The URL can be used to link to this page

Agenda 08/22/2023 Item #16F 3 (Award Bid to HVAC Maintenance and Remedial Repairs)08/22/2023 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 23-8061R, “HVAC Maintenance and Remedial Repairs,” to B & I Contractors, Inc., and authorize the Chairman to sign the attached agreement. OBJECTIVE: To obtain a contractor to perform maintenance and remedial repairs for County heating ventilation and air conditioning (“HVAC”) equipment. CONSIDERATIONS: The Collier County Facilities Management Division is responsible for maintaining the mechanical systems in various County owned and leased facilities. To maintain the integrity and continuous operation of these systems, staff is recommending awarding an agreement to perform maintenance, including both routine and urgent repair services. On February 15, 2023, the Procurement Services Division issued ITB No. 23-8061R for HVAC Maintenance and Remedial Repairs. The County received two bids by the March 9, 2023 deadline, as summarized below: Respondents: Company Name City County State Bid Amount* Responsive/ Responsible B & I Contractors, Inc. Fort Myers Lee FL $357,500 Yes/Yes Advanced Roofing, Inc. d/b/a Advanced Air Systems Fort Lauderdale Broward FL $435,000 Yes/Yes (*For bid evaluation purposes.) County staff reviewed the two bids received and determined both bids responsive and responsible. B & I Contractors, Inc. and Advanced Roofing, Inc. d/b/a Advanced Air Systems were both contacted to resolve minor irregularities with their bids. Staff analyzed the bids received and determined it to be in the best interest of the County to move forward with a single awardee to perform the HVAC services. Staff recommends that the Board award the attached agreement to the lowest responsive and responsible bidder, B & I Contractors, Inc. B & I Contractors, Inc. has been in business in Lee County since 1965, is the County’s incumbent contractor under Agreement No. 18-7235, and has been doing business with the County since 2018. B & I is the incumbent on the current Agreement No. 18-7235, which was extended to allow for the completion of this solicitation. The proposed Agreement will become effective upon Board approval and Agreement No. 18 -7235 will expire as provided in the attached termination for convenience letter once the new contract is approved by the Board. FISCAL IMPACT: The historical spend for these services is estimated at $345,000 annually. Budget for this contract is provided in the General Fund Facilities Management Cost Center (001-122240). Other County Manager Divisions utilizing this contract will provide funding from their respective budgets. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board award ITB No. 23-8061R, “HVAC Maintenance and Remedial Repairs,” to B & I Contractors, Inc., authorize the Chairman to sign the attached agreement with an effective date of the date of award, and approve the termination for convenience of existing Agreement No. 18 -7235 as set forth above. 16.F.3 Packet Pg. 757 08/22/2023 PREPARED BY: James Williams, Assistant Division Director ATTACHMENT(S) 1. 23-8061R - Solicitation (PDF) 2. 23-8061R - Bid Tabulation (PDF) 3. 23-8061R - NORA Executed (PDF) 4. 23-8061R VendorSigned_B&I (PDF) 5. 23-8061R - B&I Contractors - Proposal (PDF) 6. 18-7235 B&I Termination Notice (PDF) 7. 23-8061R COI_B&I (PDF) 16.F.3 Packet Pg. 758 08/22/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.3 Doc ID: 26006 Item Summary: Recommendation to award Invitation to Bid (“ITB”) No. 23-8061R, “HVAC Maintenance and Remedial Repairs,” to B & I Contractors, Inc., and authorize the Chairman to sign the attached agreement. Meeting Date: 08/22/2023 Prepared by: Title: – Facilities Management Name: Todd Fiedorowicz 07/05/2023 12:42 PM Submitted by: Title: – Facilities Management Name: John McCormick 07/05/2023 12:42 PM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property Completed 07/05/2023 4:33 PM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 07/06/2023 9:48 AM Facilities Management John McCormick Director - Facilities Completed 07/20/2023 7:14 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 08/09/2023 4:12 PM Procurement Services Sandra Herrera Procurement Director Review Completed 08/15/2023 12:57 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/15/2023 2:09 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/15/2023 2:26 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2023 2:41 PM County Manager's Office Ed Finn Additional Reviewer Completed 08/15/2023 4:33 PM Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 08/16/2023 8:34 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/16/2023 3:49 PM Board of County Commissioners Geoffrey Willig Meeting Pending 08/22/2023 9:00 AM 16.F.3 Packet Pg. 759 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR HVAC MAINTENANCE AND REMEDIAL REPAIRS SOLICITATION NO.: 23-8061R CYNTHIA MCCANNA, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8992 Cynthia.McCanna@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.F.3.a Packet Pg. 760 Attachment: 23-8061R - Solicitation (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") INTRODUCTION BACKGROUND TERM OF CONTRACT SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 23-8061R PROJECT TITLE: HVAC MAINTENANCE AND REMEDIAL REPAIRS PRE- BID MEETING: N/A DUE DATE: March 9, 2023 @ 3:00 PM EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ As requested by the Facilities Management Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bid submittals from interested and qualified Vendors in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, the County departments have spent for these services on average for the last three fiscal years, approximately $600,000 per fiscal year. In Fiscal Year 2021, the County spent approximately $345,000 for maintenance and repair services; however, future annual expenditures will be based on the County’s needs and available budget. Maintenance services requested for the County’s HVAC equipment will be supplemental to in-house staff and requested on an as-needed basis. Collier County Facilities Management Division is responsible for maintaining the mechanical systems in various County owned and leased buildings and facilities throughout Collier County. To maintain the integrity and continuous operation of these systems, the County intends to award contract(s) to perform maintenance, routine, and urgent repair services. The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal option. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery, provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with the VENDOR. 16.F.3.a Packet Pg. 761 Attachment: 23-8061R - Solicitation (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") DETAILED SCOPE OF WORK ITB award criteria are as follows:  The County’s Procurement Services Division reserves the right to clarify a Contractor(s) submittal prior to the award of the solicitation.  It is the intent of Collier County to award to the lowest, responsive, and responsible Contractor (s) that represents the best value to the County.  For the purposes of determining the winning bidder, the County will select the Contractor (s) with the lowest price as outlined below: • Lowest total bid amount.  Collier County reserves the right to select one, or more than one supplier, award on a line-item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Award Primary, Secondary, and Tertiary Contractors.  The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation.  If the Primary Contractor cannot provide the requested services within the timeframe and requirements specified by the County’s representative, then the Secondary Contractor will be contacted. If the Secondary Contractor cannot provide the requested services within the timeframe and requirements specified by the County Representative, then the Tertiary Contractor will be contacted. THE COUNTY INTENDS TO ALSO SOLICIT SEPARATELY FOR HVAC REPLACEMENT AND NEW INSTALLATIONS. THE AWARDED CONTRACTOR(S) CANNOT HOLD BOTH THE CONTRACT FOR 23-8061 HVAC MAINTENANCE AND REMEDIAL REPAIRS AND THE CONTRACT FOR HVAC REPLACEMENT AND NEW INSTALLATIONS. The intent of this solicitation is to obtain maintenance and repairs for mechanical systems for County owned and operated facilities to minimize operational down time and for facilities to be maintained in top operating condition. The qualified Contractor(s) will provide maintenance services and remedial repairs including, but not limited to, maintenance and repairs of HVAC, Boiler and Water Heater systems, as well as be capable of furnishing industrial/commercial/residential HVAC and related electrical equipment. 