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Backup Documents 06/27/2023 Item #16C 41 0 U 4-. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP RECEIVED TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO JUN 7 1023 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County N"anagement Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with _ _ �.. . ____ _ ,:.__ aL__..-1 _,...�:.-,. E- 441 rh.nn.,h $7 --In to the checklist and forward to the County Attorney Office. the exception of the Chairman s st nature, draw a uuc uuOu , =vu==== Route to Addressee(s) (List in routing order) =u=— R= u =�� , ��--- -_-- •--_ ___________, Office Ini ials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office a 4. BCC Office Board of County Commissioners ( Z Z 4. Minutes and Records Clerk of Court's Office 5. Procurement Services Procurement Services PRIMARY CONTACT ENVUH1v1AIIV1v Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event _ one of the addressees above, ma Name of Primary Staff need to contact start for addttidnai L), 1_liss___ __ Ana Reynoso/ PROCUREMENT Contact Information 239- 252-8950 Contact / Department Agenda Date Item was JUNE 27, 2023 Agenda Item Number 16.C.4. Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 23-8092 Technical number if document is Technical Management to be recorded Management Associates, Inc. Associates, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes (Initial) N/A (Not Applicable) a ro riate. Does the document require the chairman's original signature STAMP OK N/A 1. Does the document need to be sent to another agency for additional signatures? If yes, N/A 2. provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. Original document has been signed/initialed for legal sufficiency. (All documents to be AR 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. All handwritten strike -through and revisions have been initialed by the County Attorneys N/A 4. Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the 5. AR document or the final negotiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's AR 6. signature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip N/A 7. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 06/27/2023 and all changes made during N/A is not an option for 8. the meeting have been incorporated in the attached document. The County this line. Attorne 's Office has reviewed the changes, if applicable. document is the version approved by the N/A is not 9. Initials of attorney verifying that the attached BCC, all changes directed by the BCC have been made, and the document is ready for the anoptionopttion for Chairman's signature. -yV&w 1 6 C 4 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Technical Management Associates, Inc. ("Contractor") of 10251 Metro Parkway, Suite 118, Fort Myers, FL 33966, a Florida Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Carica Pump Station Electrical Improvements", Invitation to Bid No. 23-8092 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Tetra Tech, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the 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: Nine Hundred Sixty -Three Thousand One Hundred Dollars ($963,100.00). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www fms treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. 1 �.w Construction Services Agreement: [2022_ver.3] �,,A 1 6 C 4 B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred eighty (180) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand one hundred and fifty-six ($1,156.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or 11 be omitted tt d fromr on a ay made a the computation, loainday by the law d the last day shall becomeapplicable thejurisdiction, cceeding day shall b which is not a Saturday, Sunday or legal holiday. 2 CIAO Construction Services Agreement: [2022_ver.3] 1 6 C 4 D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation ITB# 23-8092 "Carica Pump Station Electrical Improvements". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms ❑ Not Applicable Exhibit B-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions 3 Construction Services Agreement: [2022_ver.3] CA® 1 6 C 4 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 ITB# 23-8092 "Carica Pump Station Electrical Improvements". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsVnc,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: Tetra Tech, 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 Public Utilities Engineering & Project Management 3339 Tamiami Trail East, Suite 303 Naples, Florida 34112 Attn: Benjamin Bullert, Principal Project Manager Phone: (239) 252-2583 Email: Ben jam in. BuIlert(a col Iiercountyfl.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: Technical Management Associates, Inc. 10251 Metro Parkway, Suite 118 Fort Myers, FL 33966 Attn: Charles "Chud" Fuellgraf, CEO Phone: (239) 437-9582 Email: Chud Fuellgraf(aDfuellgraf.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. 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: 4 4"'L' O Construction Services Agreement: [2022_ver.3] 1 6 C 4 "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. 5 a" Construction Services Agreement: 12022_ver.31 CA 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 6 Construction Services Agreement: [2022_ver.3] CAO 1 6 C IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: La /M 6v21r, FIRSVVWKESS V dA Lee q J,-g,CF Print Nam6 SECOND WITNESS /J/aj Print Name Date: ATTEST* Crysfa k%ze1, le&4?.of Courts & OM i7 N- , 04airrnan's Witure crily A edastoFor and egality: Coun ty Attorney Print Name Technical By: %0 e! /' Print Name and 11nt Associates, Inc, / Date BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: RICK LOCASTRO, Chairman 7 Construction Services Agreement: [2022—ver.31 N 1 6 C 4 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: [2022_ver.3] CAO 1 6 C 4 O O 00 O C:) Q Ln m h0 O n N//� 00 E E E m u :3 :1 :3 : c V) cn Ln cn a eo a a a ra LA o2f c Z E E E m _ W F- a Qf9 I c m m D F- i I I I i z O a o C' - V1 W tA Y n a E a GJ : 7 C 0 _ c s E o o w c Cr O Q o _ � p •� a 3 S - w O a 0 -1 N M d Ln ~ wLi I- � c c fO � v E c ° o v 'A O L 0 3 S° C; o v c o O zs � U � L p_ O O 3 a N V 3 L O C 0 U cc m N p 7 O N bD C C •� G L U � V � .L O ci C � Y 3 m v O L C° E E v U v a -0 -C 3 o ° v C3 u t6 C 61 N O � v Q V � 3 c U ° 3 C Q o 3 v o o y � Q O `' C -p N W u Q U C W m a v c c f6 O 3 O O � s Q N Y N L to Y GJ 0 Y u U Y D � p O Y n0 �y m rc c mL-'E ° o v a � Y Q H ` N L O C .� G '^ O a O o 0 O u CL (C 4 7 1 6 C 4 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) Construction Services Agreement: [2022_ver.3] � A- 1 6 C 4 Collier County FORM 1-fill) RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COI.,LIER COUNTY, FLORIDA Carica Pump Station Electrical Improvements ,,,�� BID '0. 