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Agenda 10/23/2018 Item #16D1910/23/2018 EXECUTIVE SUMMARY Recommendation to authorize Change Order No. 2 for Hellas Construction to add an additional fifty-three days and utilize $70,000 of the allowance for conversion/construction of 4 artificial turf soccer fields at North Collier Regional Park Contract No. 18-7339 North Collier Regional Park Artificial Turf Conversion. OBJECTIVE: To procure professional construction services to relocate electrical lines, replace field #8 due to faulty product, remove two trees, regrade the corners of field #3 and #7 and add fifty-three days to the contract. CONSIDERATIONS: On March 29, 2018 the Procurement Services Division issued ITB Solicitation No. 18-7339 - North Collier Regional Park Artificial Turf Conversion to convert four of the eight existing grass soccer fields at North Collier Regional Park to four artificial turf fields. The conversion will provide for greater availability and use of fields for play, minimize maintenance time and resting time required by existing natural grass fields, improve field drainage, and provide for more durable fields for play. The project is based on the Artificial Turf Standardization products (AstroTurf) established by RFI No. 17 - 7163 Standardization - Artificial Turf. On May 22, 20018, the BCC approved the award of ITB No. 18- 7339 to Hellas Construction Inc. The award amount of $4,107,100 to Hellas Construction Inc required the additional $421,800 which was provided by the General Fund reserves for the contingencies (001 - 919010-991000). This amount to Hellas was reduced by Change Order #1 in the amount of $220,366.00 for replacing the specified Nike Grind Fill with traditional rubber fill. This was approved in the September 25, 2018 report from Procurement to the BCC. The County has requested that no utilities be buried underneath the artificial turf fields in the event of future electrical problems. Routing the conduits around the fields allows the County to do maintenance while keeping the fields open for play. This request to approve Change Order No. 2 will allow the County to use $70,000 of the total $80,000 allowance to address the additional cost caused by rerouting the electrical utilities. The contractor also requested 12 rain days based upon weather conditions and 41 days are needed to replace field #8 due to faulty product (at the contractor’s expense), remove two trees and regrade the corners of field #3 and #7, all of which are addressed in this Change Order No. 2. FISCAL IMPACT: The project budget is provided in TDC Project Fund (758), Project No. 80359, North Collier Regional Park Artificial Turf Conversion. The contract amount includes an allowance of $80,000 that will be utilized to fund Change Order No. 2. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached proposed Change Order for Hellas Construction to add an additional fifty-three days and utilize $70,000 of the allowance for conversion/construction of 4 artificial turf soccer fields at North Collier Regional Park Contract No. 18-7339 North Collier Regional Park Artificial Turf Conversion. Prepared by: David Berra, Project Manager, Parks and Recreation Division 16.D.19 Packet Pg. 1354 10/23/2018 ATTACHMENT(S) 1. 18-7339 Change Order No 2 (PDF) 2. 18-7339_Hellas_C#1_CO (PDF) 3. (linked) 18-7339 HellasConst_Contract (PDF) 16.D.19 Packet Pg. 1355 10/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.19 Doc ID: 7024 Item Summary: Recommendation to authorize Change Order No. 2 for Hellas Construction to add fifty-three days and utilize $70,000 of the allowance for conversion/construction of four artificial turf soccer fields at North Collier Regional Park Contract No. 18-7339 North Collier Regional Park Artificial Turf Conversion. Meeting Date: 10/23/2018 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 10/12/2018 3:48 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 10/12/2018 3:48 PM Approved By: Review: Facilities Management Margaret Bishop Additional Reviewer Completed 10/12/2018 3:51 PM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/12/2018 3:56 PM Parks & Recreation Margaret Bishop Additional Reviewer Skipped 10/12/2018 3:57 PM Parks & Recreation Jeanine McPherson Additional Reviewer Completed 10/12/2018 3:59 PM Procurement Services Ted Coyman Level 1 Purchasing Gatekeeper Completed 10/12/2018 4:11 PM Parks & Recreation David Berra Additional Reviewer Completed 10/12/2018 5:00 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 10/13/2018 7:25 AM Public Services Department Kimberley Grant Level 1 Reviewer Completed 10/15/2018 9:17 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/16/2018 1:16 PM Procurement Services Sara Schneeberger Additional Reviewer Completed 10/16/2018 3:00 PM Procurement Services Ted Coyman Additional Reviewer Completed 10/16/2018 3:36 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/16/2018 4:41 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/16/2018 4:44 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/16/2018 4:58 PM County Attorney's Office Emily Pepin CAO Preview Completed 10/17/2018 8:05 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/17/2018 9:19 AM 16.D.19 Packet Pg. 1356 10/23/2018 County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/17/2018 1:30 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM 16.D.19 Packet Pg. 1357 16.D.19.a Packet Pg. 1358 Attachment: 18-7339 Change Order No 2 (7024 : Change Order No. 2 - North Collier Regional Park Artificial Turf Conversion) 16.D.19.a Packet Pg. 1359 Attachment: 18-7339 Change Order No 2 (7024 : Change Order No. 2 - North Collier Regional Park Artificial Turf Conversion) 16.D.19.a Packet Pg. 1360 Attachment: 18-7339 Change Order No 2 (7024 : Change Order No. 2 - North Collier Regional Park Artificial Turf Conversion) 16.D.19.a Packet Pg. 1361 Attachment: 18-7339 Change Order No 2 (7024 : Change Order No. 2 - North Collier Regional Park Artificial Turf Conversion) 16.D.19.a Packet Pg. 1362 Attachment: 18-7339 Change Order No 2 (7024 : Change Order No. 2 - North Collier Regional Park Artificial Turf Conversion) 16.D.19.a Packet Pg. 1363 Attachment: 18-7339 Change Order No 2 (7024 : Change Order No. 2 - North Collier Regional Park Artificial Turf Conversion) 16.D.19.a Packet Pg. 1364 Attachment: 18-7339 Change Order No 2 (7024 : Change Order No. 2 - North Collier Regional Park Artificial Turf Conversion) 16.D.19.b Packet Pg. 1365 Attachment: 18-7339_Hellas_C#1_CO (7024 : Change Order No. 2 - North Collier Regional Park Artificial Turf Conversion) saraschneeberger @colliergov.net Digitally signed by saraschneeberger@colliergov.net DN: cn=saraschneeberger@colliergov.net Date: 2018.08.31 13:02:37 -04'00' 16.D.19.b Packet Pg. 1366 Attachment: 18-7339_Hellas_C#1_CO (7024 : Change Order No. 2 - North Collier Regional Park Artificial Turf Conversion) 16.D.19.b Packet Pg. 1367 Attachment: 18-7339_Hellas_C#1_CO (7024 : Change Order No. 2 - North Collier Regional Park Artificial Turf Conversion) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Hellas Construction, Inc. ("Contractor") of 12710 Research Blvd Suite 240, Austin, Texas, 78759, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with North Collier Regional Park Artificial Turf Conversion, Invitation to Bid No. 18-7339 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Agnoli Barber & Brundage and FTE Sports, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents, Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Four Million, One Hundred Seven Thousand, Thirty -One Dollars ($4,107,031.00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies circular. This circular may be accessed via the web at www.fms.treas.,qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. 1 Construction Services Agreement: Revised 022018 B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damaqes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within ten (10) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two thousand eight hundred eleven dollars ($2,811.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 2 Construction Services Agreement: Revised 022018 D. Determination of Number of Days of Default. For all contracts, regardless of whetherthe Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. ' H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 18 -7339 -North Collier Regional Park Artificial Turf Conversion. Exhibit A-1: Contractor's Bid Schedule ExhibitA-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ❑ Applicable ® Not Applicable 3 Construction Services Agreement: Revised 022018 on The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 18 -7339 -North Collier Regional Park Artificial Turf Conversion. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsVnc.com/bidsync- cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding system. ❑Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by; Agnoli Barber & Brundage Inc and FTE Sports and identified as follows: Collier County North Regional Park Multi -Use Paying Fields -Construction Documents March 13, 2018 as shown on Plan Sheets 1 through 22 -as per C-1.00 Drawing Index. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Parks and Recreation Division 15000 Livingston Road Naples, Florida 34109 Attn: David Berra, Landscape Architect Phone: (239) 252-4020 Email: David.Berra@colliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Hellas Construction, Inc. 12710 Research Blvd, Suite 240 Austin, Texas 78759 Attn: Josh Adams, Vice President of Estimating Phone: (512) 250-2910 Email: JAdams@hellasconstruction.