1. MINIMUM REQUIREMENTS, CERTIFICATIONS, AND LICENSES: 1.1. Contractor(s) shall provide either a valid Mechanical Contractor’s license per Florida Statutes 489.105 (I) and/or a State Class “A” Air Conditioning Contractor’s license. All licenses must be valid and current throughout the life of the agreement (copies to be provided upon bid submission or prior to the Notice of Recommended Award). 1.2. The Contractor's technicians shall have at least an EPA Section 608 Type II CFC Certification. All Certifications must be valid and current throughout the life of the agreement. Documentation shall be submitted upon request only. This is not required at the time of bid submittal. 1.3. The Contractor(s) must have the ability to operate business in the State of Florida as evidenced by a current State of Florida registration. 1.4. Give evidence of five (5) years of primary experience working with similar sized commercial and/or government agencies and/or private businesses providing services listed in the scope – heating, ventilation, and air conditioning. Include description of services, contact name, title, address, phone, and email address. (See Form 5 in the solicitation) 1.5. Contractor is to provide a list of employees that will be assigned to Collier County including their names, number of years of experience, certifications, and licenses, if any. At a minimum, the list shall include three (3) HVAC journeymen, three (3) apprentices and one (1) designated contract/account representative. The list must be provided at the time of bid submittal or prior to the NORA. The Contractor’s personnel assigned to the County under the contract shall comply with the list submitted. AWARD CRITERIA 16.F.3.a Packet Pg. 762 Attachment: 23-8061R - Solicitation (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 2. MAINTENANCE AND REPAIR SERVICES: 2.1. Upon request, maintenance and/or repair services shall be provided and billed per labor rates on the bid schedule. No single repair project shall exceed $50,000. 2.2. For all equipment categories below, the following maintenance tasks are to be included. Contractor must provide service to the following, but not limited to: • Drain lines • Filters and A/C Ventilation • Mechanical rooms, paperwork, asset tags. • Chilled water pumps. • Electrical Disconnectors. • Sprinklers arm to the condensing units. • Heat & cooled. • Thermostat, capacitor, etc. • Ceiling tiles. (ex: Water Leak) • If a belt needs to be replaced, leave a spare set of belts at the unit. • Maintain County service logs in all equipment. • Update records in all existing equipment. • Wipe down and clean (including dusting) any and all components, housings, or related items to remove all dust, debris, etc. • Report all issues or potential issues to County in writing. • Maintain good housekeeping. Ensure area is free of trash and work debris. • Take before and after pictures of all items completed and provide to County staff. 2.3. Systems covered may include but are not limited to: • HVAC and Related Control Systems: mechanical components, compressors, condensers, DX air handling units, air handling units, exhaust fans, fan coils, water pumps, belt drives, direct-drives, rooftop units, radiant systems, electric assistance systems, recovery units, blower wheels and housing, blower housing assembly and related components, condensers, evaporators, variable air volume (VAV) boxes, piping, air duct and sheet metal insulation work, damper-louvers-diffusers (supply and return vents), and other adjacent/integrated equipment. NOTE: The contractor shall perform refrigerant recovery on any system that contains refrigerant. • Ice machines, refrigeration equipment and related systems. • Boiler and related systems. • Water Heater and related systems. • Other mechanical equipment and/or related work associated with mechanical equipment may be required under this contract, including, but not limited to any mechanical system controls maintenance, repair, and cleaning. • All bidders must be comfortable with various energy management and building automation controls and software packages utilized by Collier County Facilities Management Division, which include, but are not limited to: Metasys and Reliable Controls. NOTE: All major energy management equipment replacement will require full BACnet compatible and enabled controls devices and components. 3. RECORDS AND DOCUMENTATION: 3.1. Following the maintenance, a written report/check list must be provided detailing the results, services completed, and making specific recommendations for future remedial action upgrades, etc. 3.2. These records will include but not be limited to a summary spreadsheet for each unit serviced with the date of service and an attestation signed by the Contractor(s). In the event the equipment does not have a service log, the Contractor(s) will add the service log to the equipment at no additional charge. 3.3. The Contractor(s) shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor(s) shall request that, when replacing equipment, the asset sticker be removed by a County staff member authorized to adjust equipment inventory records. 3.4. The County retains the right to add or to delete any facilities and equipment from service provided under the resultant contract as described herein, upon written notification by the County, without further Board approval and in accordance with the Procurement Ordinance, as amended. 3.5. The awarded Contractor(s) will provide an on-call schedule twenty-four (24) hours a day, seven (7) days a week; this on-call list is both for routine and after-hours services. 16.F.3.a Packet Pg. 763 Attachment: 23-8061R - Solicitation (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 3.6. The Contractor(s) shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@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. 3.7. Contractor(s) will be required to use the County’s Work Management procedures, such as utilizing internal work request forms or future online work request system, at no additional cost to the County. The Contractor(s) will be responsible for utilizing any systems used by the County for work requests under this Agreement. The Contractor(s) will be required to update, complete and close work requests and attach before and after pictures, as necessary. 4. WORK HOURS: 4.1. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM. 4.2. After hours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday or County observed holidays. The Contractor(s) may charge up to the normal labor rate at time and ½. 4.3. Typically, maintenance and/or repair services will be conducted during normal business hours, which are Monday through Friday, 7:00 AM until 5:00 PM, unless otherwise authorized by the County. To arrange for an appointment to perform service at a County facility, the Contractor(s) shall contact the County designee a minimum of 24 hours in advance of the work. Chemicals/products that must be applied during normal business hours, or when building is occupied, shall be approved by County Representative or designee. 5. RESPONSE TIME: 5.1. Urgent response: For maintenance and repairs needed for the health, safety, and well-being of the County staff and/or public, the urgent response shall be provided in no more than two (2) hours from the time of the initial contact and on-site within four (4) hours. A one-time two hundred dollar ($200.00) urgent service call fee is allowed when responding to an urgent request, in addition to the regular hourly rates. 