23-8092 Full Name of Bidder„_ ,\lain Business Place of Business— r—z -f , Telephone N r "94 Pax No._ + State Contractors License li State of Florida Certificate: of Authority Document Number & Federal Tax Identification Number DUNS t t,ii _ ('age Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (Itereinafler called the Owner) Solicitation 23-8092 The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this laid is submitted without collusion with any other person, firm or corporation; that it has caretidly examined the location of the proposed Work, the proposed form ofAgrecment 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 (lie 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 frill payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will Buller 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 dillicult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Otnter 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 3/20/2023 1:40a truction Solicitation Doc rev 04152022 p. 7 CAO Collier County 1bVff Solicitation 23-8092 above tinted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the tmdersigned proposes to commence work at the site within five (5) calendar days from the commencement date st ipulated in the written Notice to Proceed finless 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 Rid within one hundred eighty (ISO) 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 alter Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize A 3120/2023 1:4669`N$truction Soticitatiort Doc rev 04152022 P. S CAI Collier County I Dud+ Solicitation 23-8092 A site visit will be provided to all potential bidders Site Visit Carica Pump Station 7200 Goodlette Frank Road Thursday March 2, 2023 at 11:00am Change 2: The bid due date and Q & A deadline have been extended as follows: Bid Opening Date rime: Mareh March 23, 2023 at 3:00 pm est Questions and Answers Deadline: Marc17 16, at 5:00 pm est Item Response Form Item 23-8092-01-01 • Total Bid Quantity ac Unit Price Delivery Location Collier Couniy 1. Procurement Services 3295 E. Tamiami Trail Building C2 Naples FL 34112 Qty 1 Description Total Bid, see attached bid schedule p. 3 3/8/2023 9:49 AM CAC Collier County 1 6 C 4 Solicitation 23-8092 FORM 2 - CONTRACTOR'S KE V PERSONNEL ASSIGNEDTO THE PROJF.,CT (''arica Pump Station I?leetrical Improvements Bid No. 23.8092 Name Personnel C'atmo-Ty Construction Superintendent U, / ' Project :Manage r #tl Construction Solicitation Doc rev 04152022 3/20/2023 1:45 PM P. 9 Me] 1 6 C 4 Collier County FORM 3 - MATERIAL f►MAiYUFAcTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEENIFD NON -RESPONSIVE Solicitation 23-8002 All Bidders shall confirm by signature that they will provide (he manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other .forest products produced and manutactured in the State of Florida as long as the price, litnessand quality are equal. Exceptions (when equals are acceptable) may berequested by completing the Material !Vlanufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listedbelow and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications., / Company: tr Signature: Section B (Exception requested to Bid specifiliations manufacturers and materials) EXCEPTION MATERIAL Please insert additional pages as necessary. Company: EXCEPTION MANUFACTURER Signature:. Date Construction Solicitation Doc rev 04152022 3/20/2023 1:45 PM P. 10 WA181 1 6 C 4 Solicitation 23-8092 Collier County FORM 4 �-L'IST OF MAJOR SUBCON71'RACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors RA, the major categories outlined in the requirements of the Bid specifications. The tindersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer, Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, %Ai ich 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,.vork on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 2, Mechanical 3. Plurnbin& 4. Site Work 5, Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company, Signature: Ike . . . . ...... Date: Construction Solicitation Doc rev 04152022 3120/2023 1:45 PM WE 1 6 C 4 Collier County FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER Solicitation 23-8092 THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide Five (5) project references, stated below, ol'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 terns of the Agreement. 2. a !9 p oject name) Project (project y esuipi(on) (moil ct stari(comp4/on�,) (contract s..5-77 / 60 (contract value) ,Oo� 41 (project name) A /1' Construction Solicitation Doc rev 04152022 312012023 1:45 PM . ........... .... .. . . . . .. . . .. ......... ................... . ..... . ........ . . . ...... . . ................. ..... _V6wner's ad ess) contact person-0) . ..... (phone) (e Wd# y e6�M4_ ... . . .... . ... . .. (ONNi4r' s addi ess) (title) 41%mr�s �Colitac perso, (phone) 9 -6%-v-- �' -- - 6 _r 's contact I'Soll) n r e (title) . .... ........ .. ........... Ata (phone) (ernall) Aa-lckell"4 I p. 12 CAO i 6 C 4 1, O Colfier County Solicitation 23-8092 FORM 5-STATEM>E NT©rEXPERIENCE O> BIDDER (project name) (project klf4ef f o (project descri ion) zdv A-r (project comp �tiott date) (contract aloe) (protect name ". 6 ..._..... _....... _ ............................ (Project owner) wtler's ddre. Owner's contact person) (Pl7one) A, ff.10n1 veil (project owner) _ ��_ (protect location) (owncr's a r12 ess) (project description) (Owner s contact person) (title) 49 (Project com letion date) (contract value) (phone) (email) r,r�i ,t,�f% V fib '^' ' > Company7-4 Signature; t)atelyi..e- Construction Solicitation Doc rev 04152022 3120/2023 1:45 PM P. 13 it 1 6 C 4 Collier County Solicitation 23-8092 FORM 6 -TRENCH SAFETY ACT THIS FORM MUSTBE COMPLETED D OR BIDMAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items ofthe 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 idetttifies the cost to be summarized below: 'french Safety Units of Ultit Unit Extended Cast Measure Measure(Quantity) Cost ff7escrintiotal [( FSYI 2. 3. 4. 5. TOTAL Company Signature Construction Solicitation Doc rev 04152022 3/20/2023 1:45 PM p, 14 E, 1 6 C 4 }'•JnHiiiN�Ii,.EE,I{l'..+�;�.}}j"'u�s�E THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE (+ �i�jvIEN BY THESE PRESENTS, that we Technical Management Associates etro ar wa , u to t 18ELM e� (herein after called the Principal) and ua 0, ,airy and s.sty lnsv a=e Cornpany. 233 Needham s+, suite aao {herein called the Surety), a corporation chartered and w exa n�aa,� + existing under the laws of the State of Nebraska _ with its principal offices in the city of Newtown MA aL�hor.zV rod 1kbu ss in the State of Florida are held and firmly bound unto the o ter aun y oar o aun y Commissioners hereinafter called the Owner), in the full and just sum 3295 T.=L Trail East atdg Q 2 NnplP.s EL 3411� Of Five Percent (5%) of amount bid------- -------- --------- dollars IS ------ good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for famishing all labor, materials, equipment and incidentals, necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 23-8092 Carica Pump Station Electrical Improvements NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and delivnerato Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ or amount big--- noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 23rd day of March 2023. Technical Maement Associates Ill Countersigned r\.r f34 1 vw - — Wh Quillin, Att ey-in-Fact, Florida License # W536637 Appointed Producing Agent for United Casualty and Surety Insurance Company Principal (Seal) `0 _ ...