnquirylCorp oration SearchlSearchResultDetail?inquirytype=EntityNamo&directionType=lnilial&searchNameOrder=ADVANC... I /CAO 312123, 2:28 PM Name & Address https:l Title PSD Kornahrens, Robert 1950 NW 22ND STREET FORT LAUDERDALE, FL 33311 Title Treasurer, VP Kornahrens, Kevin 1950 NW 22ND STREET FORT LAUDERDALE, FL 33311 Title VP CARRUTH,JASON 200 NORTHSTAR COURT SANFORD, FL 32771 Title VP Kornahrens, Michael 1950 NW 22ND STREET FORT LAUDERDALE, FL 33311 Title VP Sockman, Clinton 1950 NW 22ND STREET FORT LAUDERDALE, FL 33311 Title CFO Craig, Diane 1950 NW 22ND STREET FORT LAUDERDALE, FL 33311 Annual Repar s Report Year Filed Date 2022 01/05/2022 2022 09/21 /2022 2023 01 /13/2023 Document �ma9es Detail by Entity Name 01/1312023 —ANNUAL REPORT View image in PDF format E i 0912 12 22—AMENDEQ ANNUAL. REPORT View image in PDF format 01/0512022—ANNUM- REPORT View image in PIN format 01/07/2021 —ANNUAL REPORT View image in PDF format 01/06/2020 --ANNUAL REPOR View image in PDF format fsearch.sunbiz.org/lnquiryfCorporiitionSearch/SearchResuttDetail7inquirytype=EnlityName&directionType=Initial&searchNerneOrder=ADVANC.. 213 CAO Company ID Number: 176606 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and Advanced Roofing Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work In the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Adminlstrafion (SSA), and DHS. Authority for the E-Verify program is found In Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-20B, 110 Stat. 3009, as amended (8 U.S.G. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22,18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE 11 RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated Information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access K the employer is separated from the company or no longer needs access to E-Verfy. Page 1 of 17 E-Verify PAOU for Emp"Ta I Revlslon Date W01113 CAo F -VOP-L 01., 1r ty, - - Carnpany Ia Number: 176608 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-Verity. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions; a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents Identified in 8 C.F.R. § 274.2(b)(1)(13)) can be presented during the Form 1-9 process to establish Identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist OHS with Its review of photo mismatches that employees contest DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach It to the employee's Form 1-9. 8. The Employer agrees that, although it particlpates 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)(IXA) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer Is subject to a civil money penalty between $550 and $1,1 OD 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 non confirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employera I Revision Data DOI01113 Company Ib Number. 175608 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (6) no E:-Verify participant is civilly or criminally liable under any law for any action taken in good faith basted on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as woll as any othor enforcement or compliance activity authorized by law, including aite visits, to ensure proper use of E-Verify. 9. The Employer Is stricUy 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-Verity 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 Ernployer's attempting, in good faith, to make inquiries during the period of unavailability. 10, The Employer agrees not to use E-Verify for pre -employment screening of job applleant;s, in support of any unlawful employment practice, or for any other use that this MOU or the E-Vorify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees, The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described In Article 11.8 of this MOU, 12. The Employer agrees to follow appropriate procedures (sae Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with ilia 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 rf they choose to contest the finding, while their case Is still pending. Further, when employees contest a tentative nonconfinnation based upon a photo mismatch, the Employer must take additional steps (see Article III.S. 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 vart ication request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee Is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconflrmation, 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 riot work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and If he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Ernpbyors I Revision Date E#6lOM ' erif0.; Company ID Number. 17$6o9 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to worts 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 noncontirmation has been issued. If the employee does not choose to contest a tentative nonconfirmalion 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 questlons about a final nonconfirmatlon may call E Verify at 1-8884164- 4218 (customer sere€ce) or 1-888-897-7781 (worker hotline). 14, The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual In hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such Illegal practices can inclWe 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 immigrat€on-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 774E of the INA or Title Vil may also lead to the termination of its partkilpation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact CSC at 1-800-255-8166 or 1-800-237-2515 (TOD). 15. The Employer agrees that it will use the Information it receives from E-Verify only to confine the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this Information, and means of access to it (such as PINS and passwords), to ensure that It is not used for any other purpose and as necessary to protect Its confidentiality, including ensuring that It is not disseminated to any person other than employees of the Employer who are authorized to perform the Employers responsibllities under this MOU, except for such dissemination as may be authorized in advance by SSA or DI -IS for legitimate purposes. 16. The Employer agrees to notify DHS Immediately in the event of a breach of personal Information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-VerifyCa7dhs.gov. Please use "Privacy Incident— Password" In the subject line of your email when .sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA Is governed by the Privacy Act (5 U.S.C. § 562a(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 [tits MOU may be subject to criminal penalties_ 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of EVerify, which includes permitting DHS, SSA, their contractors and other agents, upon Paga 4 of 17 E-Verify PAOU for Employers I Revision bate oolof/13 CAO Company ID Number. 