5.2. Non- urgent response: For non-urgent maintenance and repairs needed, the response shall be at a minimum a telephone call within twenty-four (24) hours. For non- urgent repairs, the Contractor(s) must be on-site, and repairs must begin within one (1) day of the purchase order being issued and/or work authorization for all areas, unless the County approves a different amount of time for response. 6. CONTRACTOR’S RESPONSIBILITIES: 6.1. The awarded Contractor(s) shall use qualified technicians to complete all work in accordance with the requirements specified in this solicitation. Technician credentials may be requested by the County. The technicians shall be experienced in all facets of servicing a variety of different types of HVAC equipment and related Control Systems. 6.2. Contractor(s) shall furnish all necessary qualified labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the maintenance services, repairs, and miscellaneous services for the County’s mechanical systems. If repairs cannot be completed within 24 hours from the County’s initial request, then temporary AC/ventilation options must be provided and approved by the County. The approved temporary AC/ventilation system will be provided by the Contractor and billed according to the Bid Schedule hourly rates and applicable mark-ups. 6.3. When required, the Contractor(s) must use a qualified engineer or company representative (with all related licenses and certifications being current and in full force and effect) with the experience and ability to obtain all permits required for all repairs, when necessary and applicable. 6.4. The Contractor(s) shall use technicians who are trained and experienced with commercial HVAC, refrigerant handling requirements, building automation control systems, hydronic specialties, refrigerant and water piping, underground piping, mechanical insulation, water heaters and other related mechanical equipment. Although maintenance of these items is not included in this scope, the Contractor(s) must use technicians who are competent and knowledgeable with water-cooled chillers, air-cooled chillers, static ice tanks (Calmac, FAFCO, etc.), plate and frame heat exchangers, and cooling towers. 6.5. Contractor(s) are responsible for all parts for in-house service, repairs, or equipment, as needed by the Division(s). 6.6. All repair parts and materials must be as specified in the work request. If the work request is not specific and/or the Collier County Vertical Standards do not specify, then the parts must be approved by the County. 6.7. The Contractor(s) shall comply with the Department’s security guidelines on facility security policies, this may include additional 16.F.3.a Packet Pg. 764 Attachment: 23-8061R - Solicitation (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") policies and procedures for work to be performed at the Collier County Sherriff’s Office. Violations of these rules could, at a minimum, result in termination of the awarded Contract. 6.8. All the Contractor’s employees and subcontractors must always wear Collier County Government Identification badges 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(s) during the time in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the Contractor’s business. 6.9. Collier County Sheriff’s Office 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(s) is responsible for all costs. The Contractor(s) shall immediately notify the appropriate County Representative upon discovery of any new or problematic issues. The Contractor(s) shall not proceed with repairs or leave the system inoperable if an issue is discovered without written authorization by the appropriate County Representative. 6.10 The Contractor(s) are 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, the 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. The Contractor(s) shall be required to maintain records on each employee and make them available to the County. 7. BILLING AND INVOICING: 7.1. No fees shall be charged to the County for any call-backs or work that could not be performed due to circumstances beyond the control of the Contractor(s) or the County. 7.2. Contractor(s) may only charge hourly rates for hours worked at the job site. Hourly rates shall be per the awarded Bid Schedule and shall be all inclusive of labor, overhead, travel related expenses, required reporting, and equipment use (excluding rental equipment). 7.3. The Contractor(s) shall provide copies of receipts for materials costing $500.00 or more, subcontractor invoice, and/or equipment rental receipt with the invoice. Materials and rental equipment will be allowed a maximum of 10% markup, and the use of subcontractors will be allowed a maximum of 15% markup. No markup shall be permitted on ancillary charges, taxes, and freight/shipping. 7.4. The limit of $50,000 per individual repair project does not apply for the maintenance billing. Attestation must be signed by the Contractor(s) that the work is completed in conformance with the maintenance requirements of the solicitation. 7.5. The Contractor shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. The Contractor(s) may include such permit fees as a line item on their invoice. The County will not be obligated to pay for any permits obtained by subcontractors. 8. WARRANTY ITEMS: 8.1. All new equipment/ parts warranty work shall be provided by the original warranty supplier. All warranty responsibility for parts or equipment previously purchased, but still under warranty will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the Contractor(s), unless otherwise directed by the County. 8.2. All trouble calls shall be initially reported to the Contractor(s). If the trouble call involves a warranty item, the Contractor(s) shall notify the County, who will then have the responsibility of placing and tracking the warranty trouble call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County shall be provided by the Contractor(s) at no additional cost to the County. 8.3. Parts and fixtures shall be new and warranted for a minimum of one (1) year or the maximum allowed by the manufacturer. Labor will not be billed or allowable in the event defective parts were used. 8.4. An extended warranty may be purchased through the Contractor(s) from the manufacturer without any markup being charged to the County. 8.5. Contractor(s) shall obtain and assign to the County all express warranties given to Contractor(s) or any subcontractors by any subcontractor or material men supplying materials, equipment, or fixtures to be incorporated into the Project. Contractor(s) 16.F.3.a Packet Pg. 765 Attachment: 23-8061R - Solicitation (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") VENDOR CHECKLIST warrants to the County that any materials and equipment furnished under the Contract 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. Contractor(s) further warrants to the County that all materials and equipment furnished under the Contract 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. If, within one (1) year after completion of work, the County determines that any work is found to be defective or not in conformance with the Contract, Contractor(s) shall correct it promptly after receipt of written notice from the County. Contractor(s) 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, the County may commence to correct any defective work, without prior notice to Contractor, at Contractor’s expense. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients during the last 5 years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using Form 5 provided in BidSync as part of the Required Forms. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. 