(Seal) t S :4 C et CAO 1 6 C 4 UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY Agency No: 171386 KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety insurance Company (collectively, the Companies), do by these presents make, constitute and appoint: Anthony Baltano, Deborah Roth, loAnn Smith, Cynthia S. Richter, Whitney R. 4uillin, Richard J. Taylor its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed Three Million Pive Hundred Thousand & 00/100 Dollars {tom S00-000,QD 1. This Power of Attorney shalt expire without further action on December 31", 2024, This Power of Attorney is granted under and by authority of the following resolutions adopted by the board of Directors of the Companies at a meeting duly called and held on the 1" day of July,1993: Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys•in•Fact of the Company, in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-imFact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Cornpany in their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal maybe affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, original signature of such officer and the original seat of the Company. to b\sVV1 bh$ hfnhfnpjtyp'on the when so used being hereby adopted by the Company as the Company with the same force and effect as though manually affixed. \yytlttlfllfrr7, Q .•' �%�i iN WITNE5S VJNEf, the Co7utardr[, have caused this instrument to be signed and their corporate seats to be hereunto��ff, this 25th day 0flahuatY,0i3 UNITED CASUALTY AND SURtTYIINSURAi�ti &EPANY y s rI US Casualty and Surety lnsuTa W;Comyany ` ��y'�- �F United Surety Insurance Copy 3�lc, �t1srSt Y •r,'N,:d+,l °°'' � �: . Michael T.Porsc , Treasurer /r�/rrfrlttltt�` �r `T s�` Corporate Seals ''rlf,irtlt1s Commonwealth of Massachusetts County of Middlesex ss: On this 25th day ofJanuary, 2023 , before me, Colleen A. Cochrane, a notary public, personally appeared, Michael T. Porsch, Treasurer of United Casualty and Surety Insurance Company, US Casualty and Surety insurance Company and United Surety insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. COLLEEN A. COCHRANE t,c (Seal) 0NoWly Public, Commallvi'ea9ttl of MasWifseft a Pubiir 1; CommissionExpir :10/27/2028 fr)�Oti111t3SSE0ftElplRBSiI'fi�i� O .e Q�� ..,....... Ni f I, Robert F. Thomas, Pr"Icle . of tJni[ed Casualty j�yd Sfjlety insurance Co ospa Power ©sAtto ney, execuledand Surety sbysa d Companies, urance company twhich isst 11inyfull force and effect; do hereby certify thatsftt $$ or e and foregoing is, fr to and correct copy furthermore, the resoluty of the'J.Vd4SRrectdrt:but in the Power of Attorney are in full forcR,$4 effect. Ct: f ; et In Witness Where ad here �0 5 Amy h:}r�d antlG�Ifixed the seai2s f s 'd mpanies at Newpor `Wlassachusetts this _ J day Of " dt}O Corporate Seals �` _ o. ,, �� "` rrftStt�� Robeomas, Pr0r2ent b TO CONFIRM AUTHENTICITY Of THIS BOND OR DOCUMENT EMAIL: CONfi1FYM8O7VDIOCASUALTY.COM CA 1 6 C 4 Applicant Company Name; UNITED CASUALTY AND SURETY INSURANCE COMPANY NAIC No: 3622b FEIN:581847495 Uniform Certificate of Authority Application (UCAA) Certificate of Compliance STATE OF FLORIDA. OFFICE OF INSURANCE REGULATION I, PAVED ALTMABR, hereby certify that I am the* INSURANCE COMMISSIONER of the State of FLORIDA and have supervision of insurance business in said State and as such I hereby certify that UNITED CASUALTY AND SURETY INSURANCE CoMWANY of OMAHA, NE is duly organized under the laws of said State and is authorized to transact the business of D )70 OTHER LIADILITY,D_230 FIDELITY.D 240 SURETY,** insurance in this State. IN TESTIMONY WHEREOF, I have hereunto set my hand at Tallahassee Florida on this 8'f day of April A.D. 2021. ?uAo4 A0r ,,�,sttttrl�, David Altmaier "IH'qc ��aavdts� * insurance Commissioner, Officer or Superintendent of insurance authorized to certify to the insurance business within the domiciliary state. ** Lines of Insurance as shown on Form 3 of UCAA C 2016National Association of insurance Commissioners 1 Revised 8I18/04 FORM 6 CAO 1 6 C 4 United Casualty and Surety Insurance Company Newton, Massachusetts Statement of Assets, Liabilities, and Surplus Year Ended December 31 Year Ended 2022 2021 Admitted Assets Cash and Short Term Investments $ 31,465,020 $ 20,377,739 Stocks 8,768,938 17,168,177 Bonds 7,551,512 956,164 Uncollected Premiums & Agents' Balances 1,435,198 1,203,732 Other Assets 1,545,047 257,589 Total Net Admitted assets $ 50,765,715 $ 39,963,401 Liabilifies Funds Held as Collateral $ 21,026,579 $ 9,185,872 Unearned Premium 6,512,401 4,579,947 Losses 1,469,311 1,070,642 Other Expenses 415,552 318,732 Taxes, Licenses, and Fees 180,394 121,675 Loss Adjustment Expenses 221,268 310,884 Payable to Parent or Affiliates 1,277,138 370,027 Ceded Reinsurance Payable 173,769 103,004 Other Liabr7ities 318 47,507 Total Liabilities $ 31,276, 730 $ 16,108,290 Capital and Surplus Paid In Surplus $ 16,615,161 $ 16,615, t 61 Unassigned Surplus 378,079 4,744,205 Common Stock 2,600,000 2,600,000 Less Treasury Stock 104,255 104,255 Total Capital and Surplus $ 19,488,985 $ 23,855,111 ~11 s A I��I11V,,1111\ I, Michael Porsch, Treasurer and Secretary of United Casualty and Surety Insurance Company, hereby certify that the above is an exact copy of the financial statement of the Company dated December 31, 2022, and is a true and correct statement of the condition of United Casualty and Surety Insurance Company as of that date. 1N TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company this 6` day of March 2023. �� By- Michael Porsch, Treasurer and Secretary C (-I 1 6 C 4 z v N�ny-� tom � o ��'`�Cr .rn' om Z s 00-1 tj c �CL '57 ID j G co N N 'rh �. ( d W v .P n W N N a SU p e n �. c4,0 N tD N c= CD Csr - oOn3 ZC j 3 -nC Q :Co 0 �> b9 CL 0 0 a r :3< 0 ^��3 cv 0 > � z o @ z N M (D V) ACE c . A u- 1 `��rrrll11111\\ iv AC Collier County 1 6 C Solidlation 23-8052 FORM 8- INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the fill insurable value of the scope of work. The County and the Vendor waive against each other and the CounVs separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) fortes and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days MTitten notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) )tours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverageUs) 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 Vendor shall fiirnish to the County renewal or replacement Certificate(s) of insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to termivate any and all contracts. P. 16 3120/20231 A5 PM CA® Collier County 1 6 C 4 Solicitation 23-8092 Collier County Florida Insurance and Bonding Requirements Insurance 1 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 proofof exemption. An application for exemption can be obtained online at littns:- apps.tldts.convbocexempt! 2. ® Employer's Liability 5_1,000,000_ single limit per occurrence 3. Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the ST1,000,000�single limit per occurrence, $2,000,000 aggregate for Bodily Injury Li current ISO form ability 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 or utilized by the Contractor/Vendor in the performance ofthis Agreement. 5. Automobile Liability S_1,000,000— Each Occurrence; Bodily Injury & Property Damage. Own edMon-awned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft S Per occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution S _ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per occurrence ❑ Technology Errors & Omissions $ Per Occurrence 3120/2023 1:45 PM p.17 Collier County 1 6 C 4 Solicitation 23.8092 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200.000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. 