175WO 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 infomnation 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 wabsite, In advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally-certifiled, 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 EVerify trademarks and logos may be used only under license by DHSIUSCIS (see M 795 ) 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-Verffy procedures for any purpose otherthan 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. RESPONSIBILI'tl`IES OF FEDERAL CONTRACTORS 1. if the Employer is a Federal contractor with the FAR E-Verily clause subject to the employment verification teams in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that If It is a Federal contractor subject to the employment verification terms In Subpart 22.18 of the FAR It must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working In the United States, whether or not they are assigned to the contract, Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MDU for Vmployere I RovlEion Date 06101113 CAO liar � f 7 -Vo iri Company ID !Number: 1756o8 b, Employers enrolled in E-Verify as a Federal contractor forgo days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Vertfy to initiate veditcafion of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be Initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor In E Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever Is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C.1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verity new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: 1. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, IL The employee's work authorization has not expired, and Ili. 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 tf: I, The Employer cannot determine that Form 1-9 complies with Article I1,A6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or W. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 Is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 !:-Verify MOU for Employers I Revision Date 06/01/13 Company 10 Numbor: 1756DO Article II.C,5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding Instructions that may be provided on this subject In the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously baen 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 time 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 Employers compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1, SSA agrees to allow DHS to compare data provided by the Employer against 85A's database. SSA sends DHS confirmatlon that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify, procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 130E3(a)), and SSA regulnUons (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 Informallon to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests 111e 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 Govemment work days from the date of roforml 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 questlon, the employer should contact E-Verify at 1-88t3 64-42,18, 0. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Varify MOU for Emplayam I Revision Date MOM E-Verifm , 4 Company ID Numbsr. 175M 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, addreases, and telephono numm rs of DHS representatives to be contacted during the E.-Verify process. 3. DHS agrees to provide to the Employer with access to EVerify training materials as well as an E-Verify User Manual that contain Instructions on E-Verify policies, procedures, and requirements for both SSA and UHS, including restrictions on the use of F.-Verify. 4. DHS ag€eas to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's patlicipation in Es Verify. DHS also agrees to provide to the Employer anti-dlscrImInatlon notices issued by the Office of Spacial Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil fights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify Users a unique user identification number and password that permits them to log In to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit mess to such Information to individuals responsible for the veriftcaflon process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal crlminal laws, and to administer Federal contracting requirements. S. DHS agrees to provide a means of autornated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirrnation of employees' employment eliggibility within three Federal Govemment work days of the inhlal inquiry. 9. DHS agrees to provide a means of secondary ver'rficatlon (including updating DHS records) for employees who contest DHS tentative nonconfirmatfons and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within i 9 Federal Government worts days of the date of referral to DHS, unless DFIS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. if the Employer receives a tentative nonconfiirmation issued by SSA, the Employer must print itte 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 infon-nation specific to the employee's E-Verify page 8 of 17 E-Verify MOU !or Employes I Revision Lute 06/01/13 Company ID Number: 175iD08 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, white 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 worts 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. 6. 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 Numldent) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E Vorify 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 nonconfirmatton 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 MOV for Employers I Revision Date 06101/13 CAO ;E-Ver!f ' Company ID Number: t 7SMs employee to contact DIMS through IN toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, th® Employer must provide the photo mismatch tentative nonconfirmation notice and follow the Instructions outlined in paragraph 1 of this section for tentative noncanfln-nations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U-S, Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there Is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph, The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. a. OHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days Is necessary. 9. While wailing for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES I. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make Inquiries. To access E-Verify, an Employer will need a personal computer with Internet access, ARTICLE V MODIFICATION AND TERFAINATION 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 fhe mutual consent of all parties. 2. Any and all F-Verify system enhancements by DHS or SSA, including but not limited to F-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the nead for a nupplernentel MOU that outlines these changes. Pago 10 of 17 E-Verify MOU for Employers l Revtdorr Dato D6101/13 " 0 Company ID Number. 