16.F.3.a Packet Pg. 766 Attachment: 23-8061R - Solicitation (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Bid Due Date: March 9, 2023 Notices Viewed: 6,329 Procurement Strategist: Cynthia McCanna Packages Viewed: 30 Project Manager: James Williams Submittals: 2 Labor Hours Line Item Description Hours*Labor Rates Per Hour Total Price Labor Rates Per Hour Total Price 1 Supervisor (per hour)500 125.00$ 62,500.00$ 185.00$ 92,500.00$ 2 Licensed Journeyman (per hour)1000 120.00$ 120,000.00$ 145.00$ 145,000.00$ 3 Apprentice (per hour)1000 100.00$ 100,000.00$ 115.00$ 115,000.00$ 4 Controls Technician (per hour)500 150.00$ 75,000.00$ 165.00$ 82,500.00$ TOTAL BID 357,500.00$ TOTAL BID 435,000.00$ Mark-Up for Actual Cost of Materials/Rental Equipment Not To Exceed 10% Mark-Up for Subcontractor Not To Exceed 15% YES/NO YES/NO Yes Yes Yes Yes Yes Yes Yes N/A Yes N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A N/A Fort Myers Fort Lauderdale Yes Yes Yes* Yes* Opened By:Cynthia McCanna Witnessed By:Lisa Oien Note: After Normal Business Hours, the Contractor may charge up to time and 1/2 of the normal labor rate per hour. List of employees (name, years of experience, certifications, and licenses, if any) Addendums if Applicable Required Documents Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Affidavit Form 3: Immigration Affidavit Certification W-9 Division of Corporations http://dos.myflorida.com/sunbiz/ Form 5: References Mechanical Contractor’s License or State Class “A” Air Conditioning Contractor’s license E-Verify https://www.e-verify.gov/ Bid Schedule *Minor Irregularity VENDOR CHECKLIST *Qty is for bid evaluation purposes only ITB No. 23-8061R HVAC Maintenance and Remedial Repairs Bid Tabulation Location B & I Contractors, Inc. Advanced Roofing, Inc. dba Advanced Air Systems Local Business Tax Receipt Note: A one time $200.00 Urgent Service Call fee is allowed when responding in addition to the hourly rates. Insurance Requirements Form 4: Local Vendor Preference 16.F.3.b Packet Pg. 767 Attachment: 23-8061R - Bid Tabulation (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.c Packet Pg. 768 Attachment: 23-8061R - NORA Executed (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 769Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 770Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 771Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 772Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 773Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 774Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 775Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 776Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 777Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 778Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 779Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 780Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 781Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 782Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 783Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 784Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 785Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 786Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 787Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 788Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 789Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 790Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 791Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.dPacket Pg. 792Attachment: 23-8061R VendorSigned_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 793 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 794 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 795 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 796 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Local Business Tax Receipt I hope you have a successful year. Lee County Tax Collector Payment Information: $ May engage in the business of: - LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Expires: THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Dear Business Owner: Your -Lee County Local Business Tax Receipt is attached below for account number / receipt:    Business name Ownership Physical location Business closed This is not a bill. Detach the bottom portion and display in a public location. Sincerely,  If there is a change in one of the following, refer to the instructions on the back of this receipt. number:/ Account Number: Receipt Number: State License Number: Location: ZENONIANI JEFFREY L 2701 PRINCE ST FT MYERS, FL 33916 B & I CONTRACTORS INC B & I CONTRACTORS INC ZENONIANI JEFFREY L 2701 PRINCE ST FT MYERS, FL 33916 50.00 INT-00-00308060 ELECTRICAL CONTRACTOR-CERTIFIED 1301638 1301638 2023 2023 1028920 1028920 EC13005022 2022 2022 07/19/2022 September 30, 2023 PAID 2701 PRINCE ST FT MYERS, FL 33916 16.F.3.e Packet Pg. 797 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Change of Business Name and/or Ownership: Change of Location: Tangible Taxes: Owner/Qualifier Name Signature of Owner/Qualifier Tangible Personal Property Account Number for the business: The business named on the reverse side of this notice ceased operations and disposed of the assets by: Retention for personal use Scrapped, junked, or likewise disposed of, etc. Date Sold: Phone Number Date Closed Street or PO Box Number (your current mailing address) City/State/Zip Submit a new Local Business Tax Application Submit other required documents, if applicable (e.g. Fictitious Name Registration, State or County License, etc.) Submit a Bill of Sale (if changing ownership) The Lee County Property Appraiser's office should be notified of any change in the business name and/or ownership A 10% transfer fee applies to ownership changes      Submit a new Local Business Tax Application Obtain zoning approval, or provide a copy of a city local business tax receipt, if relocating from:   Commercial to Commercial Commercial to Residential Residential to Commercial A 10% transfer fee applies to location changes The Lee County Property Appraiser's office should be notified of any change in business location Tangible Personal Property Tax Returns must be filed with the Property Appraiser's office by April 1st of each Closing Your Business: If you are closing or no longer in business, the owner/qualifier must do the following:   Sign, date and submit the Out of Business Affidavit below File a Tangible Disposition Letter form with the Property Appraiser, www.leepa.org or call 239.533.6140 to avoid receiving future tangible tax notices If you plan to liquidate your merchandise, contact our office at 239.533.6000 for instructions on obtaining a Going Out of Business Permit. year. Contact the Property Appraiser's office 239.533.6140. Account No: Receipt No: CHANGES TO YOUR LOCAL BUSINESS TAX ACCOUNT Information/Questions: call 239.533.6000 or visit our official website at www.leetc.com. Out of Business Affidavit Purchase Price: Complete the buyer information below: Name:Phone Number: Address: All of the tangible assets were were not sold to the purchaser. Return this Out of Business Affidavit to: Lee County Tax Collector, PO Box 1549, Fort Myers, FL 33902-1549 1301638 1028920 16.F.3.e Packet Pg. 798 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Local Business Tax Receipt I hope you have a successful year. Lee County Tax Collector Payment Information: $ May engage in the business of: - LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Expires: THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Dear Business Owner: Your -Lee County Local Business Tax Receipt is attached below for account number / receipt:    Business name Ownership Physical location Business closed This is not a bill. Detach the bottom portion and display in a public location. Sincerely,  If there is a change in one of the following, refer to the instructions on the back of this receipt. number:/ Account Number: Receipt Number: State License Number: Location: GRIFFIN GARY H 2701 PRINCE ST FT MYERS, FL 33916 B & I CONTRACTORS INC B & I CONTRACTORS INC GRIFFIN GARY H 2701 PRINCE ST FT MYERS, FL 33916 50.00 INT-00-00308060 MECHANICAL CONTRACTOR-CERTIFIED 9600362 9600362 2023 2023 1071430 1071430 CMC056245 2022 2022 07/19/2022 September 30, 2023 PAID 2701 PRINCE ST FT MYERS, FL 33916 16.F.3.e Packet Pg. 799 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Change of Business Name and/or Ownership: Change of Location: Tangible Taxes: Owner/Qualifier Name Signature of Owner/Qualifier Tangible Personal Property Account Number for