0 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 perforated on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13, ® Thirty (30) Days Cancellation notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GO —1 /30/23 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. 3/20/2023 1:45 PM P. 18 M! 1 6 C 4 Collier County Co ier tom ty Procurement Services Division Solicitation 23-8092 FORM 4--f ONFI.1CT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — line firm has not set the "ground rules" for affiliated past or current Collier County project identified above (c.g., writing a procurement's statement of work, specifications, or perforating systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. impaired objectivity —"rhe firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which Wray have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. Ili 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) andlor 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 theabove referenced project(s). By the signature below, the firm (employees, officers anchor agents) certi ties, 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) wl disclosed and does not pose an organizational conflict. State of C kQ)Ud)1 County of The foregoing instrument vvis acknowledged before me by means sical presence or ❑ online notarization, this tiZ 1 F of Ct1aCC„ month .� car), by C') (name ( ) (y 'ofperson acknowledging). ;�7-- day Notary Public - State of Florida) r _� I q0 (Print, Ty or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification �C1 Type of Identification I'rcxluced { SHY 30HHSON 11 .............................-- — -....._-............................ �. � �m� f�iotary Public, State at ftarida Commissionil HH 277890 fay oanm. expires June 19, 2026 3/2012023 1:45 PM P. 19 CA® Collier County 1 6 C 4 Solicitation 23-8092 Gliew Comity Procurement Servioes Division FORM 10—VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is trade 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 specilicationslscope 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. ryry IN WITNESS W F F, WILE hereunto sub 'bed r ua s on this (,• 'day of ?0Z, the County of _ � in the State of_0hl 4 Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Nurnber Federal Tax Identi fication Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: 3/20/2023 1:45 PM MM p. 20 '-�_O Send payments to; (required ifdiflerent from above) Contact natne: Title: Address: City, State, Z1E' Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: 3/20/2023 1:45 PM 1 6 C 4 Collier County Solicitation 23-8092 Additional Contact Information Company name used as &T NOa=x , ,% p. 21 CA® 1604 Collier County Solicitation 23-8092 Co -re-r County Procurement Services Division FORM 11-fiMMIGIUkTIONATF'IDAVITCERTIFICA't'ION 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-Vcrify 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 ofthe properly cornplcted F.-Verify Company Profile page or a copy ofthe fully executed E-Verify Alentorandum of Understanding; for the company Nvhich will be produced at the time of the submission ofthe Vendor's bid or within five (5) (lay of the County's notice of Recommend Award. FAILURE TO EXECUTE 'PHIS AFFIDAVIT" CERTIFICATION AND SUBMIT E1'1'I'H VENDOR'S PROPOSAI.JBID NIAY DEEM THE VENDOR NON -RESPONSIVE Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, amstituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination ofthe contract by Collier County. Vendor attests that they are firl ly compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes 048.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (F..-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. ., f State of County of l The foregoing instrument was acknowledged before me by means of this ?k . _ day of (ii(\(Cn (month), Q Z`J (year), by of person acknowledging). Personally Known OR Produced Identification CSCUC''_r_._._............. C( Type of identification Produced iipany Name t _..._.................. .._..--- ...._..,---- Signature .rG1lLrf.� ..._ts7 Print Name a1> Title or 0 online notarization, �(Signa a of Notary Public State of Florida) or Stamp Commissioned Name of Notary Public) 1�,t a1� SHY JOHNSON c. Notary Public, Stale of Florida Commission# HH 277690 My Comm, expires June 19, 2026 3/20/2023 1:45 PM p 22 CAO Collier County 1 6 C 4 Solicitation 23-8092 ***1 Nt RE.b'IIM ONLY --NOT IMQUIRI:L} UN I IL AIV;QD IS MADI'l—P .F.A.Sl',kiI; ('ON5TRUCHON AGREFAIIi\'I't* EXHIBIT B-1: PUBLIC PAYMENT BQND Carica Pump Station Electrical Improvements 8092 KNOW ALL MEN BY THESE PRESENTS: That bound to we bind ourselves, our heirs, executors, personal severally. Bond No. Contract No. 23- as Principal, and , as Surety, located at (Business Address) are held and firmly as Obligee in the sum of ($ ) for the payment whereof representatives, successors and assigns, jointly and WHEREAS, Principal has entered into a contract dated as of the day of 2023, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal Promptly makes payment to all claimants as defined in Section 255.05(l), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2023, the name of each party being affixed and these presents duty signed by its under -signed representative, pursuant to authority of its governing body. 3/20/2023 1:45 PM p. 24 CA® Collier County Solicitation 23-8092 'FA Signed, sealed and delivered in the presence of: Witnesses as to Principal BY: NAME: ITS: PRINCIPAL STATE OF COUNTY OF The foregoing instrument was acknowledged before Ine this day of 2o_, 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) NAME: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety 3/2012023 1:45 PM (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) p. 25 CAO Collier County 16C4 Solicitation 23-8092 • Witnesses STATE OF COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Prilited Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 2023, by as of St_Irety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: W2012023 1:45 PM p. 26 CAO Collier County a Al Solicitation 23.8092 fiax'}'OR RGVII-W ONLY —NO I'RI!QIIIRIA) UN 111, AWARD IS NIADE—I'I-FAN& Si. VCONS I RUC I IM AGRI:I:NILN"1'k'K'z EXHIBIT B-2; PUBLIC PERFORMANCE BOND Cariea Pump Station Electrical Improvements KNOW ALL MEN BY THESE as Address) are held and firmly bound to Ob 1 igee Bond No. Contract No. 23-8092 PRESENTS: That Principal, and as Surety, located in the sum at (Business as of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2023, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 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 frill 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 tinder 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 tinder 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. 