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 0 11 4 Construction Services Agreement: Revised 022018 Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assiqns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: Revised 022018 Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. rJ 6 Construction Services Agreement: Revised 022018 IN WITNESS WHEREOF. the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TNESS0S: HEL UGTI N, IN ;WOW By: WITNESS �IS caC ami Print Name and Title pate Print Name 4SC ONC] WITNESS -D. 1'f A:)(A Nt5 Print Name U OWNER: Date' BOARD OF C NT COMMIS ATTEST: OF COLLIE CO Y FLOR Q W ht E. Brock, 4:: • BY: u ,� . BY: Andy Solis Date S-22 Attest'a to Ctiiiili,"�im" s Chairman signat re 0111y, AndrFovbdWsaFor Apd Legal County Attorney Print Name 7 Construction Services Agreement: Revised 022018 (a EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: Revised 022018 Project No: 18-7339 Project Title: North Collier Regional Park Artificial Turf Conversion BID SCHEDULE Rev 03-27-2018 BIDDER: Hellas Construction, Inc. Base Bid Removal of existing grass playing fields and installation of new synthetic turf system for four (4) North Collier Regional Park Multipurpose - Fields 773, 774, 777, 778. MOBILIZATION $184,934 REMOVAL OF EXISTING IRRIGATION SYSTEM $8,381 SITE PREP EXCAVATION & GRADING $355,080 DRAINAGE SYSTEM $391,891 IRRIGATION/WATER SYSTEM $156,382 DRAINAGE LAYER & FINISH LAYER $612,472 SHOCK PAD $515,242 SYNTHETIC TURF - MATERIAL, DELIVERED $1,496,602 SYNTHETIC TURF - INSTALLATION $257,149 MAINTENANCE EQUIPMENT $14,415 OWNER'S ALLOWANCE $80,000 Base Bid: $4,072,548 Total ALTERNATE: Alternate 711 ADD FENCING AND GATES INDICATED ON DRAWINGS PF -6.01 and PF -6.02 Total Alternate #1 $34,483 Add Alternate #2A WORK HOURS 7:00 am to 12:00 am midnight, M -F, Sat 7:00 am to 7:00 pm Total Alternate 772A $0 Add Alternate 7128 WORK HOURS 7:00 am to 10:00 pm, M -F, Sat 7:00 am to 7:00 pm Total Alternate 7728 $0 Add BIDDER SHALL ALSO ATTACH A DETAILED SCHEDULE TO REFLECT COMPLETION THE WORK IN THE TIME FRAME PROVIDED O EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revised 022018 C✓t# 76,' C ouv ty Administrative Services Division Purchasinq ADDENDUM #1 Memorandum Date: April 12, 2018 From: Jim Flanagan, Procurement Strategist To: Interested Parties Page 1 of 2 Email: jimflanagan@colliergov.net Telephone: (239) 252-8946 Subject: Addendum #1 — 18-7339 NCRP Artificial Turf Conversion This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through. CHANGES/ADDITIONS/DELETIONS: ➢ Bid Du bids ➢ Project Schedule is hereby revised to 90 calendar days to Substantial Completion — All work on fields complete - fields/site ready for Tournament Play plus 10 calendar days to final completion — for submittal of closeout documentation, for a total of 100 calendar days overall. ➢ Alternate #2 — Established work hours are Monday through Friday 7:00 am to 7:00 pm. Alternate #2 is to extend available work hours to Monday through Friday from 7:00 am to 12:00 am/Midnight and 7:00 am to 7:00 pm Saturday. No work on Sunday. ➢ Existing As-builts are being made available for information only. Attached find 2003 site plan as-builts, site electrical as-builts, and field dimension plan as -built drawings for the North Collier Regional Park. a. Site As -built drawings — for info only — may not reflect current conditions. b. Electrical As -built drawings — for info only — may not reflect current conditions. c. Field Dimension As -built drawing — for info only — may not reflect current conditions. Bidders Please Note: These documents are being made available only as a convenience to the bidders, and accuracy of the,documents have not been verified and cannot be relied upon. Field verification is'the responsibility of the bidders, the successful general contractor and his subcontractors. ➢ Bidders shall review the Invitation to Bid Instruction Form, Construction Services Agreement, and Purchase Order Terms and Conditions in preparation of signing a contract as part of the Award and Approval process by the Board of County Commissioners subsequent to submission of bid. These on-line forms are the basis of the contract documents. Page 2 of 2 ➢ Bidders Questions and Answers o The Deadline for Bidder's Questions will close on Thursday April 19. All Bidder's Questions are to be submitted on-line through the BidSync online bidding system. Answers will be provided by April 24. Please refer to Solicitation 18-7339 NCRP Artificial Turf Conversion — Q&A Y 04-10-18 Pre -Bid Meeting/Site Visit Minutes/Sign-in Sheets are included with this Addendum Please acknowledge receipt of this Addendum with your bid proposal. ,� Si nature Jack Adams, Vice President of Estimating zk Hellas Construction, Inc. Bidder If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c..'o ger >"nty AdministfaWe Services DMsion Purchisinq ADDENDUM #2 flllomnr�nriiirrl Page 1 of 4 Email: jim.flanagan@colliercountyfl.gov Telephone: (239) 252-8946 Date: April 20, 2018 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #2 — 18-7339 NCRP Artificial Turf Conversion This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through, CHANGES/ADDITIONS/DELETIONS: REMINDER: Bid Due Date remains May 1, 2018, h and Bids are to be submitted on-li ➢ REMINDER: Project Schedule is hereby revised to 90 calendar days to Substantial Completion — All work on fields complete - fields/site ready for Tournament Play plus 10 calendar days to final completion — for submittal of closeout documentation, for a total of 100 calendar days overall, ➢ Alternates: o Alternate #2A — Established work hours are Monday through Friday 7:00 am to 7:00 pm. Alternate #213 is to extend available work hours to Monday through Friday from 7:00 am to 12:00 am/Midnight and 7:00 am to 7:00 pm Saturday. No work on Sunday. o Alternate #213 — Established work hours are Monday through Friday 7:00 am to 7:00 pm. Alternate #213 is to extend available work hours to Monday through Friday from 7:00 am to 10:00 pm and 7:00 am to 7:00 pm Saturday (Similar to weekday operating hours of the Park). No work on Sunday, ➢ Revised Bid Schedule R3 revised, attached to reflect additional Alternates as described above. Please include this with your bid response ➢ Bidders Questions and Answers o The Deadline for Bidder's Questions have closed. All answers have been provided. Please refer to Solicitation 18-7339 NCRP Artificial Turf Conversion — Q&A. Questions and Answers are hereby incorporated as part of the bid. ➢ Bidders shall review the Invitation to Bid Instruction Form, Construction Services Agreement, and Purchase Order Terms and Conditions in preparation of signing a contract as part of the Award and Approval process by the Board of County Commissioners subsequent to submission of bid. These on-line forms are the basis of the contract documents. Page 2 of 4 ➢ CAD files as requested, indicated below, are made available, attached, with the following disclaimer: - ACAD-11719XBASE.DWG - ACAD-11719PBASE.DWG - 7953 -EFF MAIN.DWG Bidders Please Note: Thisdocument is being made availabie'only as a convenience to the bidders, and accuracy of the documents have 1 1. ot been verified and cannot be relied upon. Fieldverification` is the, responsibility of the bidders, the successful general contractor and his subcontractors': ➢ Additional bid information/clarifications/questions and answers generated by the engineer is as follows: Based upon review of some of the current written specification documents, sports lighting and update new testing standards, the following items are requested to be incorporated into the addendum number 2. Question: 1. Section 1.4, 2 G - Where will Geogrid to be installed? Answer: 1. Greogrid product is not required as part of this project scope. Question: 2. Section 1.413- Please confirm attic stock requirements, a. 50,000 square feet of green turf b. 1,000 linear feet of 4" white, blue, black Answer: 2. The revised requirement for attic stock for green turf is 5 000 square feet of green turf and 500 linear feet of 4" white, blue and black. Question: 3. Section 3.3 A 2 a - Please clarify whether planarity tolerance is 1 / 10 of an inch as stated or should it be 1 / 10 of a foot. Answer. 3. The planarity tolerance is %" inch on any portion of the playing field sub -grade. All other playing field levels are required to have a tolerance of '/4" of an inch on a 25' x 25' grid. Please refer to page 11, section 1. 1,3. part B, 1. Question: 4. Section 2.2 Drainage System Materials, 7. The gravel drainage materials should minimally meet LA Abrasion and desirable to meet both of the following stability requirements: Sulfate Soundness (C-88) Not to exceed 1270 loss using magnesium sulfate and LA Abrasion (ASTM C 13 1) Not to exceed 40. Answer: 4. In accordance with the new release of the USGA 2018 testing recommendations: The approved testing method shall be used to replace the above specified requirement and is as follows: MicroDevai method (ASTM D6928) The USGA guidelines indicate "A loss of material greater than 18 percent using this method is unacceptable." This shall be the standard of care as it relates to the gravel drainage materials testing requirement. Question: 5. Is the contractor responsible for the actual field location and field adjustment of the existing underground sports lighting conduit and the necessary field adjustments to the conduit? Answer: 5. Yes, the contractor is fully financially responsible for all labor, costs, inspections and materials necessary to relocate any electrical power conduit that is in direct conflict with the installation of the entire synthetic turf playing field system. Page 3 of 4 In submitting your bid response, the following information is required to be included with your bid as per the Bidders Checklist (Form 13) Completed Bid Schedule Completed Bid Forms: (Solicitation pages 3-13) Bid Response Form (Form 1) Exhibit N - Contractors Key Personnel Assigned to the Project - (Form 2) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) Statement of Experience of Bidder (Form 5) Trench Safety Act Acknowledgement (Form 6) Bid Bond (Form 7) Insurance and Bonding Requirements (Form 8) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Vendor Substitute W-9 (Form 12) Bidders Checklist (Form 13) Copies of required information attached Company's E -Verify Profile Page or MOU Copy of Active Registration with Current FL Divisions of Corporations Copy of Active General Contractors License with Depart. of Business & Professional Regulation Copy of Local Business Tax Receipt Additional Required Bid Forms - from Bidders Checklist Item 11: Copy of Certification by the American Sports Builders Association Certification for Installation of Astroturf Products Evidence of experience with the FIFA Pro Certification Process Minimum 10 similar Synthetic Turf Multi -use Athletic Fields in the last 5 years Statement of no past legal action over last seven years as a result of poor workmanship, warranty issues, etc. Number of full-time employees on staff that specializes in synthetic turf playing field construction Playing Field Contractor's Jobsite Superintendent with similar playing field experience - telephone and contact info Preliminary Playing field construction schedule Acknowledgement - Receipt of Addendum Addendum #1 Addendum #2 Page 4 of 4 Thank you in advance for your interest in the project, and we look forward to receiving your bid. Please acknowledge receipt of this Addendum with your bid proposal. g ature Jack Adams, Vice President of Estimating Hellas Construction, Inc. Bidder if you require additional information please post a question on the Online Bidding site or contact me using the above contact information. D T:ORM 1f= BID,RESPO.NSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA North Collier Regional Park Artificial Turf Conversion BID NO, 18-7339 Full Name of Bidder Hellas Construction Inc. Main Business Address 12710 Research Blvd Suite 240 Austin Texas 78759 Place of Business All States Telephone No. (512) 250- 2910 Fax No, (512)250-1960 State Contractor's License # CGC 1520756 State of Florida Certificate of Authority Document Number F04000001749 Federal Tax Identification Number 27-0074538 DUNS # 14-601-8887 CCR# Cage Code 3UOJ3 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and fumish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT North Collier Regional Park Artificial Turf Conversion Bid No. 18-7339 Name Personnel Category Kirk Welsh Construction Superintendent Fausto Rozon Project Manager Matt Schnitzler VP Construction FORM 3 > MATE RIAL MANUFACTURERS' THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders sliall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: He1lasConstruction Inc. Date: Signature: 4/30/18 Section B (.Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Date Signature: FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE, DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requitement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Synthetic Turf Manufacturer AstroTurr 2680 Abutment Road, SE Dalton, GA 30721 Swank Sport DBA -Astro Buil<Icrs 901 l Sterling Point Lane Elouston,'CX 77044 2. Synthetic Turf Installer 3. Irrigation Systems/ Plumbin Stahiman En gland Irri ation, Inc. 2063 Trade Center Way Naples, FL 34109 F_, 4. Maintenance Equipment Hellas Construction Inc. 12710 Research Blvd Suite 240 Austin TX 78759 12710 Research Blvd Suite 240 Austin, TX 78759 Excavation 5. Site Work and Excavation 5, Hellas Construction, Tile. Swank Sport DBA- Astro Builders 901 t Sterling Point Lane Houston, TX 77044 6. Identify other that represent more than 10% of price or that affect the critical path of the schedule __ — --- — Company: Signature: Date: 4/30/18 FORMS -.8TATEMTJNI' OF EXPERIENCE OF.BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement, Project and Location BB&T Sports Park ,(4 soccer fields) 428 Twins Way, Advance, NC 27006 Rosetta Canyon Sports Park (5 SB fields &.1 FB) 39423 Ardenwood Way, Lake Elsinore, CA 92530 McKinney ISD - McKinney North (FB BB & SB 3, Turf), Ron Poe Stadium & Boyd HS #1 Duvall Street, Mcl�inney, TX 75069 Ysleta ISD: Ysleta HS, Riverside HS & Parkland HS in 2017 Del Valle HS, Bel Air HS & Hanks 4, HS in 2016 j6bo Sims Drive, I--! Paso, TX 79926 Conroe ISD - Grand Oaks HS (FB BB SB Turf & 5, . Track 4800_RiW4_FuzzeLRQQd,sp-ring, TX 77386 — 6 Rockwall ISD - Cain MS & Williams MS 1050 Williams Street, Rockwall, TX 75087 Cypress- Fairbanks ISD - Cypress Springs HS, 7 Cypress Ridge HS, & Cypress Falls HS 10300 Jones Road, Houston, TX 77065 Jasper ISD - Jasper Sports Complex (FB/Soccer, BB & SB Turf) 400 Bulldog Avenue, Jasper TX 75951 Pflugerville ISD - Weiss HS, The PFIELD Stadium, 9• Hendrickson HS, & Pflugerville HS 1401 West Pecan. Pf Liger • 4, TX- 78660 10, Cordova Folsum USD - Cordova HS & Folsom HS 1965 Birkmont Dr., Rancho Cordova, CA 95742 Company: Hellas Construction, Inc____ Signature: Reference include phone # or email address) Twin City Youth Soccer Association Scott Wollaston 336-209-7479 Grant Yates City Manager - 951-674-3124 W. Greg Suttle, Executive Director of Facilities & Construction gsuttle(cDmckinneyisd net Edgar Goytia - YISD Project Manager egoytial @yisd.net Danny Long - Conroe ISD Athletic Director dclong@conroeisd.net Jim Lawson Rockwall ISD Director of Maintenance 97605 Marl. Henry - Cypress -Fairbanks Superintendent Dr. Richard Skuza Jasper ISD former Superintendent Todd Raymond Pflugerville ISD Athletic Director Todd raymondng pfisd net Mike Hamond CFUSD Project Manager MHammondgfcusd org Date: 4/30/18 FORM 6 - TRF NCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the "Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990, The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (LF,(Quantity) Cost .(Description) 511 1. 2. 3. 4. 5. TOTAL Failure to complete the above may result in the Bid being declared non-responsive. Company: Signature: Date: April 30, 2018 Per the bid plans, proposed trenches on this project do not exceed 4 feet in depth. If any design change occurs during the project that increases the trench depth to greater than 5 feet Hellas Construction will provide trench box protection or other measures for all trench sections as required by the Florida Trench Safety Act (90-96, Laws of Florida), effective October 1, 1990. Hellas Construction has reviewed the geotechnical report for this project and will follow the following procedures. All proposed trenches will be completed in 40 feet sections to reduce the possibility of instability and "cave ins". A competent person will inspect trench excavations and the adjacent areas, hourly, for possible cave-ins, failures of protective systems and equipment, hazardous atmospheres, and other hazardous conditions. Furthermore, Hellas Construction agrees to abide by all applicable trench safety standards that apply to this project and has included the cost thereof in our base bid for this project. FORM 7 - BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Hellas Construction, Inc. (herein after called the Principal) and Liberty Mu I it - - . _oomnanV (herein called the Surety), a corporntion chartered and existing under the laws of the State of Massachusett: with its principal offices in the city of Boston, MA A_ and authorized to do business ill the State of Florida _ are held and firmly bound unto floe Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of Five Percent of Total Amount of Bid dollars ($ 5%TAB ) good and lawful stoney of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, n Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No, I8-7339 North Collier Regional Pni,lc Artificial Turf Conversion. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sunt of 55%TAB noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect, IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 30th day of April 2018 tt,. iss;tprrFrJ� BY Wnlinc ('.nnctriirtinn Inr Prindi (SCii " i�3 Suety (Sealy""®, '��didf14111ti,1,� Countersigned U' Nielson, os oder & Assoc4ales ( aura D. Moshoider 4390 St. 11 Jo ns Parkway, Suite 110, Sen ord, F 32771-6398 Phone I1407) 330-3090 Appointed Producing Agent for, 1 ibertv M rtu^Insurance romtLy Upon notification that its Bid has been awarded, the SuccessHll Bidder will execute the Agreement form attached to the Bidding Documents within ten ( 10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will stiffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. It the event of such failure, the total antottnt of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. 'I'Ite Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Ownet''s actual damages at the time of bidding if the Successfil Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely nnannet', Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Foi'ty-Five (45) consecutive calendar' days, computed by excluding the commencement date and including the last day of stch period, and to be fully completed to the point of final acceptance by the Owner within Fifteen (15) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Texas County of Travis ;lack Adams _, being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Jack Adams _ _ _ also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and lies checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Texas_ , which operates under the legal name of Hellas Construction, Inc. _._., and the full names of its officers are as follows: President Reed 7. Seaton Seere,tar-yVi_ ce"Preilt Robert G Allison Treasure Frank Pefiini Manager The Vice President of Estimating is authorized to sign construction bids and contracts for the company s action last sentence of its Board of Directors taken _ October 12, 2016 , a certified copy of which is hereto attached (strike out this if not applicable). (b) Co -Partnership The Bidder is a co -partnership consisting of individual partners whose full names are as follows: The co -partnership does business under the legal name of. (c) Individual The Bidder is an individual whose full name is and }f operating under a trade name, said trade name is __........ _• Complete for information contained in (a) Corporation, (b) Co -Partnership or (c) Individual from previous page. DATED April 30, 2018, _ itncss Witness Hellas Cons(ruction, Inc. Legal Entity BY: Jack Adams Name of BiddT ed) Signatur icc President of Est}mathig Title STATE OF TEXAS COUNTY OF TRAVIS The foregoing instrument was acknowledged before me this 3U day of Aril , 2018 by Jack Adams as VP of Estinratin; __. of Hellas Construction, Inc, a g corporation, on behalf of the corporation. He/she is personal] known to me or has produced — --------- N/A ident4fc t' 6}did (did not) take an oath. My Commission Expires: 3/7/2022 j gnat r of otary) NAME: Claribel Bonilla ' GLARIBEL BON+IL A (L,egibly Printed) (Al Y.() P�' ��ta��4 ic, State of Texas Notary Public, State of Texas Comm. Expires 03.07-2022 a„m,r. Notary ID 131479434 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stat d.Cert8020056 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually insurance Company Is a corporation duty organized under Ilia laws of the State of New Hampshire, that Liberty 1,4ulual Insurance Company Is a corporation duly organized tinder the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana therein collectively called the `Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jac uoline Kirk• Mark R. DeWitt Ginger Hoke' D. Gregory Stilts atl of the city of Dallas state of -TX each Individually if there be more than one named, its true arid lawful attorney -in -filet to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed,;any and all undertakings, bonds, recognizances and other surety obligations,.iri pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of lhe,Companies in their own proper persons, IN WITNESS WHEREOF, this Powor of Attornoy has been subscribed by all authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 51h day of March 2of E 0 7, � `� •I91� z; `1991 The Ohio Casually Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: ---•------- David M. Carey; Assistant Secrolory STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 51h day of March, 2018 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West Amedcan Insurance Company, and that he, as such, being authorized so to (to, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, i have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. �r, P!!g,. COMMONWEALTH OF PENNSYLVANIA rt• ;,� r C Notarial Saul r2 J LCommisgion BY•'� � �--._....