the business: The business named on the reverse side of this notice ceased operations and disposed of the assets by: Retention for personal use Scrapped, junked, or likewise disposed of, etc. Date Sold: Phone Number Date Closed Street or PO Box Number (your current mailing address) City/State/Zip Submit a new Local Business Tax Application Submit other required documents, if applicable (e.g. Fictitious Name Registration, State or County License, etc.) Submit a Bill of Sale (if changing ownership) The Lee County Property Appraiser's office should be notified of any change in the business name and/or ownership A 10% transfer fee applies to ownership changes      Submit a new Local Business Tax Application Obtain zoning approval, or provide a copy of a city local business tax receipt, if relocating from:   Commercial to Commercial Commercial to Residential Residential to Commercial A 10% transfer fee applies to location changes The Lee County Property Appraiser's office should be notified of any change in business location Tangible Personal Property Tax Returns must be filed with the Property Appraiser's office by April 1st of each Closing Your Business: If you are closing or no longer in business, the owner/qualifier must do the following:   Sign, date and submit the Out of Business Affidavit below File a Tangible Disposition Letter form with the Property Appraiser, www.leepa.org or call 239.533.6140 to avoid receiving future tangible tax notices If you plan to liquidate your merchandise, contact our office at 239.533.6000 for instructions on obtaining a Going Out of Business Permit. year. Contact the Property Appraiser's office 239.533.6140. Account No: Receipt No: CHANGES TO YOUR LOCAL BUSINESS TAX ACCOUNT Information/Questions: call 239.533.6000 or visit our official website at www.leetc.com. Out of Business Affidavit Purchase Price: Complete the buyer information below: Name:Phone Number: Address: All of the tangible assets were were not sold to the purchaser. Return this Out of Business Affidavit to: Lee County Tax Collector, PO Box 1549, Fort Myers, FL 33902-1549 9600362 1071430 16.F.3.e Packet Pg. 800 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Local Business Tax Receipt I hope you have a successful year. Lee County Tax Collector Payment Information: $ May engage in the business of: - LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Expires: THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Dear Business Owner: Your -Lee County Local Business Tax Receipt is attached below for account number / receipt:    Business name Ownership Physical location Business closed This is not a bill. Detach the bottom portion and display in a public location. Sincerely,  If there is a change in one of the following, refer to the instructions on the back of this receipt. number:/ Account Number: Receipt Number: State License Number: Location: ZENONIANI JEFFREY L 2710 PRINCE ST FT MYERS, FL 33916 B & I CONTRACTORS INC B & I CONTRACTORS INC ZENONIANI JEFFREY L 2710 PRINCE ST FT MYERS, FL 33916 0.00 PLUMBING CONTRACTOR-CERTIFIED 0900087 0900087 2023 2023 1079710 1079710 CFC057484 2022 2022 September 30, 2023 2710 PRINCE ST FT MYERS, FL 33916 16.F.3.e Packet Pg. 801 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Change of Business Name and/or Ownership: Change of Location: Tangible Taxes: Owner/Qualifier Name Signature of Owner/Qualifier Tangible Personal Property Account Number for the business: The business named on the reverse side of this notice ceased operations and disposed of the assets by: Retention for personal use Scrapped, junked, or likewise disposed of, etc. Date Sold: Phone Number Date Closed Street or PO Box Number (your current mailing address) City/State/Zip Submit a new Local Business Tax Application Submit other required documents, if applicable (e.g. Fictitious Name Registration, State or County License, etc.) Submit a Bill of Sale (if changing ownership) The Lee County Property Appraiser's office should be notified of any change in the business name and/or ownership A 10% transfer fee applies to ownership changes      Submit a new Local Business Tax Application Obtain zoning approval, or provide a copy of a city local business tax receipt, if relocating from:   Commercial to Commercial Commercial to Residential Residential to Commercial A 10% transfer fee applies to location changes The Lee County Property Appraiser's office should be notified of any change in business location Tangible Personal Property Tax Returns must be filed with the Property Appraiser's office by April 1st of each Closing Your Business: If you are closing or no longer in business, the owner/qualifier must do the following:   Sign, date and submit the Out of Business Affidavit below File a Tangible Disposition Letter form with the Property Appraiser, www.leepa.org or call 239.533.6140 to avoid receiving future tangible tax notices If you plan to liquidate your merchandise, contact our office at 239.533.6000 for instructions on obtaining a Going Out of Business Permit. year. Contact the Property Appraiser's office 239.533.6140. Account No: Receipt No: CHANGES TO YOUR LOCAL BUSINESS TAX ACCOUNT Information/Questions: call 239.533.6000 or visit our official website at www.leetc.com. Out of Business Affidavit Purchase Price: Complete the buyer information below: Name:Phone Number: Address: All of the tangible assets were were not sold to the purchaser. Return this Out of Business Affidavit to: Lee County Tax Collector, PO Box 1549, Fort Myers, FL 33902-1549 0900087 1079710 16.F.3.e Packet Pg. 802 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Local Business Tax Receipt I hope you have a successful year. Lee County Tax Collector Payment Information: $ May engage in the business of: - LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Expires: THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Dear Business Owner: Your -Lee County Local Business Tax Receipt is attached below for account number / receipt:    Business name Ownership Physical location Business closed This is not a bill. Detach the bottom portion and display in a public location. Sincerely,  If there is a change in one of the following, refer to the instructions on the back of this receipt. number:/ Account Number: Receipt Number: State License Number: Location: ZENONIANI JEFFREY LEE 2701 PRINCE ST FT MYERS, FL 33916 B & I CONTRACTORS INC B & I CONTRACTORS INC ZENONIANI JEFFREY LEE 2701 PRINCE ST FT MYERS, FL 33916 50.00 INT-00-00308060 MECHANICAL CONTRACTOR-CERTIFIED 0900086 0900086 2023 2023 1000089 1000089 CMC057019 2022 2022 07/19/2022 September 30, 2023 PAID 2701 PRINCE ST FT MYERS, FL 33916 16.F.3.e Packet Pg. 803 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Change of Business Name and/or Ownership: Change of Location: Tangible Taxes: Owner/Qualifier Name Signature of Owner/Qualifier Tangible Personal Property Account Number for the business: The business named on the reverse side of this notice ceased operations and disposed of the assets by: Retention for personal use Scrapped, junked, or likewise disposed of, etc. Date Sold: Phone Number Date Closed Street or PO Box Number (your current mailing address) City/State/Zip Submit a new Local Business Tax Application Submit other required documents, if applicable (e.g. Fictitious Name Registration, State or County License, etc.) Submit a Bill of Sale (if changing ownership) The Lee County Property Appraiser's office should be notified of any change in the business name and/or ownership A 10% transfer fee applies to ownership changes      Submit a new Local Business Tax Application Obtain zoning approval, or provide a copy of a city local business tax receipt, if relocating from:   Commercial to Commercial Commercial to Residential Residential to Commercial A 10% transfer fee applies to location changes The Lee County Property Appraiser's office should be notified of any change in business location Tangible Personal Property Tax Returns must be filed with the Property Appraiser's office by April 1st of each Closing Your Business: If you are closing or no longer in business, the owner/qualifier