3/20/2023 1:45 PM p. 27 CAO 16C4- Collier County Solibtation 23-8092 IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2023, the name of each party being affixed and these presents ditty signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL BY: NAME: ITS: The foregoing instrument was acknowledged before me this as corporation day of , 2023, by of , a corporation, on behalf of the He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) 3/2012023 1:45 PM (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: p. 28 CAQ Collier County Solicitation 23-8092 ATTEST: SURETY; (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Witnesses as to Surety OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) Witnesses (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2023, by ,as of ,a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires; (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 3/20/2023 1:45 PM P. 29 CAO 16C Co i<er County Procurement Services Division Email: Patrick.I3oyle(4,colliercoLtrntyfLgov Telephone: (239) 252-8941 Addendum #1 Date: 2/22/2023 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum 41 Solicitation tit 3-9092 Carica Pump Station Electrical Improvements The following; clarifications are issued as an addendum: Change l: A site visit will be provided to all potential bidders Site Visit Carica Pump Station 7200 Goodlette Frank Road Thursdav March 2 2023 at I I :00am Change 2: "1°Inc bid due date and Q & A deadline have been extended as follows: Bid Opening Date/Time: March 23, 2023 at 3:00 pm est Questions and Answers Deadline: March 16, at 5:00 pm est if you require additional information, please post a question on our Laid Sync (v,,�yw.bidsync.cotn) bidding platfomi under the solicitation for this project. Please sign be on and return a copy,4 this Addendum with your submittal for the above refe7n , d ictation. (Signa ere) l to f (Name of Finn) CAO Cote-r County Procurement Services Division Date: 3/ 17/2023 Email: Patrick.Boyle@colIiercountyfl.gov Telephone: (239) 252-8941 Addendum #2 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #2 Solicitation #23-8092 Carica Pump Station Electrical Improvements The following clarifications are being made in response to questions posted on the County's bidding platform, and are hereby incorporated into the bid: Question la: DWG #E-301 Panel "Ll" is shown as 277/480Y 3O14W. #E-401 shows 208/120 3O/4W. what is the intent? Answer: Panel LI is 208/120 30/4W Question lb: DWG #E-301 Panel "12" is shown as 277/480Y 3O14W. #E-401 shows 208/120 3O/4W. what is the intent? Answer: Panel L2 is 208/120 3O/4W Question le: There are 2 Panels "Ll" & "L2" shown on E-301, neither one matches the description shown on E-401 Answer: Panel L1 and L2 are 208/120 3O14W Question Id: Can branch circuit wires that are not long enough to reach the new breakers be sliced in in a junction box in lieu of pulling new homeruns? Answer: No, new homeruns shall be provided. Question le: I the cases where the existing conduits are larger than the replacement conduits can the existing conduits remain and be used? CAC 1 6 C Answer: Existing conduits may be extended and reused ifadequately sized. If you require additional inforniati on, please post a question on our Bid Sync (u%kyw.bids nc.com) bidding platform under the solicitation for this project. Please sign b bw and return a copy Afiis Addendum with your submittal for the above refer n pe d e licitation. Of fSignat irel fJate T. of firm) CAC f o tsar Coi4nty Prtx>C+.►rernent Sevic$s Division F,rnaii: Pal :pick.Boyle(ci colliercoirtityll.gov Telephone: (239) 252-8941 Addendurn i#3 Date: 3/23/23 From: Patrick Hoyle, Procurement Strategist To: Interested Bidders Subject: Addendum #3 23-9092 Carica Pump Station l lectrictal Irnprovernents The following clarifications are issued as an addendum: Change I: The bid due date has been extended as follows: Bid Opening Date.,/Titne: 23, March 30, 2023 at 3:00 pm est If you require additional infoinaation, please; past a question on our Chid Sync (www.bidsjgnc.coni) bidding platform under the; solicitation for this project. Please sign be and return a copy referEncld s tcttation. ame of Firm) Addendum with your submittal for the above A� zoolkce&Ao�i�� CAO 1 6 C .. E-Verify Company ID Number: 2110605 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY •Y i S Y[ VMS AS[ Kr W DNS amp S" The parties to this agreement are the Department of Homeland Security (DHS) and Technical (Employer), The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify, E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration {SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (11RIRA), Pub. L, 104-208,110 Stat.3009, as amended (8 U.S.C. 41324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIESOFTHE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system; a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CA® 1 6 C 4 - erg 4 y Company ID Number: 2110605 �.y[f i Ft If f ffD4H[ bf DNs lslb 51f 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1.9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551(Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Nate: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9, 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the anti- discrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List D identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAO 1 6 C rz-Verify Company ID Number: 2110605 X I -, ! S&I � (� 91911"IsA s1-1 [ 9J DKLA. M employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as manysteps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use F-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article Ili below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111,8. 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 theverification 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 nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence thatthe employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CA® 1 6 C 4 E-Verify. Company ID Number: 2110605 .' rwrv( •. C Wall, 111 R.- .1 b.,... 1. (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contractor other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline), 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 2748 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 2748 of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1.800-237-2515 (TDD). 15, The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify a@uscis.dhs. . Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify. 17, The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAO . E-Verify Company ID Number: 2110605 !YlPIFT lSF![PYKI Oi OXiAfID SSF reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos maybe used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22, The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU, B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAA 1 6 C F.-Verify. Company ID Number: 2110605 C-WRIFT IS 51. I Of OHS 0 SM b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to onlyverify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new h ires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6,1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii, The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). The Employer shall complete a new Form 1-9 consistent with Article II.A,6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article I I.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CA® 1 6 C 4 E-Verify. Company ID Number: 2110605 \C �,rNl\ a� �Ug r � NE 1t�•` C NI XI1Ni1l IMICC O1 OX/1XJfu 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 additionalor superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government workdays of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer, Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1, DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAO 1 6 C 4 E-Verify, z a hol E�Y£AI f s MA S£AYI{F Ds PISAN US" Company ID Number: 2110605 b, Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify, 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLEIII REFERRALOFINDIVIDUALSTOSSAAND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify, The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. Page 8 of 17 E-Verify !SOU for Employers I revision Date 06/01/13 CAO 1 6 C 4 r=-Verify Company ID Number: 2110605 !w!RFFY ff M,..Of C. -D sv The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E•Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government workdays. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database {the Numident} or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1, If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation, 3. The Employer agrees to refer individuals to DNS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAC 1 6 C 4 E-Verify, Company ID Number: 2110605 0, -o" .-A, FY.$.1 P aCi 0p5AN0 SSA employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federat Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1of this section for tentative nonconfirmations, generally, G. 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. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9, While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1, SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLEV MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shalt continue in effect for as tong as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAO 1 6 C 4 E-Verify, Company ID Number: 2110605 B. TERMINATION .%�{h D SS�JfC1 IV I RIFY IS A HRYKE Of DNS AND SSA 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at anytime if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements, The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non - Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees, 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed, Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D, Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 cko 1 6 C E-Verify. Company ID Number: 2110605 d+vn ss� L NAIfY1 A$k-Of OM IAMGSSA E. The Employer understands that its participation in E-Verify is not confidential information and maybe disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and OHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218, Page 12 of 17 Verify MOU for Employers I revision Date 06/01/13 CA® 1 6 C 4 E-Venry" Company ID Number: 2110605 Approved by: az f''n�sixr�. _ — ----- --- _ Ern toyer Tec nical Management Associates Name (Please Type or Print) Title Charles fueilgraf Signature m Date Electronically Signed 03123/2023 Department of Homeland Security -Verification Division Name (Please Type or Print) Title USCIS verification Division Signature Date Electronically Signed 0312312023 i Page i3 r;f £7 F-Verify IuOU for mpioyers I 'fie +is on Date 06'01/1.3 CA® 1 6 C 4 E-Verify Company ID Number: 2110805 ^i1 w fJ. A i)A �� llllill E-Viillr 1$ i$I.Kf 010Kf R.0 W Information Required for the E-Verify Program Information retating to your Company: Company Name Technical Management Associates Company Facility Address 10251 Metro Parkway STE 118 Ft Myers, FL 33966 Company Alternate Address County or Parish LEE Employer Identification Number 251823908 North American Industry Classification Systems Code 238 Parent Company Number of Employees 5 to 9 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/101/13 CA® 6C4 r=-Verify, Company ID Number: 2110605 1 YLfI if r it � SLYf�[L �! DMS L AD iSA Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FL 1 Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 WE 1 6 C E-Verify. Company ID Number; 2110605 fs�R'- G E-YEAI/ Y]S A SEMVIEI Of ONS AM I SSA Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Charles fuellgraf Phone Number 7245440022 Fax Email chud.fuellgraf luellwaf.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CA® i6C4 LjF��` t�SA eri aA�YY�u± t �VlA IfY IS A SERVK[ Ot DNS AM SSA Company ID Number: 2110605 This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers I Revis'on Date 06/01/13 CAO 1 6 C d 5/1/23, 9:45AM Detail by Entity Name DiVi. ION of Cosmos ATiONS / �.'org , De a m nt of g / Divisign of Corporations / 5orQh Recorda / aoL h pY nti Name / Detail by Entity Name Florida Profit Corporation TECHNICAL MANAGEMENT ASSOCIATES, INC. Filing Information Document Number G56697 FEI/EIN Number 25-1823908 Date Filed 08/24/1983 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/04/2018 Event Effective Date NONE Principal Address 10251 METRO PARKWAY SUITE 118 FORT MYERS, FL 33966 Changed: 05/04/2018 Mai Ing_Address 10251 METRO PARKWAY SUITE 118 FORT MYERS, FL 33966 Changed: 05/04/2018 Registered Agent Name & Address FUELLGRAF, CHARLES 10251 METRO PARKWAY SUITE 118 FT. MYERS, FL 33966 Name Changed: 08/30/2019 Address Changed: 01/08/1999 officer/Director Detail Name & Address Title President https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=TECHNIC... 1/3 CAO /3CA® 5/1/23, 9:45AM Detail by Entity Name FUELLGRAF, TERRI L 166 MCKAY ROAD SAXONBURG, PA 16056 Title CEO FUELLGRAF, CHARLES L, III 8934 CRANES NEST COURT FORT MYERS, FL 33908 Annual Reports Report Year Filed Date 2020 01/17/2020 2021 01 /07/2021 2022 01 /24/2022 0112412022 — ANNUAL REPORT ............ View image in PDF format ................. ...................................... ........................I .......... ........ _.. 01 7/2 2 -- ANN AL REP RT .................. View image in PDF format- . ........................................ ............ ..................... ..........._. o1J17/2oR0 - ANNUAL REPORT View image in PDF format 08130120i9 -- Reg. 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REPORT View image in PDF format ................................... 01/19/2OQ5 -- ANNUAL REPORT View image in PDF forma# .............. 0412aQQ04 -- ANNUAL REPORT View image in PDF format 02/13/2003 — ANNUAL REPORT View image in PDF format 03/07/2002 ANNUAL RKPORT ...................... View image in PDF famiat ..... I .......... 1/ 1 -- A N,8 R P T View image in PDF format 03/0812004 ANN UAL REPORT— View image in PDF format 07/30/1999 —,ANNUAL REPORT View image in PDF format ...V 0619211929 -- NamNaLne Qhangs .. .i.ew . image . in PDF format 01/o81199g -- REINSTATEMENT View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=TECHNIC... 2/3CAC 5/1/23, 9:45AM Detail by Entity Name 1 6 C https://sea rch.sun biz.org/Inquiry/CorporationSearch/Search Resu ltDetai I? inquirytype=EntityN ame&directionType=l n itial&searchNameorder=TECHNIC... 3/3 CA® 1 6 C 4 State of Florida Department of State I certify from the records of this office that TECHNICAL MANAGEMENT ASSOCIATES, INC, is a corporation organized under the laws of the State of Florida, filed on August 24, 1983. The document number of this corporation is G56697. I further certify that said corporation has paid all fees due this office through December 31, 2022, that its most recent annual report/unifonn business report was fled on January 24, 2022, and that its status is active, I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Tweny-second day of March, 2023 SeC7't'.t!!Tofriate, Tracking Number: To authenticate this certifleate,visit the follovfing site,enter this number, and then follow the instructions displayed. ht tps:ll s e rvi ce s. su nb iz. o rg/Yl ll a gs/Ce rtiti ca to O fS to t u s/C a rti ric a to A u th en ti c at i o n II . ❑ » � 30 D a Z a v_ on 5, ;s. :.i ,...fti7 +t ,i e.c•NTi r '1:/s •"M (D F: Q:'.. t..^'" ,�S.or3 iii' ". .; .:' ''A: i i .)