-------..._.___._... uF n Twp., montgomary County Teresa Pastalla, Notary Public Expiras March 26,1021 �j'--- hlembng P.nnryWm;iaf csoeidian nl ;:r;lr+rie.5 try Ply This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The ON Casualty Insurance Company, Liberty Mutual insurance Company, and West American Insurance Company which resolutions are now ht full force and effect reading as follows: ARTICLE IV- OFFICERS -Section 12, Power of Attorney. Any officer or other official of the Corporation authorized (or that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys-in-facl, subject to the limitations set forth in their respective posers of attorney, shall have full pourer to bind Ilse Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Instruments shall be as binding as if signed by ilia President end attested to by the Secretary, Any power or authority granted to any representative or attorney-in-fact under Ilia provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surely Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -(n -fact, as may be necessary to actin behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recegnizances and other surely obligations. Such allorneys-infact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and. to attach thereto the seal of the Company. When so executed such instruments shall be as binding as If signed by Ilio. president and attested by the secretary. Certificate of Designation - The President of Ilia Company, acting pursuant to the Bylaws of the. Company, authorizes David NJ. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act our behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Authorization - By unanimous consent of the Company's Board of pireclors, the Company conseflls that facsirrilie or m0lailicaliy reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any pourer of attorney issued by the Company in connection with surely bonds, shall be valid. and binding upon the Company with Ilia same force and effect as though manually affixed. i, Renee C. Llewellyn, the undersigned, Assislanl Secretary, The Ohlo Casualty Insurance Company,m Liberty Mutual Insurance .Copany, and Wrest American Insurance Company do hereby certify that the original pourer of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in lull force and effect and has not been revoked. 20 , yt IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed tile �e seals of said Companies this ( day of u;tu wsuh�l - �+ 1911x 1991 By: Renee C,Llewe ssislanlSecretary 10 of 500 CoPier County Administrative Services Depart,nent Procurement Services Division FORM 9 - CONFLICT Or, INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having all organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best oftheir knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Signat Print 1 Title of Signatory:.._.Vice President of Estimating Coder county Administrative Services Department Procurement Services Division FORM 10 - VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _30 day of. APri1 2018 in the County of Travis in the State of Texas Firm's Legal Name: Hellas Construction, Inc. Address: City, State, Zip Code: 1771n 1R(.,;f-.nrch Blvd Suite 240 Anefin Tema 78759 Florida Certificate of F04000001749 Authority Document Number Federal Tax 27-0074538 Identification Number *CCR # or CAGE Code 3UOJ3 *Only if Grant Funded Telephone: Signature by: (Typed and written) Title: Vice President of Estimating Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Melanie Griffin Title: Accounts Receivable Manager Address: 12710 Research Blvd Suite 240 City, State, ZIP Austin, TX 78759 Telephone: (512) 250-2910 Email: mgrifftn@hellasconstruction.com Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: C tt�xy AdministmWe Services Department Procurement Services DIAS101, FORM 11- IA71<4IGRA1'ION AFFIDAVIT CERTIFICA'I'ION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failm a to include this Affidavit and acce table evidence of enrollment in the E-Verlf pro ram ma deem the Vendor's proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the LNA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name _Hellas Construction Inc. Print Name Jack Adams Title Vice President of Estimatiul; Signature Date State of Texas '71 County of Travis The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. �kt/"}z� `,.jAyP& CLAAIBEL BONILLA 13 L479434_°'° Ln' Notary Public, State of Texas Commission No.: "y+r Comm, Expires 03.07.2022 ''pF0 ;;i'�� Notary 10 13 1479434 001V cownty ;Or s"WoSonkesDepilmont PIf4Jtow'tD"Jt. f FORM .12 - VENDOR SIJBSTITUTr W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1, General Information (provide all information) Taxpayer Name Hellas Construction, Inc._ ----- ---- (as shown on income tax relurn) Business Name Vdiijfierent,•om taxpayer name) Address 12710 eseat _ B vd Suite City --__ Austin State Texas Zip 78759 Telephone (512) 250-2910 Email_ JAdams@hellaseonstruction.com Order Information (Must be filled out) Remit / Payment Information ''Must be�filled out) Address 12710 Research Blvd Suite 240 Address 12710 Research Blvd Suite 240 City Austin State Texas Zip 78759 City Austin State Texas Zip 78759 Email JAdatns r hellasconstruction cot Email mgrif6n a hellasconsh•uction.com 2, Company Status (check only one) Individual / Sole Proprietor _'rax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC C Enter the tax classification 501 (c) 3) (D = Disregarded EnfloJ C = Corporation, P — Partnership) 3. Taxpayer Identification Number (for lax reporiing proposes onl)) Federal Tax Identification Number ('rTN) 27-0074538 endors who do not have a TIN, will be required to provide a social security number t�ior to an 4. Sign and Date Form: Certification: Underpenalties of er'ury, 1 certify that the in ormatlon shown on this form is correct tom lntowled e, rr�� f,G,,'..�� Date April 30, 2018 Signature G� 'ice'/✓ --- Tit e Vice President of Estimating _ Phone Number ___C512)250-2910 FORM 1.3 -BIDDERS CHECKLIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. Tire following on-line standard documents have been reviewed in Bidsyne: 1. Construction bid instructions form 2. Construction services agreement 3. Purchase order terms and conditions 8, All of the following bid forms have been completed and signed: 1. Bid Form (Form 1) 8, Insurance and Bonding Requirements (Form 8) 2. Contractors Key Personnel (Form 2) 9. Conflict of Interest Affidavit (Form 9) 3. Material Manufacturers (Form 3) 10. Vendor Declaration Statement (Form 10) 4. List of Major Subcontractors (Form 4) I1. Immigration Law Affidavit Certification 5. Statement of Experience (Form 5) (Form 11) 6. Trench Safety Act (Form 6) 12. Vendor Substitute W-9 (Form 12) 7, Bid Bond Form (Form 7) 13, Bidders Checklist (Form 13 -this form) 9. Copies of required information have been attached 1. Company's E -Verify profile page or memorandum of understanding 2. Certificate of Authority to Conduct Business in State of Florida 3. Any required professional licenses - valid and current (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required,) 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. IL Bid Specified Requirements, as follows, are included and attached 1. Copy of Certification by the American Sports Builders Association 2. Certification for Installation of AstroTurf products 3. Evidence of Experience with the FIFA Pro Certification Process 4. Minimum of ten (10) similar Synthetic Turf Multi -Use Athletic Fields construction projects which have been completed in the last five (5) years that are similar in scope and size 5. Statement by owner of playing field construction company that no present or past legal action over the last seven years as a result of poor workmanship, warranty issues, etc. 6. Number of fulttime employees on staff that specializes in synthetic turf playing field construction 7. Playing Field Contractors Jobsite Superintendent, similar playing field experience, and telephone contact number 8. Preliminary playing field construction schedule. 12. Any addenda have been signed and acknowledgement form attached and included. 13. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. Hellas Construction Inc. Bidder Name _ L of Estimating April 30 2018 Signature & Title Date AMERICAN SPORTS BUILDERS .ASSOCIATION 14114 � ` Newport Y ��9.titvpoat T7�tje, Suite 20h Forest Hill, SII? 21050 866-501-AS13A (2722) 410.730.954S Fax: )10.730.8833 January 10, 2018 This will verify that Matt Schnitzler currently employed by Hellas Construction, Inc. with an address of 12.710 Research Blvd., Austin, TX 78759 has been awarded the designation of Certified Track Builder (CTB) in the American Sports Builders Association (ASBA). The Certified Builder Program was developed by the ASBA to help raise professional standards and to improve the practice of tennis court, running track and sports field construction. In order to obtain the certification designation, Mr. Schnitzler has passed a comprehensive written examination on construction and maintenance, and has fulfilled prescribed standards of experience to demonstrate a high level of expertise in construction. The certification of Mr. Schnitzler was awarded in 2004, and remains in effect as long as the individual maintains the designation. The designation is maintained by compiling a prescribed number of activity points for work done within the industry, or by retaking the exam. . Certification is valid for three years following the original date and is maintained in three-year increments thereafter. Certification is an individual designation, and is not awarded to, nor applicable to, the company for whom the certified individual works. 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E 'RS4 Sp 5nU nP `_,2zoz�m 8>°>'�a39- M, Evideinc-e of experience with FIFA Pro CertifIcation Process Canada College San Mateo Community College District 4200 Farm Hill Blvd. Redwood City, CA 94061 Scope: Fi6d Construction and Turf Installatiow Sports: Soccer FIFA approved turf Completion Year: 2014 Contact Person: Chi-i,,,br) Tai- 650-378-7362 HELLASCONSTRUCTION.COM U1,710 Research Blvd, Suite 240 - Austin, TX 0 78759 WO I �ce of experience with FIFA Pro Cefrtificatioln Process ^��^/|' /- �i �mY|\��\.