must do the following:   Sign, date and submit the Out of Business Affidavit below File a Tangible Disposition Letter form with the Property Appraiser, www.leepa.org or call 239.533.6140 to avoid receiving future tangible tax notices If you plan to liquidate your merchandise, contact our office at 239.533.6000 for instructions on obtaining a Going Out of Business Permit. year. Contact the Property Appraiser's office 239.533.6140. Account No: Receipt No: CHANGES TO YOUR LOCAL BUSINESS TAX ACCOUNT Information/Questions: call 239.533.6000 or visit our official website at www.leetc.com. Out of Business Affidavit Purchase Price: Complete the buyer information below: Name:Phone Number: Address: All of the tangible assets were were not sold to the purchaser. Return this Out of Business Affidavit to: Lee County Tax Collector, PO Box 1549, Fort Myers, FL 33902-1549 0900086 1000089 16.F.3.e Packet Pg. 804 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 805 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 6ROLFLWDWLRQ&ROOLHU&RXQW\ 30 S 16.F.3.e Packet Pg. 806 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 6ROLFLWDWLRQ&ROOLHU&RXQW\ 30 S B&I Contractors Mihai Marian Darin Jenkins NeoGenomics Laboratories, Inc. Darin.jenkins@neogenomics.com 239-768-0600 HVAC Maintenance Services 2022 & 2023 10 10 10 10 10 9 10 10 10 10 99 16.F.3.e Packet Pg. 807 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 6ROLFLWDWLRQ&ROOLHU&RXQW\ 30 S Tony Wingler Florida Cancer Specialists David.Wingler@flcancer.com 217-54-8755 10 10 10 10 10 10 10 10 10 10 100 16.F.3.e Packet Pg. 808 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/20/2022 BKS Partners 5216 Summerlin Commons Blvd. Suite 200 Fort Myers FL 33907 Susanne Fischer 239-734-3309 239-931-5604 susanne.fischer@bks-partners.com Zurich American Insurance Comp 16535 B&ICO-1 American Guarantee and Liabili 26247B&I Contractors,Inc. 2701 Prince Street Fort Myers FL 33916 Steadfast Insurance Company 26387 Bridgefield Employers Insuranc 10701 2007215221 A X 2,000,000 X 100,000 5,000 X XCU INCLUDED 2,000,000 4,000,000 X X GLO 7162512-00 7/1/2022 7/1/2023 4,000,000 Empl Benefits Liab 1,000,000 B 1,000,000 X X X X PIP BAP 7162513-00 7/1/2022 7/1/2023 PIP 10,000 B X X 10,000,000AUC7162514-00 7/1/2022 7/1/2023 10,000,000 D X N 0830-57214 12/31/2022 12/31/2023 1,000,000 1,000,000 1,000,000 C C A Pollution Liability incl Mold Professional Liability Equipment Floater EOC305882400 EOC305882400 CPP146955900 7/1/2022 7/1/2022 7/1/2022 7/1/2023 7/1/2023 7/1/2023 Pollution Occ/Agg Professional Occ/Agg Leased/Rented Equip 3000000/3000000 3000000/3000000 600,000 Ded 2,500 Proof of Insurance 16.F.3.e Packet Pg. 809 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/23/2023 BKS Partners 5216 Summerlin Commons Blvd. Suite 200 Fort Myers FL 33907 Susanne Fischer 239-734-3309 239-931-5604 susanne.fischer@bks-partners.com Zurich American Insurance Comp 16535 B&ICO-1 American Guarantee and Liabili 26247B&I Contractors,Inc. 2701 Prince Street Fort Myers FL 33916 Steadfast Insurance Company 26387 Bridgefield Employers Insuranc 10701 523869420 A X 2,000,000 X 100,000 5,000 X XCU INCLUDED 2,000,000 4,000,000 X X Y GLO 7162512-00 7/1/2022 7/1/2023 4,000,000 Empl Benefits Liab 1,000,000 B 1,000,000 X X X X PIP Y BAP 7162513-00 7/1/2022 7/1/2023 PIP 10,000 B X X 10,000,000AUC7162514-00 7/1/2022 7/1/2023 10,000,000 D X N 0830-57214 12/31/2022 12/31/2023 1,000,000 1,000,000 1,000,000 C C A Pollution Liability incl Mold Professional Liability Equipment Floater EOC305882400 EOC305882400 CPP146955900 7/1/2022 7/1/2022 7/1/2022 7/1/2023 7/1/2023 7/1/2023 Pollution Occ/Agg Professional Occ/Agg Leased/Rented Equip 3000000/3000000 3000000/3000000 600,000 Ded 2,500 PROJECT:#23-8061 HVAC Maintenance and Remedial Repairs Collier County Board of County Commissioners is included as additional insured on a primary and noncontributory basis with respect to General Liability;and additional insured on the Auto Liability,as required by written contract. Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 16.F.3.e Packet Pg. 810 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.ePacket Pg. 811Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 1/25/23, 3:48 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=BICONTR…1/3 Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation B & I CONTRACTORS, INC. Filing Information 297875 59-1107790 10/20/1965 FL ACTIVE AMENDMENT 12/16/1993 NONE Principal Address 2701 PRINCE STREET FORT MYERS, FL 33916 Changed: 04/27/2000 Mailing Address 2701 PRINCE STREET FORT MYERS, FL 33916 Changed: 04/27/2000 Registered Agent Name & Address GRIFFIN, GARY H. 2701 PRINCE STREET FORT MYERS, FL 33916 Name Changed: 05/01/1995 Address Changed: 05/01/1995 Officer/Director Detail D C Florida Department of State 16.F.3.e Packet Pg. 812 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 1/25/23, 3:48 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=BICONTR…2/3 Name & Address Title PD GRIFFIN, GARY H. 970 AQUA LANE FORT MYERS, FL 33916 Title V GRABOWSKI, JASON 2701 PRINCE ST FORT MYERS, FL 33916 Title S KELLY, BRIAN F 2701 PRINCE STREET FORT MYERS, FL 33916 Annual Reports Report Year Filed Date 2021 01/11/2021 2022 01/20/2022 2023 01/05/2023 Document Images 01/05/2023 -- ANNUAL REPORT View image in PDF format 01/20/2022 -- ANNUAL REPORT View image in PDF format 01/11/2021 -- ANNUAL REPORT View image in PDF format 01/14/2020 -- ANNUAL REPORT View image in PDF format 01/28/2019 -- ANNUAL REPORT View image in PDF format 01/09/2018 -- ANNUAL REPORT View image in PDF format 01/11/2017 -- ANNUAL REPORT View image in PDF format 01/19/2016 -- ANNUAL REPORT View image in PDF format 02/23/2015 -- ANNUAL REPORT View image in PDF format 01/07/2014 -- ANNUAL REPORT View image in PDF format 01/22/2013 -- ANNUAL REPORT View image in PDF format 01/03/2012 -- ANNUAL REPORT View image in PDF format 02/02/2011 -- ANNUAL REPORT View image in PDF format 01/04/2010 -- ANNUAL REPORT View image in PDF format 01/09/2009 -- ANNUAL REPORT View image in PDF format 01/08/2008 -- ANNUAL REPORT View image in PDF format 01/22/2007 -- ANNUAL REPORT View image in PDF format 01/06/2006 -- ANNUAL REPORT View image in PDF format 01/07/2005 -- ANNUAL REPORT View image in PDF format 01/20/2004 -- ANNUAL REPORT View image in PDF format 02/17/2003 -- ANNUAL REPORT View image in PDF format 16.F.3.e Packet Pg. 813 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 1/25/23, 3:48 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=BICONTR…3/3 05/07/2002 -- ANNUAL REPORT View image in PDF format 04/23/2001 -- ANNUAL REPORT View image in PDF format 04/27/2000 -- ANNUAL REPORT View image in PDF format 04/29/1999 -- ANNUAL REPORT View image in PDF format 03/05/1998 -- ANNUAL REPORT View image in PDF format 03/06/1997 -- ANNUAL REPORT View image in PDF format 04/12/1996 -- ANNUAL REPORT View image in PDF format 05/01/1995 -- ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations 16.F.3.e Packet Pg. 814 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 1 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR E-VERIFY EMPLOYER AGENTS ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the E-Verify Employer Agent, the Employer, DHS, and the Social Security Administration (SSA). The Employer is not a party to this MOU; however, this MOU contains a section titled Responsibilities of the Employer. This section is provided to inform E-Verify Employer Agents acting on behalf of the Employer of the responsibilities and obligations their clients are required to meet. The Employer is bound by these responsibilities through signing a separate MOU during their enrollment as a client of the E-Verify Employer Agent. The E-Verify program requires an initial agreement between DHS and the E-Verify Employer Agent as part of the enrollment process. After agreeing to the MOU as set forth herein, completing the tutorial, and obtaining access to E-Verify as an E-Verify Employer Agent, the E-Verify Employer Agent will be given an opportunity to add a client once logged into E-Verify. All parties, including the Employer, will then be required to sign and submit a separate MOU to E-Verify. The responsibilities of the parties remain the same in each MOU. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF E-VERIFY EMPLOYER AGENT 1.The E-Verify Employer Agent agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the E-Verify Employer Agent representatives who will be accessing The parties to this agreement are the Department of Homeland Security (DHS) and B & I CONTRACTORS (E-Verify Employer Agent). The purpose of this agreement is to set forth terms and conditions which the E-Verify Employer Agent will follow while participating in E-Verify. 832449 16.F.3.e Packet Pg. 815 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 2 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: information under E-Verify and shall update them as needed to keep them current. 2. The E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual and provide a copy of the most current version of the E-Verify User Manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 3. The E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 4. The E-Verify Employer Agent agrees that any E-Verify Employer Agent Representative who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. a. The E-Verify Employer Agent agrees that all E-Verify Employer Agent representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the E-Verify Employer Agent is a Federal contractor. b. Failure to complete a refresher tutorial will prevent the E-Verify Employer Agent and Employer from continued use of E-Verify. 5. The E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The E-Verify Employer Agent must promptly terminate an employee’s E-Verify access if the employee is separated from the company or no longer needs access to E-Verify. 6. The E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 7. The E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 8. The E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 9. The E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.1 below. 10. The E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web-Based Tutorial and all other published E-Verify rules and procedures. The E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the E-Verify Employer Agent’s attempting, in good faith, to 832449 16.F.3.e Packet Pg. 816 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 3 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: make inquiries on behalf of the Employer during the period of unavailability. 11.When the E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the E-Verify Employer Agent must update the company’s E-Verify profile within 30 days of the contract award date. 12. If data is transmitted between the E-Verify Employer Agent and its client, then the E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the E-Verify Employer Agent. 13. The E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 14. The E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9, employment records, and all records pertaining to the E-Verify Employer Agent’s use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. 15. The E-Verify Employer Agent 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 E-Verify Employer Agent 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 Employer Agent services and any claim to that effect is false. 16. The E-Verify Employer Agent 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. 17. The E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the E-Verify Employer Agent’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 18. The E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF THE EMPLOYER The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E-Verify Employer Agent carry out the following responsibilities. It is the E-Verify 832449 16.F.3.e Packet Pg. 817 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 4 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: Employer Agent’s responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 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 shall become familiar with and comply with the most recent version of the E-Verify User Manual. The Employer will obtain the E-Verify User Manual from the E-Verify Employer Agent. 4. The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 1-888-464-4218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 5. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 6. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 4 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, 832449 16.F.3.e Packet Pg. 818 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 5 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: 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 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 7. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 8. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 9. The Employer must use E-Verify (through its E-Verify Employer Agent) for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 10. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 11. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo 832449 16.F.3.e Packet Pg. 819 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 6 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 12. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 13. The Employer agrees that it will use the information it receives from E-Verify (through its E-Verify Employer Agent) 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. 14. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 15. The Employer acknowledges that the information it receives through the E-Verify Employer Agent 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. 832449 16.F.3.e Packet Pg. 820 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 7 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: 16. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify (whether directly or through their E-Verify Employer Agent), which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 17. 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. 18. 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. 19. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 20. 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. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E-Verify Employer Agent carry out the following responsibilities if the Employer is a federal contractor or becomes a Federal contractor. The E-Verify Employer Agent should instruct the client to keep the E-Verify Employer Agent informed about any changes or updates related to federal contracts. It is the E-Verify Employer Agent’s responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 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 reverify 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 832449 16.F.3.e Packet Pg. 821 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 8 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: 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. b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.B.6, ii. The employee’s work authorization has not expired, and iii. The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-9 complies with Article II.A.6, 832449 16.F.3.e Packet Pg. 822 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 9 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of the Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) 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 the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 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 E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. 832449 16.F.3.e Packet Pg. 823 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 10 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU a. Automated verification checks on alien employees by electronic means, and b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent 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 E-Verify Employer Agents 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 E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) 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 E-Verify Employer Agent’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 (through the E-Verify Employer Agent), 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. 