1756M 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 othar parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by BSA or (DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it Is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it Is In a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires Its participation In E-Verify Is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. if an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer Is terminated from E Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary, By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU Is Intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at lava 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 he solely responsible for defending any claim or action against It arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in EVerify is not confidential Information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 [ VeMfy MOU for Employers I Revlslaii bate 00101113 CAO E-Veril .!, Company ID Num6ar, 175608 Congressional oversight, E-Verify publicity and media Inquiries, determinations of compliance with Federal contractual requirements, and responses to Inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter Into this MOU on behalf of the Employer and DHS respectively, The Employer understands that any Inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, Its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of Its MOU and/or, (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer, To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E Verify at 1-868-484-421$. Pape 12 of 17 E-Varify MOU for Employers I Revision Date 0MV13 CAO iT, Company ID Number. 175508 Approved by: H-M-P*Or - - Advanced Roofing Inc. Jame ImeType orPrint) Rose J Main Signature Electronically Signed Security —Verification Division 4ame (Please Type or Print)- USCIS Verfficatlon DIvIslon Electronically Signed Page 13 of 17 E-Verify MOU for Employers I RavIslon Date 06101143 01/0512001 01105120D CAO { Company ID Number: 17MOB Information Required for the E-Velrify Program Information rotating to your Company: Advanced Roofing Inc. "omoanv !Name 19W NW 22 street Fort Lauderdale, FL 33311 mpany Facility Address rmpany Alternate Address aunty or Parish BROWARD nployer identification Number 692360591 )rth Amerioan Industry 238 - assRficatlon Systems Code 1rent Company umber of Employees Boo to Mg umber of Sites Verffied for 2site(e) Page 14 of 17 E•Vedfy MSOV for Employers I Revision Date 08/01/13 Company lD Number. 176W8 Are you verifying for more than t site? if yes, please provide the number of sites verified for in each State: FL Page 16 of 17 E-Verify MQU for Fmployers i ReValon Date 06/01/13 Company ID Number: 176608 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Shlrlev Kennedv Phone Number 9546226868 Fax 9543325478 Email shirlevkO.advancedrool'im.com Name Rose J 136ttain Phona Number OW2268681129 Fax 9543326478 Email KelsevFOadvancedrnoflno.com Page 16 or 17 E-Verify MOU for Employes I RmAslon Date OW01113 Company ID Number: 17560E This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 F-Verify MOU for Employers I ReOdon Dale OWIM 3 State of Florida Department of State I certify from the records of this office that ADVANCED ROOFING, INC, is a corporation organized under the laws of the State of Florida, filed on October 8, 1983. The document number of this corporation is G65116. I further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual report/uniform business report was fled on January 13, 2023, and that its status is active. I further certify that said corporation has not fled Articles of Dissolution. Given rattler no; hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Thirteenth clay of January, 2023 secretflly 0 tate, Tracking Number: 5923268973CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. littps:Ilseivices.sunbiz.org/Filings/CertificatcOiStatus/CertificateAutiientication O u. Z i W 4 u 4] p a)= W p c 4-J W DC O o P- Q m Z o Ln a Z V Q N Q Q Z_ w_ H 3 o f a LL li w LL,f (tj N p u a4-1 w �? w° W'Z�M pMJ p L A- V u 0� cn � � c~n -g OC Q J cn ` O, Z Z w V o ,_, LL �/ ��4-1 ii^ �y N W t LLI uj o W 0 �, 0 o -� Vi Z U Q Z Q W.` Z� o H -76 Z Z` U a ❑z�-z4-1 Ln cn O ~ `L Z Q °e cw.f zLn l- p, °i O J a �, o C V U L.L Q O X' •� J W (A O in Y w > a Q3 0 Z Z Z 0 u Q W �- U o aAn in a w PAl LA k 4iARl�,� �o � i fed � ❑ isa • ��I�'t; •r. � ' t � � O Z finn++ O W @ u v O N W —p f1? Q = N W Q V a w w F- Z C7 Q , �ai - 0 O Z �-' c Q u dd� `� Q W W w cu ,� { m .Z c� INM 0 U. V. u O <<� w o ,fir, LAG 0 cn Z o 4 , -C GC v, u.�LL W CL cal Q .. c4 41 4-1 u O Lj.. Z W Q 0 0.. ':u Z Z V Q W Z u_ = jo..g 3��0 Q Z � �- z z o ,� ; i,, O .o ° ° `� :J L O tO I GO �Lr)- a, (a I V u ,Z U- O 7LL51 7 '" O cC u) H F" LL p 7 a �' Z 0 013) n W � Z u 0 a L N o a, 1E W cx° i s• WeJE% CAi k:AO 0 Z 0 v u w Ln w Ce w o WF J O Q m zz Z Z 0Q d- W Clo V) Z UO ai C LU N Vi Mn , LL Q Q N O t:? � � t � u . a} Q W Z M n M >. w Z` �'' Z �u M ,� -� o LL u. Luo �, LU Lin n O z LL O — O J tn; LL - LU 0 W .,. ��s15' �, Z Q m a u O O � Z tJi w w #' J N D ` W a� a) LU Lu w to ca. u z o , Z, o o Q W z o_ Q Q o;' o 0 Z U ON , Z ca �+ Z U ❑ � F- Lu F- u .-., 0 4- M V O Z �- ; o u V F- > Q L 0 Z to U.p LU 'o W O 2 a I 2 u F 41 o G N o a t 1 w o � a Q � �11' Lj ,''!1a �7 IF CAO e,� S U Z 4; w O v ~ � a o w -a Vi LU a w w -' pip z x ° v Z = Q a',�� _ �y � d' o W © N U V) Ln IL Ln v� a c o to Z W ``' �l C', LU U. W U m W � O N `� c JGC o j € I— , i ?'U � LL. p LLc zlU7 LLI�i aZ t0 LL O J Na wWmZ � 0 io�p� w�act I °uZ Z �'LLI Z LU othz u yo r ON ZU- Z a u 0 D O z O -1 o m U u z LL U o Y M ,N LL j a to tA Z Z O 0 ry i W w a = O O C L vi vi � V OG Ln a I a O o� "uoxlt, i W •❑ 1: A I! h l ROT I G f Oilf.1. H 1, A5O30[IAI"IrI MEMBER FRANK H, �C. HISURAIICF RISK MAiIAGEM1111 EM PE0YEE BUIFFITS January 5, 2023 Robert P. Foote, President Frank H. Furniau, Inc. 1314 E. Atlantic Blvd. Pompano Beach, FL. 33060 Nlain: 954.943.5050 'Poll Free 800.344.4838 Mobile: 954.609.0820 Rol) rr,fnrmaninsnrance.cam RE: ADVANCED ROOFING INC. (ARI) - Risk Management/Insurance Protection We are the risk advisor for Advanced Roofing, Inc. The purpose of our correspondence is to share with you some of the highlights of the Advanced Roofing risk management programs. We will be sharing with you some details of the protection Advanced Roofing, Inc. provides to their clients to protect your assets. ARI has achieved an A+ superior risk mans ement rating,due to their strict risk and job safety quality controls. ➢ RECOGNITION BY INSURER — AXA XL is the Insurance Provider for ARI for several key components of their Insurance Portfolio. AXA XL is the insurance provider of choice for several of the Top 25 Roofing Professionals throughout the country. AXA XL recognizes Advanced Roofing as a "best in class" contractor for ARI's performance record relative to safety, controlling losses and quality controls. ➢ ARI CLIENTS' ASSET PROTECTION - ARI has a $12M (Auto)/$14M (GL) aggregate limit of insurance protection per accident/incident in the event of a bodily injury or property damage claim that may occur on a jobsite or while ARI operates an automobile on the jobsite. ➢ ARI's exceptional workers' compensation experience modification rating of .58 allows them to secure reduced insurance rates which, in turn, translates into savings for you, their clients. This .58 rating is 42 points better than the average roofing contractor, and places ARI in the top 2 percentile of Roofing Professionals, nationwide, from a performance rating perspective. Advanced Roofing, Inc. has a full time safety director, a Safety Manager (CHST certified), three safety professionals who have completed the OSHA 500 Outreach Trainer course, 8 active CERTA trainers, five safety professionals that are CPR/First Aid/AED Trainers, and a risk manager that aggressively manages