[)/xege Sam Mateo Community College District 33OOCollege Dr. San Bruno, CAQ4OO8 Scope: Field Construction andnvrfInstallation Sports: S:oer pWxapproved mif Completion Year: 2814 Contact Person: Ch,imnToi 650-378-7362 *cLumcomsTnocnom.coM Evidence of experience v1dith FIFA Pro Cerdficaflon Process Univeristy of Nebraska UNO Caniglia Field 6001 Dodge Street Omaha, NE 68182 Scope: Field construction and I Lin Installation Sports: Soccer FIFA approved turn Completion Year: 20113 Contact Person: Walt Buff - 402-554-2500 HELLASCONSTRUCTION.COM 12710 Research Blvd, Suite 240 o AkIsdo, TX c- 78759 3 0 0 AFFIDAVIT I, Reed J. Seaton, President of Hellas Construction, Inc. do hereby certify on behalf of Hellas Construction, Inc. that Board of County Commissioners Collier County, Florida has NO present or past legal action and or litigation against the Hellas over the past seven (7) years as a result of poor workmanship, warranty issues, non-payment to any sub -contractors and or project delays. Subscribed and sworn to before me this 30 days of April of 2018. Hellas Construction, Inc. la J. Notary Public, Claribel Bonilla My Commission Expires: March 7, 2022 12710 Research Blvd, Suite 240 Austin, TX 78759 I office (512) 250-2910 I fax (512) 250-1960 �0 hellasconstruction.com 4 April 30, 2018 Board of County Commissioners Collier County Government Complex Naples, Florida 34112 Re: Response for Bid Specific Requirements 11.6 To whom it may concern: As of today, Hellas construction, Inc. has 293 full time employees specialize in synthetic turf playing field construction. Should you have any question or comments, please contact me. Sincerely, 6J/6�4 4V1112� ckdams Vice President of Estimating EMPLOYMENT HISTORY AND SPORTS FIELD CONSTRUCTION EXPERIENCE Hellas Gonstruction, Inc. • 2017 Project Superintendent BB&T Soccer Park Advance NC Arlington ISD Arlington TX Sports Turf Inc. • 2016-2017 Project Superintendent Effingham County High School North Springfield, GA Effingham County High School South GuySava n, G UA Datfin Park Scarborough Park Savannah, GA Burke County High School Waynesboro, GA Sports Construction Group • 2016 Site Superintendent Ballpark of the Palm Beaches West Palm Beach, FI Sportsfield Engineering • 2015 Project Manager The Gilman School Towson, MD Montreat College Montreat, NC Dean College Franklin, MA St Joseph by the Sea High School, Staten Island, NY Roman Catholic Archdiocese of New York FIELDS, Inc. , 2014 Project Superintendent Joint Venture Major League Baseball and the Sr. Foundation Latrobe Paris Baltimore,alikMD Minneapolis, MN !Northeast Parts Leve Park Mill ne;>apolis, MN XCEL Field Minneapolis, MN AstroTurf, LLC - 2009-2012 Project Manager larnPs Madison University: Harrisonburg, VA NCAA Soccer and Multipurpose Field, New Construction St, Joseph's University: Field Hockey Field Philadelphia, PA EDUCATION Ohio State University Agricultural Technical Institute Landscape Design and Turfgrass Management CERTIFICATIONS 30 -Hour Construction Training Course, Occupational Safety and Health Administration January 201$ HAZ_WOPER 24 -1 -lour Course, Associated General Contractors of America January 2018 010 Stormwater Management During Construction, Environmental Protection Agency November Level 1 A Certified Personnel, Georgia Soil and Water Conservation Commission March, 20177 HELLASCONSTRUCTION.COM 12710 Hesearch Blvd, Suite 240 • Austin, TX • 78759 �� 4 Kirk Welsh e AstroTurf, LLC. continued University of Richmond: Field Hockey Field Richmond, VA University of Virginia's College at Wise Wise, VA Western Albermarle I-ligh School, Albemarle County Public Schools Crozet, VA Albemarle High School, Albemarle County Public Schools Charlottesville, VA Duke University: Baseball Field, Renovation Durham, NC Durharn County Memorial Stadium, Durham County: County Recreational Durham, NC Football Field McClean, VA Goodlet Park, City of Hialeah Hialeah, Ft._ Tropicana Dome, Tampa Bay Rays: Indoor Baseball Field, Renovation, 2011 Saint Petersburg, FL Cfrarloite Sports Park, Tampa Bay Rays Port Charlotte, FL Ed Smith Stadium, Baltimore Orioles Sarasota, FL JaITleS Madison University: NCAA Baseball and Softball Fields,New Construction Harrisonburg, VA Thirty -Third Street Boys and Girls Club of Baltimore, Cal Ripken, Sr. Foundation Baltimore, MD Fluvanna County High School, Fluvanna County Public Schools Palmyra, VA Westfield High School, Fairfax County Public Schools Chantilly, VA University of Maryland, College Park: Field Hockey Field: Renovation College Park, MD Davis Senior High School, Davis Joint Unified School District Davis, CA Havre De Grace High School, Hartford County Public School System Havre De Grace, MD Fort Lee, United States Army: Barrack Exercise Fields: New Construction Fort Lee, VA Huntington Hall, United Service Organizations Newport News, VA Calvert Hall College High School, Towson, MD De La Salle Christian Brothers Watauga High School, Watauga County Boone, NC School District: Multisport Complex Robert E. I...ee High School, Fairfax County Springfield, VA Public Schools: Football and Soccer Field Monticello High School, Ablernarle County Public Schools Charlottesville, VA Bailey Road Park, Town of Cornelius Cornelius, NC William A., Hough High School, Charlotte -Mecklenburg Schools. krrr.alti-Sport Field Cornelius, NC EI Paso 1-tigh School, EI Paso Independent School District: Football and Soccer Fields EI Paso, TX Andress High School, EI Paso Independent School District: Football and Soccer Fields EI Paso, TX Burgess High School, EI Paso Independent School District: Football and Soccer Fields El Paso, TX Franklin High School, EI Paso Independent School District: Football and Soccer Fields EI Paso, TX Medallion Athletic products . 2008 Grading Subcontractor Boone, NC Watauga County Soccer League Appalachian State University: Soccer Stadium and Soccer Coinplex: Boone, NC) The LandTek Group, Inc, • 2002-2004, 2007 Project Manager White Plains High School, White Plains Public School District: Multisport Facilities White Plains, NY White Plains Middle School, White Plains Public School District: Multisport Facilities White Plains, NY Bloomingdale Park, New York City Department of Parks and Recreation Staten Island, NY McClean Youth Soccer Association McClean, VA Pequea Valley High School, Pec: uea Valley School District: Football and Soccer Field Kinzers, PA Nlalphrus Construction Company, Inc, • 2006-2007 Project Manager Buckwalter Regional Park and Recreation Center, Town of Bluffton Bluffton, SC HELLASCONSTRUCTI0N.COM 12710 Research Blvd. Suite 240 ° Austin, TX ° 78759 to § ; ) _ \ :f LU /!T k #n : . . .. ... )k )) LL \ u2 Z) §u \ U) \ \ ) § ))\.\ ] ()){2) S � F- 0 !j\§j\zzj\ :: , : %/!#!/// \\\\ . ; 7 :f / )) c {] k \\ State of Florida Department of State I certify from the records of this office that HELLAS CONSTRUCTION, INC. is a Texas corporation authorized to transact business in the State of Florida, qualified on March 22, 2004. The document number of this corporation is F04000001749. I further certify that said corporation has paid all fees due this office through December 31, 2016, that its most recent annual report/uniform business report was filed on January 29, 2016, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-ninth day of March, 2016 &^ 04SAA- Secretary of State Tracking Number: CU0731779385 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatusICertificateAutlientication STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 SCHNITZLER, MATTHEW CARL HELLAS CONSTRUCTION INC 12710 RESEARCH BLVD SUITE 240 AUSTIN TX 78759 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more Information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! RICK SCOTT, GOVERNOR (850) 487-1395 STATE OF FLORIDA DEPARTMENT ---OF BUSINESS AND 1. PROFESSIONAL REGULATION CGC1520756 ' 1SSUED: 08/24/2016 CERTIFIED GENERAL,CONTRACTOR SCHNITZLER"MATTHEW CARL, '. HELLAS CONSTRUCTION INC IS CERTIFIED under the provisions of Ch•489 FS: Expiration dale : AUG 31,2018 1-1608240002882 DETACH,HERE___. KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT nKIiSTRLICT OIN INDUSTRYL NESS AND POFESSIONAL CATION LICENSING BOARD LICENSE NUMBER W. MMW The GENERAL CONTRACT UK Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 ISSUED: 08/24/2018 DISPLAY AS REQUIRED BYLAW SEQ # L1808240002882 C`4O F. -Verify, E-VEM13 F'/ 7' A SEI":Ir,[ �F DIIS Company ID Number: 224122 THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING FOR DESIGNATED AGENTS ARTICLE I PURPOSE AND AUTHORITY The parties to this Agreement are the Department of Homeland Security (DHS), and Hellas Construction, Inc. (Designated Agent). The purpose of this Agreement is to set forth terms by which SSA and DHS will provide information to Hellas Construction, Inc. (Designated Agent) on behalf of the Designated Agent's client (the Employer). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities of DHS, SSA, the Employer, and the Designated Agent. References to the Employer include the Designated Agent when acting on behalf of the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E -Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts, The Employer is not a party to this MOU. The E -Verify program requires an initial agreement between DHS and the Designated 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 a Designated Agent, the Designated 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 new MOU. 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). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA SSA agrees to provide the Employer (through the Designated Agent) with available information that will allow the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. SSA agrees to provide the Employer and Designated Agent appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Designated Agent with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. ;�J111 USA U• IIIIIII �,� E-Verify....;,� Company ID Number: 224122 3. SSA agrees to safeguard the information provided by the Employer through the E - Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program 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). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S, citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS After SSA verifies the accuracy of SSA records for aliens through E -Verify, DHS agrees to provide the Employer (through the Designated Agent) access to selected data from DHS's databases to enable the Employer (through the Designated Agent) to conduct, to the extent authorized by this MOU: • Automated verification checks on alien employees by electronic means, and • Photo verification checks (when available) on employees, DHS agrees to provide to the Employer and Designated Agent appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Designated 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 Employer (through the Designated Agent), the E - Verify User Manual containing instructions on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E -Verify. DHS agrees to provide training materials on E -Verify. 