..r •.�,� Z ! .fit fD yri x j3 [ ',f�"}•A "'!�;lii��;:: QJK N DE ° flri7 '\< d:.F'� '•�l.i "',,'S,e•°{ 5, �t D fD fD j h � ? i �...:'. ,� >4 ; r t f F,. c. � •t j l > j { D uiri 3 C ! _ — rD n 0 � � ,;; i' - to N W st {pfD o c Z od r- Ln _ c J m O 7a ro o m rt v I � Z i 'j tv39 L • %LOZ-0t AOOQ-MW^1 xcsmt'oN 70 ' dnPeq si 1a1�+ �+'6m cv POW* �gq AAw no f ' IN* A40w ea W c! 6-M uuad wMw tot+ op natX WLL sn s+ qq m itSulPV4 uosrad •s met 410 90A apv�a�a 'h+�jc� � e-an truou esn (Ruamd lug 14 pow-Pmp m bo2) V-M t >aio�j • wp Poln um O-mo l W-j • ( Mww 1-m 'fives vml iuspn;s) owato ggp! 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}uasuoo s,AjaanS ay} jo Adoo pa}noaxe Alnp e 'se IIaM se ':D j g14x�j se pauoejje llneplJjb pue asealad ayj jo Adoo pazlaejou pue palnoaxa Alaadoid e uilM jauMp paysivanl aney hews '}uaw wed leuij of Iy6ii s,ioloealuoo jo lenaooe ayj o} luopaoaid uoillpuoo llolldxa ue se pue 'Isalj aoj0eajuo3 ;eel} papinoad 'uiaaaq 6'0Z uoljoaS u3lM ujjoj jas se aabeuen }oafoid Aq paldaooe pue pajoadsui AlleUll sl �aoM ayj aa}je juawaI.Aedaa eoueuld s,linoo jo �aalo ayj pue uolsinla seoinaaS luawaaanooid s,Ajuno:D ay} Aq pegsilge}sa sainpaooid aniJea}siulWpe ayJ pUe 'S"-� `gEL'81-Z uo4oaS qI!m aouepa000e ui aojoeajuo3 01 JUE)w (ed leuij @� ew lleys aauMp V9 '1NBWAVd -IVNld -AIjoaalpui Jo Al}oaalp 11saaajul dlysaauMo Aue splou Auedwaoo eqj jo ijelplsgnS e ao juaied e ao Auedwaoo ayl uoluM ul Alpa aaujo ao Auedwaoo Al!llgeil paIlwall 'dlusaaulaed 'uoljeaodaoo 'ssaulsnq Aue pue Auedwoo aqj jo kL-ipisgnS ao juaaed Aue se paullap eq lleys Alpa pajelai y -saa} s,jojoeajuoogns ayj dn->laewa }ou lleus jojoea}uo:D aqj uayl 'aoloealuoo eqj of Alp@ pajelai e si aoloei}uoogns e 11 b"5 'joeajuoo e gj!M uoljeloosse ul paaanllap sleuajewa aoj jo pawaaojjad S901AJGS JOI aojoea}uoo ao 'OpuaA ail} 01 panto junowae eqj bulAIdde Aq Ajunoo aqj of panto junowae au} jes-,}o of jy6u aill sanaasaa Ajuno:D auj 'slgap osagj Ajsljes of }uaw96ueaae apewa aou pal}siles IOU sey aoloeiluoo ayj pue Ajunoo aalllo� of (saa} aaujo ao saxel of pE)I!wil IOU Inq 'bulpnloui) slgap aMo Aewa aoloealuoo Injssaoons aLIJ aaagM saoueIsul ul £'5 'aauMp pue aojoeajuoo uaampq juawaaaa6e aayjo Aue ao juawa9aa6y siyj jo ino 6ulslje ao 01 bullelaa aagj@gm 'aauMp o} ao}oeajuo310 suolle6llgo paIepinbll-uou ao palepinbil /ue 10 junowae eqj ao}oealuoo anp swans Aue jsuie6e jas4o Aewa osle jaumo-asuadxa s,aojoeajuoo le uol;enjls aqj bulAjl}oaa of aoud aoljou ua11iaM AUe aoj0eajuo3 apinoid o} paalnbaa aq IOU dews aauMp 'Aouabiawaa ue 10 Juana ayJ ui 'aanaMoy papinoad -asuedxe s,aojoeajuo3 le owes ay; �4Iloaa 'aoijou u9pim sAep (£) aaau} J94e 'Aewa aauMp 'panouaaa ao paipawaaa IOU a.1e -1,-9 ul paquosep suoljlpuoo Aue 11 Z'5 -aojoejjuo:D Aq sjuawnooa joealuoo aqj jo uoeaaq leua}ewa aagjo Aue (5) ao 'aoloealuoo aqj Aq �joM ayj jo uoilnoasoid kojoe}silesun 0) 'auaii joealuoo aqj ululIM pajeldwaoo aq }ou IIIM �joM eqj 1egj uolleolpui alcleuosew (a) .Iunow V joealuoo ayj jo aoueleq pledun eqj aol pejeldwaoo aq ueo �aoM aqj }eu} jgnop algeuoseaa (p) 'juawadlnbe ao sleuajewa 'aogel joj jo sioloealuoogns of Apadoid juaw Acd @� ewa of joloealuoo }o aanllel (o)'sualelo eons jo bulllj algegoad 6u1je01pu1 aouapina algeuoseaa ao pallj swalelo Allied pa14l (q) 'palpewW IOU )IaoM anl}oaJa4 (e) :jo asneoaq ssol waoaj I! joa}oad o} uoiuldo s,aaumo ayj ui Ajessooau aq Aewa se juajxa eons of 'aoloealuoo pue aauMp ueemlaq juawaaa6e aagjo Aue ao juawaaaa6y sigj aapun aoloealuoo anp aslMiaujo sjuaw wed Aue plouullM Aewa aauMp pue ponssl Alsnoinaad ;uawAed aol lenoadde Aue jo lied Aue jo alogm eqj Apllnu AL-wa aabeuew joefoid aui -sluawanooQ }oeiluo:D auj u}iM eoueildwaoo -uou leanaa 1egj suoljoadsul juanbesgns ao aouapina paaanooslp Alluenbesgns jo asneoaq 'joajaul sucl}iod jo '}uaw wed aol uolleollddy Aue anoidde of aulloap Aewa aabeuew joafoid awl Vs r��kI.I:��I�TiE��l1►��Lrr�� 0 9 L OVD t£'aaA— ZZ0Z1 :luawaaa6y saoinuag uoijonj;suoo ££ -luawdinba pue sleualew alnlilsgns aol uiaaay pap!noid asoull se awes ay; 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alnl!lsgns to nnainaa aol slsanba�j -poweu leull of lenbe ao luaieninba si pasodoad luawdinba ao leualew Gull leyl au!wJalap of aauMo aull molle of aoloealuoo Aq pall!wq.ns si uoileuaaolu! lualoillns li jaumo Aq paldaooe aq Aew siailddns aaylo to luawdinba ao sleualew `pal pied si uoilnl!lsgns ou leull 6uileo!pul spiom Aq paMol!ol si aweu ayl ssaluN 'paa!nbaa Aj!Ienb pue uoilounl `adAj aull ysilgelsa of pepualul s, uaal! ayl l0 6ulweu aql 'aagddns aelnorped a to aweu Gull ao uaal! /Gelaudoid a to aweu aull 6uisn Aq sluawnoo4 loealuoo ayl u1 paquosap ao pailioads aje luawdinba ao Sie!Jaleua aanauayM Z'L -loaaayl uo!lellelsu1 ayl pue slelialew yons to /Ganilap Gull ul Aelap /(ue luanajd of awil lua!oiPs ui sluawnooa loealuoo aull Aq paainbaa se wjol yons ui pue asuadxa umo Sl! le sielialew yons Ile 3!wgns lleys aoloealuoo -saldwes pue selnpayos 'slinsaa lsal 'elep sbuimeip dogs. se yons pall!wgns aq of sleualew to lenoidde aol sluawajinbaj Ile aol sluawnooa loealuoo ayl auiwexa Allnlaaeo ileuls aoloealuoo l.*L 'SNouniusenS dN`d S-1d111W8ns -L -uoiloadsui leui to awil Gull le aa6eueW loafoad Jo Ieuolssaload u6!saa ayl Aq pGJanoos!p lou )IJoM aniloalap jol sabeWep to /GGAooGJ aull of ao japunajay aoloealuoo to suoile6ilgo AUe aoaolua of ly6u s,aaunno to aanleM a aq of paweep aq lleuls jaumo Aq luawAed jou �aoM Gull to eoueldeooe aull aayl!aN 'luawAed aol uoileoilddy leUil Sll ui palAasun se aoloealuoo Aq papuap! pue sluawnoo4 loealuoo aull to sluawaiinbai aull ull!M aouepj000e ul 6ull!Jm ul apew AIsnoinajd asoull _grog L ova [£ Jan ZZOZ] :luawaaj5v saoinjas uoijonjisuoo ti£ sa6ueuo Ile Moos of paje}ouue pue japio pooh ui 'leuolssajoid ubisaa aul Aq panssl suoijeoiluelo pue suoijejaidialui u9pim Ile se IIaM se 'saapao plaid pue sa6ueu0 9n1j0aa14 � JOAA 'saapao abueuo 'sjuawpuawe 'epuappe 'suoijeoilpads 'sbuiMeip Ile 'o} paliwll jou inq 'bulpnloui 'sjuawnooa joealuoo auj jo Adoo paooaa quo aIis Joafoad auj le aoeld ales a ui uleluiew lleus joj0eajuoo Z*8 -sjuawnooa joealuoo auj o; juensind aauMo of aoloealuoo Aq uan16 aq of paalnbai aoljou Aue jo aoeld auj a�ej aou ajn}Ijsuoo jou lleus bol Ailep ag1 -aouewao}aad jo awij auj ao >{ao,M auj jo Aj!Ienb ao Isoo aul aau3la joedwl lu6iw 1euj swelgoad Auy p [,' [.'8 109foad auJ 01 saoIlSln Ile 10 Jsll d 6T9 'axis Ioafoad au} le panlaoaa sleuajeW 8' Ve `aIis joafoid auj }e saouaaan000 leloads ao lensnun Auy f l,'8 `91ls 109foad au} le pawao}aad 6uiaq >{aoM jo uoildlaosaQ g' Ve `(awlj uMop Aue buileolpui Alleoilloads) pasn seM juawdlnba awil;o uoljeu6lsap pue asn juawdinba jo uoildlaosap @I!s joafoad auj le juasaid juawdinba Ild 8, 6 8 °apeaj pue joealuoogns Aq `aIls joafoad auj le 6ui>laoM pue juasaid lauuosaad s,jojoeajuoo-qnS pue s,aojoeajuoo jo aagwnu aul b' [,'8 °lauuosaad s,aojoeajuoo-qnS pue s,aojoeajuoo Aq uoijeaado jo sanou aul 8, [,'8 .� JOAA auJ }08}4e Alasaanpe uaiLIM suo1jipuo0 IIoS Z' Ve .