their internal, as well as managing their clients' risk during the course of their construction projects. Advanced Roofing, Inc. believes deeply in educating and training their roofing mechanics to deliver to you the quality and workmanship your roofing asset deserves. The ARI training program separates them from many other roofing professionals. This past year alone, Advanced Roofing, Inc. has conducted the following training programs: CAO 1'a-)c 12 ➢ 24 employees have received the OSHA 10-Hour training to promote safety competency. ➢ 14 foremen and construction managers have received the OSHA 30-Hour training. ➢ 66 employees were Certified Roofing Torch Applicators (CERTA). ➢ 23 foremen and managers have completed Respirable Crystalline Silica OSHA training ➢ 25 foremen, leadmen, and supervisors have received Mobile Elevated Working Platforms training ➢ 27 foremen and leadmen received Crane Rigging and Signaling OSHA certification ➢ 54 foremen and construction managers received certification in first aid and CPR. ➢ 750 safety inspections with 91% success rate ➢ ARI has safety training at 7 a.m. Tuesdays and Fridays every week. ➢ GENERAL LIABILITY PROTECTION — $2M Per Occurrence/$4M General Aggregate/$4M Products and Completed Operations Aggregate. Advanced Roofing has the following protection included in their general liability portfolio of protection; a Habitational/Residential — Including Multi -Family o Torch Coverage o "Hot" Applied Roof System Coverage o Unlimited Building Height Protection o Water Damage Coverage ➢ AUTOMOBILE PROTECTION —ARI has an occurrence limit on the commercial automobile protection of $12M in the event there is a covered bodily injury or property damage on your job site stemming from Advanced Roofing's operations. (Carrier A + Superior rated A.M. Best Co.) ➢ COMMERCIAL UMBRELLA — Advanced Roofing has a $10M limit of liability. (Starr Indemnity & Liability Company is A.M. Best rated A Excellent). Their umbrella provides protection above their underlying general liability and auto protection. ➢ INSTALLATION FLOATER — BUILDERS' RISK — ARI has secured $5.5M in protection for certain stored materials that are to be installed on your job site. This protection reduces the economic loss to you, the owner of the project, during the course of construction. ➢ MOLD/POLLUTION LIABILITY PROTECTION — ARI has secured $2M limits per claim/$2M Aggregate of liability to protect you, the owner, in the event that there is a covered cause of loss stemming from mold, algae, fungi, etc. as a result of the roofing operations of ARI. This highly specialized coverage illustrates to you, the owner, that ARI is serious about protecting your assets during the course of the construction project. ➢ THEFT-- ARI's Crime Policy includes Theft of Client Property While on the Client Property in the amount of $500,000 and includes money, securities, or other tangible property. ➢ EMPLOYMENT PRACTICES LIABILITY — ARI's $1M Employment Practices Liability Policy includes Third Party Coverage, affording coverage should ARI customers claim wrongful conduct. Commercial & Personal Insurance I Employee Benefits I Risk Management I OSHA Compliance CAQ 11a-,c 13 CYBER LIABILITY —ARI has Cyber Theft for any ARI customer whose company or personal information is stolen or damaged through a hack on ARI's system, with limits of $1M. When you are investing in a roofing system, we encourage you to explore deeper than what is the cost of the roof. Advanced Roofing's commitment to quality and the experience they deliver places them at the top of the roofing profession. ARI is recognized for their industry accomplishments as well as for reinvesting back to the community and environment. Experience Does Matter!!! Whether it be service, maintenance, new construction, re -roofing, repairs, or retro-fit, ARI has a solid portfolio of insurance protection in order to responsibly protect your project's building assets Sincerely, Robert P. Foote, President CPCU, ARM, AIM, CRIS, AFSB RF:mr Commercial & Personal Insurance I Employee Benefits I Risk Management I OSHA Compliance CAO intact INSURANCE January 5, 2022 RE: Advanced Roofing, Inc. Letter of Bondabiilty To Whom It May Concern; Atlantic Special a 605 Highway 169 N, Suite 800 Plymouth, MN 55441 Advanced Roofing, Inc. is a highly regarded and valued client of American Global and Atlantic Specialty Insurance Company and is capable of providing Performance and Payment Bonds in the amount of $40 million for any single contract and $150 million in the aggregate, Atlantic Specialty Insurance Company is rated by AM Best as A+ (Superior), Class XV and is licensed to do business in all 50 States. Naturally, we would expect that the execution of any final bonds would be subject to our normal underwriting review of the final contract terms and conditions by our client and ourselves, If we can provide any further assurances or assistance, }Tease do not hesitate to call upon us. This letter does not constitute an assumption of liability, and we assume no liability to you or to any third parties by the issuance of this letter. Sincerely, William Grefe Griffin Attorney In Fact j{ intact L.':.i IHSt)ItANCe i.:' }(NOW ALL MEN 13Y THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation witit its priticipai office in Plymuuth, Minnesotn, does hereby constitute and appoint: Ricardo Davila Lamar, WIWam Grefe Griffin, Vivian Santiago, NUchael Marino, Torre Taylor, each lrAlvidually if there be more than one named, its true and lawful Attomey-In-Fact, to make, execute, seal and deliver, for and on Its behalf as surety, any and all bonds, tecPgnizances, contracts of indemnity, and all other writings obligatory In the nature thereof; provided that tta bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognlzanres, contracts of Indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as If they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the Pres[dum, any Senior Vice President or VicL�Presldent (each an "Aulharfzed Officer") may execute for and In behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory In the nature thereof, and affix the seat of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -In - Fact. Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bouds, recognizances, contracts of Indemnity, and ail other writings obligatory In the nature thereof, and any such Instrument executod by any such Attomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, farther, the Attorney -in -Fact is hereby authorized to verify any affidaM required to be attached to bonds, recognizances, contrails of indemnity, and all other writings obligatory In the nature thereof. This power of aurimey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE, COMPANY an the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and We Company seal maybe affixed by facsimile to any power of attorney or to any certificale relating thereto appointing an Attorney -In -Fact for purposes only of executing and sealhig any bond, undertaking, mcagalzance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these Presents to be signed by en Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. SEAL °SQF�"m h :u 1988 0Z By STATE OF M1NNE50PA Paul J. Brehm, Senior Vice President HENNEPIN COUNTY On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding Instrument Is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. r ALISON OWAN NASH-TROUT ' NOTARY PUBLIC • hIINNESOCA my COMM12slon Expires , Jenuary 31, 2025 Notary Public 1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now In force. Signed and sealed. Dated Sth day of JanuarY J 2022 IN �u4P0A{rFy2u 3 SEAL M, _ im o; T1rI8 Power Of Attorney C%pire8 4 4ew 'f&' At� January31, 2025 s`1",r,',,, *�'' Kara Barrow, Secretary Please direct bond verifications to 5ttrtsy171nl1LCLnSulduce.i4iu CAO FRANK 11. INC. 1115URhNCE RISK MANAGEMENT EMPLOYEE RENEElls January 41h, 2023 Advanced Roofing Inc, 1950 NW 22 Street Ft, Lauderdaie, FL 33311 To Whom It May Concern: �++ni i ar+ai eo u+i1++01+ e C am iACl6Fi ASSPE+d 1 MEMBER (CRSA) 11obert P. Foote, President Franlc H. Furman, Inc. 1314 E. Atlantic Blvd, Pompano Beach, FL, 33060 Main: 954.943,5050 Toll Free 800.344.4838 Mobile: 954.609.0820 Robnfurmaninsurance.coM As the insurance advisors for Advanced Roofing, Inc., we submit this letter of confirmation of three years' Workers' Compensation Experience Modification Rates: POLICY TERM NCC1 RATING 1/1/2023 .58 1/1/2022 .63 1/1/2021 .59 If additional information required, please contact Mel Rhinehardt, Account Manager at 954-943-5050 ext. 207, or email at mel furmaninsurance.com Sincerely, P-,,L�f;gnt Robert P. Foote, CPCU, ARM, AIM, CRIS, AFS13 President rob@furmaninsurance.com Commercial & Personal Insurance I Employee Benefits I Risk Management I OSHA Compliance Ci1O Request for Taxpayer W 9 Give farm to the Form identification Number and Certification requester. Do not (Rev. October2018) send to the IRS. Departmenl of the Treasury Internal Revenue service ► Go to www.lrs.govlFormW9 for instructions and the latest Information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Advanced Roofing, Inc. 2 Business name/disregarded entity name, If different from above M 3 Check appropriate box for federal tax ciasslflcatlon of the person whose name is entered on fine 1. Check only one of the Check 4 Exemptions (codes apply only to certain entities, not individuals; see following seven boxes. instructions on page 3): a c ❑ C Corporation i Corporation ❑ Partnership Trust/estate c, ❑ IndivlduaVsoleproprietoror P Exempt payee code (if any) 46 c single -member LLC ❑ Limited liability company. Eater the tax classification (C=C corporation, S-S corporation, P=Partnership) `o Note: Chock the appropriate box In the line above for the tax classifcaton of the single•member owner. Do not check LLC that Is disregarded from the owner unless the owner of the LLC Is Exemption from FATCA reporting code ¢f any) LLC If the LLC is classified as a single -member anothar LLG that Is not disregarded from the owner for U.S. federal lax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of Its owner. (AppSes fo socounlr maitlatrndrv�sfda op U.54 •� ❑ Other (see Instructions) 1► 5 Address (number, street, and apl. or suite no.) See Instructions- Requester s name and address (opnona(} U7 1950 NW 22nd Street e City, state, and ZIP code Fort Lauderdaler FL 33311 7 Llst account numbers) here (optional) 1111111,714111 Taxpayer Identification Number ff IN Social socurigf box. The TIN must match the name given on line i to No number Enter your TIN in the appropriate provided backup withholding. For Individuals, this is generally your social security number (SSN}. However, for a the insiruclions for Part I, later. For other - TEresident alien, sole proprietor, or disregarded entity, see Identification number (ON). If you do not have a number, see How to get a entities, it Is your employer or TIN, later. um Note. If the account is in more than one name, see the instructions for line i, Also see What Name and Employer Identi9cation nbar Number To Give the Requester for guidelines on whose number to enter. 5 9 - 2 3 6 Q 5 9 1 EM Certification Under penalties of perjury, I certify that: i. The number shown on thls form 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 because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no longer subject tv backup withholding; and 3.1 am a U.S- citizen or other V.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, hem 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributlons to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part If, later, Sign 1 Signature of Here I U.S. Person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its Instructions, such as legislation enacted after they were published, go to www,irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (ITIN), adoptlon taxpayer Identification number (AMM. 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 following. • Form 1099-INT (interest earned or paid) date. 1/1/2023 + Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Farm 1099-5 (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) • Form 109E (home mortgage Interest), 1098-E= (student loan interest), 1098-T (tultion) * Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN. 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 Form {i'ii-9 (Rev.10.2018) CAQ l 0 A� ID CERTIFICATE OF LIABILITY INSURANCE DATE IMMII IYYYYI 2/8/2023 THIS CERTIFICATE 15 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 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 Frank H. Furman, Inc.PHONE CONTACT NAME; (954) 943-5050 AIC No: (954)942-6310 A!C No Ezt : E-MAIL s: 7haase@furmaninsurance.com ADDRE 1314 East Atlantic Blvd, INSURERS AFFORDING COVERAGE NAIC u P. O. Box 1927 INSURER A: Greenwich Insurance Company 22322 Pompano Beach FL 33061 INSURED 1NSURER13:Starr Indemnity & Liaiblity Company 38318 INSURERC:Brid efield Employers Ins Co 10701 Advanced Roofing Inc INSURER D: Continental Casualty Cc 20443 4909 W Knollwood Street INSURER E : Federal Insurance Company 20281 PO Box 15676 INSURER F: Tampa FL 33634 C_()VF zAr,Fs CERTIFICATE NUMBER:Jan 23 Tampa 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. INSIROD LTR TYPE OF INSURANCE BR POLICY NUMBER MMIOONYYPOLICY Y POLICY FXP (MM)DDNYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS -MADE aOCCUR DAMAGETO PREMISES Eaoccurrrrence S 300,ODO X MED EXP (Any one person) S 10,000 Contractual & XCU inel X = CG5740979404 1/1/2023 1/1/2024 X Broad Form PD PERSONAL &ADV INJURY $ 2,000,000 GENLAGGREGATE LIMIT APPLIES PER: CENERALAGGREGATE S 4 , 000 , 000 PRDDUCTS-COMPIOPAGG S 4,000,000 POLICY [K] SECTPRO a LOC 5 OTHER - AUTOMOBILE LIABILITY NGLE LIMIT (Ea acodenD $ 2,000,000 _ BODILY INJURY (Per person) S A X ANVAUTO ALLONNED CHEDULED AUTOS AUTOS NON-ONNED XHIREDAUTOSMS AUTOS CAH740979504 1/1/2023 1/1/2024 BODILY INJURY(Peracoident) 5 DAMAGE PROPERTY DAMAGE er $ PIP -Basic $ 10,000 UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10 000, 000 AGGREGATE S 10,000,000 B X EXCESS LIAO CLAIMS -MADE 1000588143231 X DED RETENTION S 0 5 excess over GL, AL, EL 1/1/2023 1/1/21324 WORKERS COMPENSATION AND EMPLOYERS' LIADtLITY ANY PROPRIETORIPARTNERIEXECUTIVE Y❑N!A IN X PER OTH- STATUTE ER E.LEACHACCIRENT $ 1,000,000 E.LDISEASE- EAEMPLOYEE S 1,000,000 C OFFiCERIMInNH)EM9ER EXCLUDED? [Mandatary in NH) B30-56020 1/1/2023 1/1/2024 E-L DISEASE- POLICY LIMIT S 11000,000 If yes, describe under DESCRIPTION OF OPERATIONS below D Instal Floater 59 W/H 2500 AOP 4016260407 1/1/2023 1/1/2024 EachJobsie 5,500,000 E Crime/RE Theft of Client Prop 82494026 1/1/2023 1/1/2024 Per LosslDeduGU!a 500,000/15,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addillonal Remarks Schedule, may be attached if more apace Is requiredl Collier County Board of County Board of County Commissioners are included as Additional Insured for General Liability on a Primary and Noncontributory basis as required by written contract. General Liability contains a Waiver of Subrogation in favor of the Additional Insured as required by written contract. Umbrella Liability is following form over General Liability, Automobile Liability and Workers Compensation. 