4. DHS agrees to provide to the Employer (through the Designated Agent) a notice, which indicates the Employer's participation in the E -Verify program. DHS also agrees to provide to the Employer (through the Designated Agent) anti- discrimination notices issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. f�i: 4i i '•. P', ...�.; .;.. _i'ib.u.'^.G@I':�IfiE :151'.'ii :.}_'i.i....� Le USA -VerF.ify c-v;nlrr I° A sEi'J ICL !'F D Company ID Number; 224122 5. DHS agrees to issue the Designated Agent a user identification number and password that will be used exclusively by the Designated Agent, on behalf of the Employer, to verify information provided by alien employees with DHS's databases. 6. DHS agrees to safeguard the information provided to DHS by the Employer (through the Designated Agent), and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E -Verify program, 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 Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility.within 3 Federal Government workdays of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide 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. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer shall display the notices supplied by DHS (through the Designated Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer shall provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E - Verify, 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 Designated Agent. The Employer shall comply with current Form 1-9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F,R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E -Verify at 1-888-464-4218. • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form I- 9, the Employer agrees to make a photocopy of the document and to retain Page 3 of MOU for Deaignat,;:9 AgentlRevxion UaietOl29106 �� rotrl'`t' J� a4C�^. E,-Verify L-VERIFY :5 T SLRV Ift o7 DHS Company ID Number: 224122 the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any list A, or list 6 and list C, documentation to complete the Form 1-9, DHS may in the future designate other documents that activate the photo screening tool. Participation in E -Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2746 of the INA with respect to Form 14 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E -Verify: (1) identity documents must have photos, as described in paragraph 4 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E -Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and 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) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E -Verify, as well as to conduct any other enforcement activity authorized by law. 6. The Employer shall initiate E -Verify verification procedures (through the Designated Agent), for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps of the E - Verify process as are necessary according to the E -Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is 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. In all cases, the Employer (through the Designated Agent) must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification, through the Designated Agent, by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer (through the Designated Agent) performs an E -Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 7. The Employer may not use E -Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use S., .,. ....,.. , . �. .. CAS •elm:. � >�l F. -Verify, Company ID Number: 224122 not authorized by this MOU. Employers must use E -Verify (through its Designated Agent) for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer 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 access to SSA and DHS information pursuant to this MOU. 8. The Employer (through the Designated Agent) shall follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article 111,13, below) to contact DHS with information necessary to resolve the challenge. The Employer shall not 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(1)) that the employee is not work authorized, The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, 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, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work, or otherwise mistreating an employee) 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 non -match 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 or OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 10. The Employer shall comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer shall not engage in such illegal practices as 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 of (5-t.•` tr i> t.4C-L U��sl.;��tnor'+.genijF'ewsianUt3ta1G;2�?18 USA1 . -Vey z-verlrY Is A SZPVICe or DHS Company ID Number: 224122 sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration -related 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). 11. The Employer shall 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 1-9. 12. The Employer will use the information it receives from SSA or DHS (through its Designated Agent) pursuant to E -Verify and this MOU 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 whoare 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. 13_ The information that the Employer receieves through the Designated 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)), and that 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. 14. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E -Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E -Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E -Verify. D. EMPLOYERS THAT ARE FEDERAL CONTRACTORS 1. If the Employer 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) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E -Verify by the Employer, the Employer may not reverify the employee through E -Verify. a. Federal contractors not enrolled at the time of contract award: 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 Payr 6 of 1516Veniy PAOU for Designated AgentlRevision Date10129!08��0 i •o`�� SSI .�IS�!7 E-VerifyL-VERIfY is r serv,cc or ans Company ID Number: 224122 calendar days of contract award and, within 90 days of enrollment, begin to use E -Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E -Verify as a Federal contractor, the Employer must initiate 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. Federal contractors already enrolled at the time of a contract award: 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 initiate 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 3 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 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E -Verify must initiate 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. Institutions of higher education, State, local and tribal governments and sureties: 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 pursuant to 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. The provisions of Article II, part D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: 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 do so only in the manner designated by DHS and initiate E -Verify verification of all existing employees within 180 days after the election. e. Form 1-9 procedures for Federal contractors: The Employer (through its Designated Agent), may use a previously completed Form 1-9 as the basis for initiating E -Verify verification of an employee assigned to a contract as -VerifJSA Company ID Number; 224122 long as that Form 1-9 is complete (including the SSN), complies with Article II.C.4, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1-9 complies with Article II.C.4, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form I- 9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.4, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up- to-date and the form otherwise complies with Article II.C.4, but reflects documentation (such as a U.S, passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.4, subject to any additional or superseding instructions that may be provided on this subject in the E -Verify User Manual. Nothing in this section shall be construed 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. Z If the Employer 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. E. RESPONSIBILITIES OF DESIGNATED AGENT The Designated Agent agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Designated Agent representatives who will be accessing information under E -Verify. 2, The Designated Agent agrees to become familiar with and comply with the E -Verify User Manual and provide a copy of the manual to the Employer so that the Employer can become familiar with and comply with E -Verify policy and procedures 3. The Designated Agent agrees that any Designated Agent Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The Designated Agent agrees that all Designated 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 the Employer is a Federal contractor. F,�yc 8 u1 15i! 'Jt;tl;y f.lt;E1'"' �a�icrn;;e:: ;1ce;�i�R2'.��5i:.�fE Oa!e1o;231G8 ' F. -Verify L-VE.'1I FY 19 r SEAVIC[ of DNS Company ID Number: 224122 B. Failure to complete a refresher tutorial will prevent the Designated Agent and Employer from continued use of the program. 4. The Designated Agent agrees to obtain the necessary equipment to utilize E - Verify, 5, The Designated Agent agrees to provide the Employer with the notices described in Article II.B.4 above. The Designated Agent agrees to initiate E -Verify procedures on behalf of the Employer in accordance with the E -Verify Manual and E -Verify Web -Based Tutorial. The Designated Agent will query the automated system using information provided by the Employer and will immediately communicate the response back to the Employer. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Designated Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. In all cases, the Designated Agent will use the SSA verification procedures first, and will use DHS verification procedures only as directed by the SSA verification response. The Designated Agent agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E -Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records 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. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS 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 the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer (through the Designated Agent), will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system -generated referral letter and instruct the Page 9 of 151E-Ve:+ty MOU ter L'esionaled AgentlRevwsion Date.101/23!08 v � va�E-Verify LYe. ttY, i' r sePvICr �F i Company ID Number: 224122 employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer (through the Designated Agent) within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary, The Employer agrees to check the E -Verify system regularly for case updates. The Employer shall not ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA, B. REFERRAL TO DHS If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer shall refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer shall provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within 8 Federal Government work days. If the employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E -Verify system regularly for case updates. 6. If an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer shall send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. If the Employer cannot determine whether there is a photo match/non-match, the CCAO E r r A T 1 .1 . E-Veri f Company ID Number: 224122 Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non -match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer or the Designated Agent for verification services performed under this MOU. DHS is not responsible for providing the equipment needed to make inquiries. A personal computer with Internet access is needed to access the E -Verify System. ARTICLE V PARTIES A. This MOU is effective upon the signature of the parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all 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 Designated Agents to _take mandatory refresher tutorials. A Designated Agent for an Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires the Employer's participation in E -Verify is terminated or completed. In such a circumstance, the Designated Agent must provide written notice to DHS. If the Designated Agent fails to provide such notice, it will remain a participant in the E -Verify program on behalf of the Employer, 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 the Employer's newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate access to E -Verify if it is 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 Designated Agent or the Employer, or a failure on the part of either to comply with established procedures or legal requirements. The Designated Agent understands that if the Employer is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the Employer's performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by p:;citr 11 of 151G -Verify M -OU foi Dc i;ignatec AgedlRevision Date 10/29108 w �Q� E-Verify. SAue-VEAfFY 15 A SEP.\•Ir,E OF OHS Company ID Number: 224122 contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary: By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. 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 Designated Agent, the Employer, or their agents, officers, or employees. E. 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 Designated Agent or 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 Designated Agent or the Employer. F. 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). G. The foregoing constitutes the full agreement on this subject between DHS and the Designated Agent. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Designated Agent and DHS respectively. If you have any questions, contact E -Verify at 1-888-464-4218. P' .it' 12 of 1Jf.. 'smployel-Wizard 1 of 1 https://e-verify.uscis.gov/emp/EmpIoyerWizard.aspx t�{��? illlii► .E ~ Welcomo Usar ID Last Login Employment Eligibility Verification KIM SCHIZAS KSCH9128 01:42 PM - 08/10/2012 Log out Cook any tg for help Address 2: Home Company Information My Cases State: TX New Case Company Name: View Cases Parent Organization: Search Cases Company ID Number: My Profile Doing Business As (DBA) Edit Profile Name: Change Password DUNS Number: Change Security Questions Physical Location: My Company Edit Company Profile Address 1: Add New User Address 2: View Existing Users City: Close Company Account State: My Reports Zip Code: View Reports County: My Resources Hellas Construction, Inc. L View/ Edit 425009 146018887 Mailing Address: 12710 Research Blvd, Address 1: 12710 Research Blvd, Ste Ste 240 240 View Essential Address 2: Austin City: Austin TX State: TX 78759 Zip Code: 78759 TRAVIS Parent Organization: View Essential Additional Information: Resources Resources rake Tutorial Employer Identification Number: 270074538 View User Manual Total Number of Employees: 100 to 499 Ccntact Us Parent Organization: Administrator: Organization Designation: Employer Category: None of these categories apply NAICS Code: 238 - SPECIALTY TRADE CONTRACTORS Total Hiring Sites: 1 Total Points of Contact: 2 U.S. Department of Homeland Security - wrrw.dhs.gov U.S. Citizenship and Irrvnigrallon Services - wvrw.uscis.gov View (Edit View /.Edit View / Edit Accessibility Download Viewers 400 8/10/2012 1:43 PM ?mployerWizard I E -Verify", Employment Eligibility Verification Click any O for help https://e-veri fy.uscis,gov/emp/Employer Wizard.as px i Iillrl..' Welcome UserlD Last Login KIM SCHIZAS KSCH9128 01:42 PM - 08/10/2012 Log Out Home Company Information My Cases New Case Company Name: Hellas Construction, Inc. View Cases View / Edit Search Cases Company ID Number: 425009 My Profile Doing Business As (DBA) Edit Profile Name: Change Password DUNS Number: 146018887 Change Security Questions Physical Location: Mew Essential Mailing Address: My Company Take Tutorial Employer Identificatlon Number: 270074538 View User Manual Address 1: 12710 Research Blvd, Address 1: 12710 Research Blvd, Ste Edit Company Profile Ste 240 240 Add New User Address 2: Address 2: View Existing Users City: Austin City: Austin Close Company Account State: TX State: TX My Reports Zip Code: 78759 Zip Code: 78759 View Reports County: TRAVIS My Resources Mew Essential Additional Information: Resources Resources Take Tutorial Employer Identificatlon Number: 270074538 View User Manual Total Number of Employees: 100 to 499 Contact Us Parent Organization: Administrator: Organization Designation: Employer Category: None of these categories appy NAICS Code: 238 - SPECIALTY TRADE CONTRACTORS Total Hiring Sites: 1 Total Points of Contact: 2 U S. Department of Homeland Security - vAvw.dhs.gov U.S. Citizenship and Inunlgration Services - www.uscis.gov j v.VieW I Edit View/Edit View / Edit I Accessibility Download Viewers (9 8/ 10/2012 1:43 PM 1 of I EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Kirk Welsh Fausto Rozon Matt Schnitzler Personnel Category Construction Superintendent Project Manager VP Construction 10 Construction Services Agreement: Revised 022018 (Cl EXHIBIT 13-1: PUBLIC PAYMENT BOND 18-7339 Bond No. 022220275 Contract No. 18-7339 KNOW ALL MEN BY THESE PRESENTS: That Hellas Construction, Inc. 12710 Research Blvd., Suite 240, Austin, TX 78759 as Principal, and Liberty Mutual Insurance Company as Surety, located at 175 Berkeley Street, Boston, MA 02116 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL as Obligee in the sum of Four Million, One Hundred Seven Thousand, Thirty -One Dollars ($4,107,031.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 1 day of May 20 18 with Obligee for North Collier Regional Park Artificial Turf Conversion Bid No. 18-7339 in Naples, FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 10th day of May 20 18 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. Notwithstanding anything to the contrary in any of the contract documents, neither the Surety nor contractor shall be liable for any warranty obligations exceeding t year from the date of substantial completion as defined in the contract documents. 11 Construction Services Agreement: Revised 022018 Signed, sealed and delivered in the presence of: n I j 0. A Ck A q I BY: Witnesses as to Principal NAI STATE OF COUNTY OF p0" PRINCIPAL A®Fd8 4Sfi`s�ys The fore 96,str,qnt was acknowledged before me is day of 20EL, by as of AlAjAjjf.La co oratio on behalf of the corporation. He/she is personally known to me OR has produced ne) as identification and did (did not) take an /oath. rI My Commission Expires, o� QI, RU I�j FRANCES ROSALES ' :b Notary Public, State of Texas i� My Commission Expires 'G:'f' July 01, 2018 (AFFIX OFFICIAL SEAL) ATTEST: I r t itne es to Surety Jacque' e Kirk, Attorny-In-Fact MPJA49B n (( iignattua%lOg rreofNNotary) �fQfVlNAME:s (Legibly Printed) Notary Public, State Commission No.: SURETY: Liberty Mutual Insurance Company (Printed Name) 175 Berkeley Street Boston, MA 02116 (Business Address (Author ed Signature) Ginger Hoke, Attorney in Fact (Printed Name) 12 Construction Services Agreement: Revised 022018 M Witnesses STATE OF Texas COUNTY OF Dallas As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this 10 day of May 2018 by Ginger Hoke as Attorney -In -Fact of Liberty Mutual Insurance Company Surety, on behalf of Surety. He/She is personally known to me OR has produced Known to me as identification and who did(did not) take an oath. / My Commission Expires: (AFFIX OFFICIAL SEAL) ;=ot�a •P�a�c: JACQUELINE KIRK ' - Notary Public, State of Texas . My Commission Expires �rFOF��}�' May 18, 2019 Og JA-6:GUG nat re) Name: (Legibly Printed) .L�jc"' � Notary Public, Stat of �,� Commission No.: 13 Construction Services Agreement: Revised 022018 EXHIBIT 13-2: PUBLIC PERFORMANCE BOND 18-7339 Bond No.022220275 Contract No. 18-7339 KNOW ALL MEN BY THESE PRESENTS: That Hellas Construction, Inc. as Principal, and Liberty Mutual Insurance Company as Surety, located at 175 Berkeley Street, Boston, MA 02116 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL as Obligee in the sum of Four Million, One Hundred Seven Thousand, Thirty -One Dollars ($ 4,107,031.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 1st day of May 1 2018 with Obligee for North Collier Regional Park Artificial Turf Conversion Bid No. 18-7339 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 10th day of May , 2018 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Notwithstanding anything to the contrary in any of the contract documents, neither the Surety nor contractor shall be liable for any warranty obligations exceeding 1 year from the date of substantial completion as defined in the contract documents. 