�JOAA auJ 1091le Alasaanpe yoigm suo1j!puo0 iau}eaM aaujo Aue pue 'aIis Joafoad auj uo panlaoaa uoijejldloaad jo junowe auj 'sanou �aoM buunp sain}eaadwal Mol pue u6lu aul 6u1Mogs suo11ipuo0 aaule@AA l,'1.'8 :bulMollol au} 'off pallwil jou Inq '6uipnloui ajls joafoad auj le aojoea}uoo Jo sa1jin1j0e Ile juawnoop lleus 601 AI!ep aul -196eueW }0a[aad auj Aq panoadde jewaoj e ui � @em bulpaoaad auj aol >IJOm s,ioloealuoo au;;0 601 AIPP a s[seq Ali aaM e uo aabeueW loafoad of IIwgns pue alaldwoo lleus aoloealuoo 'aaunno Aq 6uiIuM ui panieM ssalun Ve 'SE)Nl133W dNV Sl-llf18-Sd 431V3S (IN`d a3NJIS `SIN0613N A-11VO '8 -ajnjljsgns pasodoad uoea bullenlena JOI sluellnsuoo s,leuoissaIoad u6lsaa au} pue leuolssejoad u61saa auj jo sabieuo auj aoj aauMo asangwlaa lleus aoj0ea1uo0 'alnipcIns pasodoad e s1d000e aauMo auj lou ao iaulauM -Agaaaul pauoise000 s}uawnoo(i }oea}uoo aul ul sa6uego bu1){ew pue aoloealuoo Aq pasodoad suoljn}ijsgns bullenlena ui sluellnsuoo s,jebeueW 10afoad au, pue aa6eueW joefoad auj Aq paiinbai awi} paooaa IIIM aabeueW }oafoad aul -a}njljsgns Aue of joadsai ujiM Alains aaulo ao aa}ueaenb eouewao}jad leloads e asuedxa s,ao}oeajuoo le usiujnj of ao}oejjuoo aainbai Aew aauMo aul '6u[M8ao douS panoadde ue ao aapio plaid e 'a6u8go anlJoa IC] �aoM e 'aapao a6ueuo e !q peouapina aq Ileus uoiuM aoueldaooe u9pim aoud s,aa6eueW joafoad aul InouliM pazllp ao pallelsui 'paaapio aq IIIM a}n}Ijsgns ON -leuolssajoad u6isaa au; u}IM jInsuoo o} 'aq paau Jl 'pue a}njijsgns pasodoad uoea ajenlena 01 uoluM uiuliM awl} elgeuoseaa e paMolle aq lleus aabeueW 109foJd aul 5'Z 17-39 t 1 6 C 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: PublicRecordReg uest(a)-colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construction Services Agreement: [2022_ver.3] LAo 1 C 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.3] e, 1 6 C 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed 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] CAO 1 6 C the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor 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.3] CA® 1 6 C 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 / 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: 12022_ver.3] V,:,.o 1 6 C If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement: [2022_ver.3] C aO 1 6 CA 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement: [2022_ver.3] CAO 1 6 C 4 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.3] Cho 1 6 C 4 not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, 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.3] •, V 1 6 C 4 expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 Construction Services Agreement: [2022_ver.3] CA® Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials 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) RM 1 6 C 4 of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 46 Construction Services Agreement: 12022_ver.31 CAO 16C4' 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, miles 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 there, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement: IL2022_ver.31 CPO 1 6 C 4 Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 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: [2022_ver.31 CA4 1 6 C 4 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 ail such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall 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.3] . 'i 1 6 C 4 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction Services Agreement: [2022_ver.3] CAO 1 6 C 4 The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 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] CAO 1 6 C price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements 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.3] 1 6 C 4 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-FMOPS(a)colliercountyfl.gov) 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.3] C O M 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement: [2022_ver.3] CAO 1 6 C 4 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Attached hereto, following this page ® Not Applicable 55 Construction Services Agreement: [2022_ver.3] CAO 1 6 C 4 ® A`C" o CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/10/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IMA, Inc -Pittsburgh 316 First Avenue 3rd Floor NAMEACT Ellen Stroh PHAX ONE Ex 724-548-5178 A/C No): E-MAIL ADDRESS: EIIen.Stroh ima-ess.com INSURER(S) AFFORDING COVERAGE NAIC# Kittanning PA 16201 INSURER A: The Continental Insurance Company 35289 INSURED TECHMGM-01 Technical Management Associates, Inc. 10251 Metro Parkway, Suite 118 INSURER B : Valley Forge Insurance Company 20508 INSURER C : National Fire Insurance Company of Hartford 20478 Fort Myers FL 33966 INSURER D : INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1590609912 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 MM/DD/YYYY LICY EXP PO MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 7018117394 1/1/2023 1/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 POLICY � PRO-JECT LOC B OTHER: AUTOMOBILE LIABILITY Y Y 7018117377 1/1/2023 1/1/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X X PROPERTY DAMAGE Per accident $ AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR Y Y 7018117413 1/1/2023 1/1/2024 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ in nnn X I PER OERH_ $ C WORKERS COMPENSATION Y WC718117380 1/1/2023 1/1/2024 STATUTE E.L. EACH ACCIDENT $ 1,000,000 AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBEREXCLUDED? NIA (Mandatory in NH) E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below 7018117394 1H/2023 1/1/2024 ,000 Ea. Claim $5 0 Agg. A A Pollution Liability Contactors Equipment 7018117394 1/1/2023 1/1/2024 Limit Limit Limit ,0,000 $500,000 $100,000 Leased & Rented Equipment DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) included as Additional Insured with Completed Operations on the General Liability Policy and Certificate Holder and all other parties required by the contract are Additional Insured on the Automobile Liability and Umbrella Liability Policies, if required by written contract or agreement, subject to the policy terms and conditions. This Insurance is Primary & Non -Contributory on the General Liability and Automobile Liability Policies, if required by written contract or agreement, subject to the policy terms and conditions. Certificate Holder and all other parties required by the contract on the General Liability, Automobile Liability, A Waiver of Subrogation is provided in favor of the Umbrella Liability and Workers Compensation Policies, if required by written contract or agreement, subject to the policy terms and conditions. Umbrella Liability policy is in excess of the General Liability, Automobile Liability and Employers Liability Policies, subject to the policy terms and conditions. See Attached... I IFIL;A It H Collier County Board of County Commissioners 3295 Tamiami Trail E 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 � Lq,- , ....... .. , .m Mn ATlr%Kl A11 ..'. L.M rocn ri ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1 6 C 4 ACOR" AGENCY IMA, Inc- Pittsburgh POLICY NUMBER CARRIER AGENCY CUSTOMER ID: TECHMGM-01 LOC #: ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED Technical Management Associates, Inc. 10251 Metro Parkway, Suite 118 Fort Myers FL 33966 EFFECTIVE DATE: ADDITIONAL REMAKKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 RE:Contract 23-8092 Carica Pump Station Electrical Improvements. Certificate Holder includes Collier County Board of County Commissioners, Board of County Commissioners in Collier County, Collier County Government, OR Collier County. n ATi/l LI A11 A L.le recor�infl ACORD 101 (2008/01) ....._.- . - _._.......� The ACORD name and logo are registered marks of ACORD