30 days' notice of cancellation applies except 10 days for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 3295 Taviiami Trail East Naples, FL 34112 AUTRORE2E0REARESENTATIVE �y Tina Mangum/MR 01988-2014 ACORD CORPORATION. All rights reserved, ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 1NS025 (201401) CAO E)(pER1E1VCE MATTERS. �xP¢AIHN�e MATT 6pY 1 � � � i 9` AO VANGEO �A A1119Yg TEM9 ADVANCED = _ R ©CI FI N G,= , , 8BTH6416N EP .�gan , ESTABLISHED 1983 Fort Lauderdale Michael Kornahrens - Executive Vice President Office: 954-522-6868 1 Tolkfree: 800-638-6869 Cell: 954.553-8677 Email: MichaeiK@advancedrooFing.com Address: 1950 NW 22nd Street, Fort Lauderdale FL 33311 Christopher Walsh • Service Manager Office: 954.522-6868 x10991 Tall -free: 800-638-6869 Cell: 954-649-8165 Email: ChdstopherW@advancedroofing.com Service Email: ServiwSFL@advancedroofing.com Miami • Dora Julian Olarte • Branch Manager Office: 305-456-2544 !roll -free: 800-638.6869 x 1102 Cell: 786-477-3873 Email: Juliano@advancedroofing.com Address: 1733 NW 21st Terrace, Miami FL 33142 Service Email: ServiceSFL@advancedroofing.com Jupiter • Palm Beach Ronney Taveras • Branch Manager Office: 561-743.6962 1 Toll -free: 800-638-6869 x1131 Cell: 561-891-2524 Email: RonneyT@advancedroofing.com Address: 1601 Park Lane South, Suite 100, Jupiter FL33458 Service Email: ServiceSFL@advancedroofing.com Sanford • Orlando Jason Carruth • Branch Manager Office: 407-322-1555 1 Toll -free: 866-365-6071 Call: 407-509-4190 Email: JasonC@advancedroofing.com Address: 200 Northstar Court, Sanford FL 32771 Service Email: ServiceCFL@advancedroofing.com Tampa - Saint Petersburg Bill Lester • Branch Manager Office: 8i3-885-5811 I Tall -free: 800-354-9896 Cell: 8i 3-734-2136 Email: BiIILceadvancedroofing.com Address: 4909 West Knollwood Street, Tampa FL 33634 Service Email: ServiceTampa@advancedroofing.com Fort Myers • Naples Joseph Cleland - Branch Manager Office: 239-208-8809 1 Toll -free: 800-354-9896 Cell: 954-861-7979 Email: JosephC@advancedrooiing.com Address: 14231 Jotport Loop, Unit 15, Fort Myers FL 33913 Service Email: ServiceTampa@advancedroofing.com . lCtk1V v.V,ull �� AWH�Ool1A6�v�ux OlN '�" vru�n>a wume evnvo t 7 Pax � f �axw RAP! •E i ilMill ennxwi�eFw� uu+R Jacksonville Christopher Ails • Service Manager office: 904-826-38601Toll-free:866-365-6071 „R Cell: 904.307-0145 m� Email: ChristopherA@advancedroofing.com Address: 11031 North Main Street, Jacksonville FL 32218 Service Email: ServiceCFL@advancedroofing.com North Florida • Panhandle Jason Carruth • Regional Manager Office: 407-322-1555 I Toll -free: 866-365-6071 Cell: 407-509-4190 Email: JasonC@advancedroofing.com Address: 200 Northstar Court, Sanford FL 32771 Service Email: ServiceCFL@advancedroofing.com South Florida Regional Contact Kevin Kornahrens • Executive Vice President Office: 954-522-6868 x 1177 Cell: 321-482-0 546 Email: Kevin K@advanced roofing .corn Address: 1950 NW 22nd St, Ft. Lauderdale, FL 333111 Air Conditioning I WVAC Paul Murphy • Branch Manager Office: 954-332-141 a x 1620 Cell: 321-482-0546 Email: PaulMaadvancedairsystem.com Address: 2100 NW 21st Avenue, Fort Lauderdale FL 33311 Service Email: Service@advancedairsystem.com Solar I Electric Clint Socklnan • Executive Vice President Office: 954-522-6868 x1060 Cell: 954-232-8772 Email:ClintS@agt.com ICAO Address: 1950 NW 22nd Street, Fort Lauderdale FL 33311 License #CCCO24413 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Frank Medina Mike Landolfi Bill Lester Rodney Torres Jim Montague Steve Schoen Personnel Category_ Operations Manager -Tampa Division Project Manager Branch Manager -Tampa Division Safety Coordinator -Tampa Division QC Coordinator -Tampa Division Director of Government Accounts fo Construction Services Agreement: [2022_ver.31 CAO EXHIBIT B-1: PUBLIC PAYMENT BOND CITB #23-8064 Bond No, 800146179 Contract No. 23-8064 KNOW ALL MEN BY THESE PRESENTS: That Advanced Roofing, Inc. 1950 NW 22nd Street Fort Lauderdale FL 33311 as Principal, and Atlantic Specialty Insurance , as Surety, located at iqhway 169 North,Suite 800 Plymouth, M (Business Address) are held and firmly bound to * as Obligee in the SUM of One Million Two Hundred Twenty -Two Thousand Five Hundred Ninety-Q00 nallars $ 1,222,591.00 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. The Board of County Commissioners of Collier County Florida WHEREAS, Principal has entered into a contract dated as of the day of 2023, with Obligee for North County Regional Water Treatment Plant Roof tmnrovemanrs in invitation to Bid No 73-8094 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 _74 day of OrN 2023, 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; 12022 ver.31 Cho Signed, sealed and delivered in the presence of: Witnesses as to Principal PRINCIPAL Advanced Roofin BY: /� /*I NAME: k f ITS: rfyf ikfit STATE OF -I c,,C [' COUNTY OF ;1 xrb �a The foregoing instrument was acknowledged before me by online notarization, this ?9 day of A Q0\-).ANA C � rrx3h617a ,as of Ne behalf of of O'physicai presence or ❑ 2023, by a A corporation, on persona y known to me OR has produced --a, identification and did (did not) take an oath. My Commission Expires: (ZI l�f 20.)-3 Public) r E YUNEIDYYERA N ME: IACOMMISSION # GG 938169 PIRES: December 14, 2023(Legibly Printed) ed Thru Notary Public Underwriters (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: G , 9 "IYJ -- ATTEST: Witnesses to Surety SURETY: Atlantic Specialty Insurance rnmpanV (Printed Name) (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: [202: ver.3] CAO Witnesses STATE OF TEXAS COUNTY OF HARRIS OR As Attorney in Fact (Attach Power of Attorney) William Grefe Griffin (Printed Name) (Business Address) 781-332-7000 (Telephone Number) The foregoing instrument was acknowledged before me by means of M physical presence or online notarization, this 20th day of April , 2023, by William Grefe Griffin ,as Attorn y-In-Fa .t of Atlantic Specialty Insurance Cnmpnny a NeW York corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known as identification and did (did not) take an oath. z�k2 My Commission Expires: ($ignatu a of Notary Public) Name: Alyson Carmichael (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of. Texas Commission No.: 13165688-5 �1PpV PU'SON NOTARY PU LIEL STATE OF TEXAS MY COMM. EXR 47/2S" NOTARY