832449 16.F.3.e Packet Pg. 824 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 11 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E-Verify Employer Agent carry out the following responsibilities. It is the E-Verify Employer Agent’s responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation 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. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer (through the E-Verify Employer Agent) 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 832449 16.F.3.e Packet Pg. 825 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 12 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer (though the E-Verify Employer Agent) 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 or the E-Verify Employer Agent for verification services performed under this MOU. The E-Verify Employer Agent is responsible for providing equipment needed to make inquiries. To access E-Verify, an E-Verify Employer Agent will need a personal computer with Internet access. 832449 16.F.3.e Packet Pg. 826 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 13 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The E-Verify Employer Agent may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days’ written notice. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the E-Verify Employer Agent’s participation in E-Verify, with or without notice, at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the E-Verify Employer Agent or the Employer, or a failure on the part of either party 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 E-Verify Employer Agent for an Employer that is a Federal contractor may terminate this MOU for that Employer when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the E-Verify Employer Agent must provide written notice to DHS. If the E-Verify Employer Agent 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 E-Verify Employer Agent agrees that E-Verify is not liable for any losses, financial or otherwise, if the E-Verify Employer Agent or the Employer is terminated from E-Verify. 832449 16.F.3.e Packet Pg. 827 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 14 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: 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 E-Verify Employer Agent, its agents, officers, or employees. C. The E-Verify Employer Agent may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The E-Verify Employer Agent understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, 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 E-Verify Employer Agent and DHS respectively. The E-Verify Employer Agent understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer or the E-Verify Employer Agent, as the case may be, 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 E-Verify Employer Agent. If you have any questions, contact E-Verify at 1-888-464-4218. 832449 16.F.3.e Packet Pg. 828 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 15 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: Approved by: E-Verify Employer Agent Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date 832449 B & I CONTRACTORS ZAHILY CRESPO Electronically Signed 11/25/2014 USCIS Verification Division Electronically Signed 11/25/2014 16.F.3.e Packet Pg. 829 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 16 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 832449 B & I CONTRACTORS 2701 PRINCE ST FT MYERS, FL 33916 2701 PRINCE ST FT MYERS, FL 33916 LEE 591107790 236 100 to 499 1 16.F.3.e Packet Pg. 830 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 17 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 832449 FLORIDA 1 site(s) 16.F.3.e Packet Pg. 831 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 18 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 832449 Name Thathiana C Bermudez Phone Number (239) 332 - 4646 Fax Number (239) 332 - 5928 Email Address TBermudez@BandIFlorida.com 16.F.3.e Packet Pg. 832 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Page 19 of 19 E-Verify MOU for E-Verify Employer Agents | Revision Date 06/01/13 Company ID Number: 832449 Page intentionally left blank 16.F.3.e Packet Pg. 833 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE MECHANICAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESGRIFFIN, GARY HOWARDDo not alter this document in any form.B & I CONTRACTORS INCLICENSE NUMBER: CMC056245EXPIRATION DATE: AUGUST 31, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.2701 PRINCE STREETFORT MYERS FL 33916Always verify licenses online at MyFloridaLicense.com16.F.3.ePacket Pg. 834Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and 16.F.3.e Packet Pg. 835 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 836 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 837 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 838 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 839 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 840 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 841 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 842 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 843 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 844 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 845 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 846 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 847 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 848 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 849 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 850 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 851 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 852 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 853 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") Desoto Memorial Elementary School Fan Coils Replacement with IAQ Improvements Proposed Project Agreement Date: 2/16/2022 Proposal Number: P03798 Prepared for: Desoto Memorial Elementary School 851 E Hickory St, Arcadia, FL Arcadia, FL 34266 Prepared by: Mihai Marian 239 344 3210 mmarian@bandiflorida.com 16.F.3.e Packet Pg. 854 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.e Packet Pg. 855 Attachment: 23-8061R - B&I Contractors - Proposal (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") 16.F.3.fPacket Pg. 856Attachment: 18-7235 B&I Termination Notice (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs") SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/21/2023 BKS Partners 5216 Summerlin Commons Blvd. Suite 200 Fort Myers FL 33907 Susanne Fischer 239-734-3309 239-931-5604 susanne.fischer@bks-partners.com Zurich American Insurance Comp 16535 B&ICO-1 American Guarantee and Liabili 26247B&I Contractors,Inc. 2701 Prince Street Fort Myers FL 33916 Steadfast Insurance Company 26387 Bridgefield Employers Insuranc 10701 2031228689 A X 2,000,000 X 100,000 5,000 X XCU INCLUDED 2,000,000 4,000,000 X X Y GLO 7162512-01 7/1/2023 7/1/2024 4,000,000 Empl Benefits Liab 1,000,000 B 1,000,000 X X X X PIP Y BAP 7162513-01 7/1/2023 7/1/2024 PIP 10,000 B X X 10,000,000AUC7162514-01 7/1/2023 7/1/2024 D X N 0830-57214 12/31/2022 12/31/2023 1,000,000 1,000,000 1,000,000 C C A Pollution Liability incl Mold Professional Liability Equipment Floater EOC305882400 EOC305882400 CPP146955900 7/1/2023 7/1/2023 7/1/2023 7/1/2024 7/1/2024 7/1/2024 Pollution Occ/Agg Professional Occ/Agg Leased/Rented Equip 3,000,000/3000000 3000000/3000000 700,000 Collier County Board of County Commissioners,or Board of County Commissioners in Collier County,or Collier County Government are named as additional insured &state "for any and all work performed in Collier County"as respects to general liability as required by written contract,subject to all policy terms, conditions,limitations and exclusions. Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 16.F.3.g Packet Pg. 857 Attachment: 23-8061R COI_B&I (26006 : Award ITB 23-8061R, "HVAC Maintenance and Remedial Repairs")