ID 13165688-5 13 Construction Services Agreement: [2022 ver,31 CAO EXHIBIT B-2: PUBLIC PERFORMANCE BOND CITE #23-8064 Bond No. 800146179 Contract No, 23-8064 KNOW ALL MEN BY THESE PRESENTS: That Advanced Roofing Inc. 1950 NW 22nd Street, Fort Lauderdale, FL 3331,1 as Principal, and - Atlantic Specialty Insurance Company as Surety, located ; a at 605 Highway 169 North Suite 800 Plymouth, (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Florida as Obligee in the sum of One Million Two Hundred Tweliy-Loin Thnnsand Five. Hiindred Ni2Ptkr-(one flail ($ 1 222,591 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 , 2023, with Obligee for North County Regional Water Treatment Plant Roof Improvements Invitation to Bid No 2-1-8054 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 WITN SS WHEREOF, the above parties have executed this instrument this LPL day of ' , 2023, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of Its governing body. 14 Consiructlon Services Apreemont:12022_ver.31 CAO Signed, sealed and delivered in th presence of: / e;� Witnesses as to Princip I STATE OF j j [anfQ r c COUNTY OF 6t 'AL-'-�Oyx _ PRINCIPAL Advanced Roofin ,I BY: NAME: ITS: ` The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization, this 2 y day of 2023, by °IZ-01 D A- as Si of .& '—"Vj 4 a r; c.` corporation, on behalf of the corporation. H Ishe is personally knpgn to me OR has produced V,C r Sc�r�c�tw� lt�irlo �� as identification and did (did not) take an oath. My Commission Expires: 7Cc - 14, Le3�3 (AFFIX OFFICIAL SEAL) ':�pPYP•'' YUNEIDYYERA �— �: *: MY COMMISSION # GG 938169 "a• o� EXPIRES: December 14, 2023 �oF F °•' Bonded Thru Notary Public Underwriters otary Public) Name:/ `f () Ch G S� "I ��- (Legibly Printed) Notary Public, State of: �- r"i Commission No.: Ga Sk 3 S i C 9 15 Construction Services Agreement: 12022 ver.3] CAO ATTEST: Witnesses as to Surety 2f � Witnesses STATE OF TEXAS COUNTY OF HARRIS SURETY. Atlantic Specialty Insuranc (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorttey in Fact (Attach Power of Attorney) William Grefe Griffin (Printed Name) 605 Highway 169 North, Suite 800 Plymouth, MN 55441-6533 (Business Address) 781-332-7000 (Telephone Number) The foregoing instrument was acknowledged before me by means of M physical presence or ❑ online notarization, this 20th day of Aoril 2023, by William Grefe Griffin ,as Attorney -In -Fact of Atlantic Specialty Insurance Company a New York corporation, on behalf of the corporation. He/she is personally known to me OR has produced ark . cnnA1V knnwn as identification and did (did riot) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ALYSON CARMICHAEL NOTARY PUBLIC ' STATE OF TEXAS MY COMM. EXP. 07/26/W NOTARY ID 13165688-5 (Signs ure of Notary Public) Alvson Carmichael (Legibly Printed) Notary Public, State of. Texas Commission No.: 13165688-5 16 Construction Services Agreement: [2022 ver.31 CAS► EXHIBIT 13.3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County', or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptanoe 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: 12022_ver.31 C A.O 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 (1 0) 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: 12022_ver.31 C kd 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 littus:/Iapps,fidfs.conilbocexemtnU 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 Contractor/Vendor 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 orutilized 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, ❑ Othcr insuranco as ❑ Watercraft $ Aer-OGGurmnce toted: ❑ J�nitgd States -I ngshoreanaA"ad-44atborworkcn1s ect vie ge--skal"P- innintained where the completion oEthe work $ Pc-r 066t1rren6G ❑ I lallititr-Ceveragr (Iencs Ast) shall -be airrtair►ed- �uher� ��pplisablata-t! sonplo4on of-thg �vorl-: ❑ A' iTi an t09d;098 gash esc nser if�ppli-hie toAhe-compk4on oft $ Fa,• nnn.,,•rance ❑ P-Gaw:en $ Pn,• Wa ,n-e nce, ❑ Prof si"al LiabA4 N ,in & i::'th"gorega*te ❑ P jest-Prefcssiena Por Occurrence ❑ valaabie Papers insnce ❑ Cyber Liabili y ❑ Technology E,• nni-issions $ P a,• ncsuriv co S Pon. (1GGamrice $ F"Uri`enco CA4 7. ® Bid bond Shall be submitted with proposal response in [lie 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 suns 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 financiai size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional insured and the Vendor's policy shall be endorsed accordingly. It. ® 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 Fast, 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. GO — 1212/22 Vendor's Insurance Accepta nee 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 (b) months from the date of award. CAO EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's (monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: President [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 20 by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 19 Construction Services Agreement: (2022_ver.3) CAO EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER) or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @5% through Insert Date $ Retainage @ 5% through [Insert date $ Retainage @ % after insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. a ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: esign Professional's Name: ignature: Date: a ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: wner's Project Manager ame: ignature: Date: 20 Construction Services Agreement: [2022_ver.3] CAA EXHIBIT 0(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM NUMBER DESCRIPTION SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETED &STORED TO DATE PERCENT COMPLETE BALANCE TO RNISH 5% RETAINAGE _% RETAINAGE t,�d—dW l TOTAL RETAINAGE WITHHELD PFlEVIOUSAPPLICATIONS THIS PERIOD THRUDATE SINCEDATE TOTALS Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes Into play. If this happens, all information up to the date of the %change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 21 Construction Services Agreement: 12022_ver.3j CAO Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 22 Construction Services Agreement: [2022_ver.31 CAO EXHIBIT E: CHANGE ORDER CotLier County Procurement Services Change Order Form ❑ Contract Modification ❑ Work Order Modification Contract #: I I Change #:= Purchase Order #: Project M ContraetorlFlrm Name: ContractrProject: Project Manager Name; Division Name: Original ContractlWork Order Amount original t3CC Approval Date; Agenda item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DiVl01 Total Change from Original Amount Reused Contract/Work Order Total $ 0.00 #D1Vf01 Change from Current BCC Approved Amount Cumulative Changes S 0.0011 401VI011 Change from Current Amount Completion Dale, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original LastApproved Revised Date Date � Com plellon Date Date (includes this change) # of Days Added = Select Tasks ❑ Add new task(s) ❑ Delete task(s) 0 Change tasks) ❑ Other Provide a response to the following: 1.) detailed and specific explanatlonfratlonale of the requested change(s) to the task(s) and 1 or the additional days added {if requested}; 2.) why this change was not included in the original contract; and, 3.) describe the Impact is .Nip ..M�n no it nnf nrnrtaccad Anarh additional information from the Deslqn Professional andlor Contractor if needed. Prepared by: Date: {Project Manager Name and Division} Acceptance 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 !work order indicated above, as fully as if the some 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 1 Vendor ! Consultant ! Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: pate: (Contractor 1 Vendor 1 Consultant l Design Professional and Name of Ffrm, if project applicable) Accepted by: pale: {Design Professional and Name of Firm, it project applicable} Approved by: Date: (Division Director or Designee) Approved by: Date; (Procurement Professional) Ravised.ad&.onalsignalutesmaymudeonsepal ate shiet) WEax;iY �.tnra ( Rai acr, rR 23 Construction Services Agreement: [2022_Vef.3] CAO Chancie Order/Amendment Summary CO# AMD# Description COST TIME Justification Additive Deductive Days Added New Amount * Rot•9secl 01114 2021 (Divisiori, vXtu may require addlionai s:gnatwes may include on separate zheet.) PfSGLUtSEr/€ttT U SE LY drain q q scG€l 24 Construction Services Agreement: [2022_ver.3] CAO EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR: Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Construction Services Agreement: (2022_ver.3] CAO 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 By: Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 By: OWNER Type Name and Title 26 Construction Services Agreement: 12022_ver.31 CAO 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 form). 3. Effective date of General one-year warranty from Contractor is: 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on 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.31 CAo EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefuily 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; avaiiabilly 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_ver.31 CAO 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 29 Construction services Agreement: [2022_ver.3] CAO limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction services Agreement: [2022_ver.31 CAO stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule, 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "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, 12022_ver.31 CAO 6. 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 oft -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. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218,735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Construction Services Agreement: [2022_ver.3] CAO 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 AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement: 12022_ver.31 CAO 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8A .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: 12022_ver.31 CAO 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 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRe 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 Construction Services Agreement: t2022_ver.31 CAO 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 for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Construction Services Agreement: [2022_ver.31 CAO 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 Owners adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction Services Agreement: [2022_ver.3] 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 Gaim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement: [2022_ver,31 Coo 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 Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors 1 Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement: [2022_ver.3] CAo if the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's ! Contractor's 12roposal 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:/Iwww.dhs.clov/E-Veri . It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 16. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES, 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement: 12022_ver.31 Q4 U 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) falls to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement: [2022_ver.31 CAO or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 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.31 CA O not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21 A 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 Agreement: [2022_ver.31 CA 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 Managerwith 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 withoutwritten concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. if any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23, DEFECTIVE WORK. 231 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.31 40 Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23A 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) CAo 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 Owners rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractors work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the 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 5A 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.31 C4 shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from 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: [2022_ver.3] OAO 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 Are 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 regulationswith respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 4s construction Services Agreement: f2022_ver.3j CAO 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. 39. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.neVpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall 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 CAO 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: t2022_ver.31 CAQ 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 Found to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction services Agreement: [2022_ver.3] CA O 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 oost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1,4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1 A 5 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense {Tickler} Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 52 Construction Services Agreement: [2022_ver.31 CA 0 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPStc"�r,colliercountyfl..q ) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and 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.31 CAC 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30130A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing 1 will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials 1 petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -matting authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction services Agreement: [2022_ver.3] FAO EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Attached hereto, following this page ® Not Applicable 55 Construction Services Agreement: [2022_ver,31 OAO