14 Construction Services Agreement: Revised 022018 Signed, sealed and delivered in the presence of: A Witnesses as to Principal NAME: STATE OF COUNTY OF � _ PRINCIPAL ITS: t T yi Ltd jg ((t 000 Inc. The foregoing instrument was ck owle a before me this I7 day of �IIaAV 20 as of a Cor or tort, Qnhalf of the corporation. He/she is personally known to me OR has produced Wfly identification and did (did not) take an oato. My Commission Expires:Q4�11R�lv FRANCES ROSALES Notary Public, State of Texas My Commission Expires July 01 , 2018 (AFFIX OFFICIAL SEAL) as ( gnature) Name: ffmm �6- (Legibly Printed) Notary Public, State of: Commission No.: 15 Construction Services Agreement: Revised 022018 ATTEST: f/349 " W- /I 1-t 4� fitness s as to Surety Jacqueline Kirk, Attorny-In-Fact Witnesses STATE OF Texas COUNTY OF Dallas SURETY: Liberty Mutual Insurance Company (Printed Name) 175 Berkeley Street Boston, MA 02116 (Business Address) (Authori2ed Signature) Ginger Hoke, Attorney in Fact (Printed Name) As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this 10th day of May 2018 , by Ginger Hoke , as Attorney -In -Fact of Liberty Mutual Insurance Company , a Massachusetts Surety, on behalf of Surety. He/She is personally known to me OR has produce Known to me as identific ' nrre) did did o t an oath. My Commission Expires: f ( i Name: �k� { t'j (Legibly Printed) (AFFIX OFFICIAL SEAL) ,,ogaYPya�JACQUELINE :RK '?' ° = Notary Public, StateasNMy Commission �rEOFtE}<'May 18, 201 Notary Public, Stat of Commission No.: 16 Construction Services Agreement: Revised 022018 " THiS'POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, Certificate No. 8028088 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized tinder the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (hereincollectively called the 'Companle_s"), pursuant to and_by authorityherem"set forth, does hereby name, constitute and appoint, Jacqueline Kirk' Mark R DeWitt Ginger Hoke' D'G,•egoryStftts all of the city of Dallas state of T> = eachartdiVidually if there be more lflariione named Its true aridaavz(ul attorney in=faeCto make, execute, seal, acknowledge and deliver; for and on its behalf as surety and as its aet and deed airy and all undertakings bonds r2cognlzances and othersuretyobligatiods;;6--: uance of these presents and shall be as binding upon the Companies as if theyfiavi beenduly signed:by th6)resident and attested bythe secretary of the Companies in their ow r p Pper persons. IN WITNESS WHEREOF, this Power of Attorneytias been subscribed>by en "authonzed offic- i3fficial 06 -Companies and the "corporate eats of the Companies have been affixed thereto this 5th day of March =2018 AL1•{INSp� R"�i cry S,UR'^� - The Ohio Casualty InsuranceCompanyhJ ,�i)rPC:,27T�, � J� `ril. i c� r-� �� `,O •O a Liberty Mutual Insurance Company 0 1919 0 > 1912 1991 s West mencan Insurance Company 5 o D" -. j �F'<r,? ;tao-•;F a� A:' asr+inv7�• r� ;D,.pP � STATE OF PENNSYLVANIA ss David M. Carey, Assistant secretary COUNTY OF MONTGOMERY On this 5th day of March , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first abov��e written. 5N PASr COMMONWEALTH OF PENNSYLVANIA �Q,��FgOHWF9l �(C Notarial Seat _ Y Teresa Pastella, Notary Public By: OF upper MerionTwp., Montgomery County Teresa Pastella, Notary Public �P My Commission Expires March 28, 2021 y� YLVP�v�' A9ernbw, Pennsylvania Association of Notaries APry p\58 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed bytfe president and. attIistedby. the.secretary. - Certificate of Designation - The President"gf the Company acting pursu8ntto the Bylaws ofihe':Company�Cfthonzes Dav1d M. Carey Assistant Secretary to appoint such attorneys -in fact as may be necessary to act on behalf of the Company..( o make,'eixecute, seal, acknowledge anti deliver. as surety apy`and all undertakings, bonds, recognizances and other surety obligations. - Authorization - By unanimous consent of ft Company s Board of Directors, the Company consents;ahat facsimile or meehapically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified of_: i6"power of:attorriey issued by the Company m connection �wthaiirety bonds, shall be?ra!id=and binding upon the Company with the same force and effect as though manually: mixed I, Renee C. Llewellyn, the undersigned Assistant Secretary, The Otilo Casualty Insurance Company Liberty Mutual Insurance. Company and.:West American Insurance Company do hereby certify that the original power of attorney of which. the foregoing Is a full :true and correct:copy of the Power of Attorney execgted by said Companies, is in full force and effect and r-: has not been revoked. 7N IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this O day of 20 I� �(V Iris irlso �JP:,oP.evn.7r�9� JJ�oPr'°„tr�9�,� ci``µraanrV�c^ '" 0 1919 n ? 1912 N 1991 O By: Renee C. Llewe , ssistant Secretary 0 •>' "Y,r.7ma>�' �a s,�''rncnus3'!? 7 ,�otauM � 42 of 500 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement: Revised 022018 CCAT Should at any time the Contractor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 m Construction Services Agreement: Revised 022018 ��- Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at ligps://Ups.fldfs.com/bocexegVt/ 2. ® Employer's Liability $ 1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current ISO $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and form Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNend or/Co nsultant in the performance of this Agreement. 5. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. S Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑X Professional Liability $ 1.000.000 Per claim & in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 19 Construction Services Agreement: Revised 022018 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sutn equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the :Federal Deposit Insurance Corporation. 8. ® Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract by Bonds Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guidc, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038, 9. ® Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to ally other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® Thirty (30) Days Cancellation Notice required. 3/27/18 - GG Contractor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Contractor Signature Print Name Insurance Agency Agent Name Holmes and Nlurphy (13r9ker) Liber Mutual_.._ -- Mark De Witt Telephone Number (211) 691-5919 20-, Construction Services Agreement: Revised 022018 tA.� EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner, might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness President Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this day of 20 by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: _ 21 Construction Services Agreement: Revised 022018 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier Count Board of Countv Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. County's Division Name Project No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @10% through [Insert Date] $ Retainage @ 10% through [Insert date] $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retaina e $ Less revious payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time to Date: % -Completed Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractors Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Date: Signature:. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended b Owner's Project Manager Name: Date: Signature: _ 22 ONOConstruction Services Agreement: Revised 022018 EXHIBIT D SCHEDULE OF VALUES Explanation for the two columns under Previous Applications: The Thru Date Is where you will place all information until the contract is complete unless a release or reduction of retainage issue cot into play. If this happens, all Information up to the date of the % change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. _ ... ..__...._ _ .._..._....,..._.: 23 Construction Services Agreement: Revised 022018 Exhibit D (Continued) Stored Materials Record Fnrmida'A+R-C-D=E A B _.... C D E Invoice Previously Date Description Supplier Number Received Received This Period Previously Installed Installed This Period Balance To Install 24 Construction Services Agreement: Revised 022018 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccsp01 /SiteDirectory/ASD/Purchasing/Forms1 /Forms/Default.aspx Change Order Form Contract#:�� Change*= Purchase Order#: project€f:�� C o n traoto OF=Name:— � ProjectName: ProjectManagerNameFT Department: F— r iainal Ccrrtract fork order Amount OrFgInaI BCC Approaal Dats; Agenda It # Current BCC Approved Amount Last BCC Approval Date, Agenda Item# Cu'rentContracUNI/ark Order Amarnt SAP contract Excireticn Date(Nlestei) DoltrAmountofthis Change F ooivf0! TctslCharge frcmCriginalAmount Revised Ccntrsot-WoA.OrderTots) F—F— a001 1 4.0 via! ChBnge;from CurrentBCC ApprovedAnwunt Cumulative Chsn es a00 #D I' M! Changefrom Cment Amount Completion Date, Description of the Task{s) Change, and Rationale for the Change Notice to PraceeOriginal Last Approved Revised Date e Date Completion Dat Date ��,7rt:uiltiG>•-3=i #of Days Added �� 3electTasks G7 Add newtask(s) p Deletetask(s) QChangetask(s) I] Othertse2hz'ot.j Providea responseto the following: l.) detailed and specific explanation{rationale of the requestedchange(s)to the task(s) and i or theadditionaldapsadded(ifrequested):2.)whythischangewasnot includedintheonginalcontractand 3,)describe the! mpact If this channeis not processed, ktt-cl, aiffrtional'irtormtat 7R from tr_ Design Professional arvlfox Con#actor,ff need. Prepared by: Dale: (Project Manager Name and Departmer:.t) - Arra PI anceOfthrCharg_Order stailcon stitsf ana€�zirrstw,IocontralIworrod_rt3entdredabav mij"011be rtj•cttoaItIhes am_ larms amiconditions ascort inedinttrcontract} work, ordrirS ated t vs, as fullpasifth maew r %ted in this sc aplance. The a iustmeM.ifarg inth_Conite?lSt. all cor-.stim afull =n• firalcell �--nr--rtofany and. all cl imaofth_''ottraclwIV ndorICORBWtant7 Des yr Profess Lnal axsing out of or related to lhechange sat fortis herein, ir...h�dirg claims for import and delay -,0515. Accepted by: Date: fContraclor f Vendor Icons U it am F Design F rof _as iomal aad Name of .Firm, if prr jsct ap�pl'ica ble) Approved 6y: Date: (Design Professional ardName ofFirm,'if ro)ecfappR^..at.i=) Approved by: Dat=: (Procurement Professional 25 Construction Services Agreement: Revised 022018 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement: Revised 022018 't 0 RESPONSIBILITIES: OWN ER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the (:nntract nnruments. Executed by Design Professional on By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Title 20 OWNER accepts this Certificate of Substantial Completion on 120 By: OWN ER Type Name and Title 27 Construction Services Agreement: Revised 022018 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date Contractor: The following items have been secured by the for the Project known as 120 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: _ YES NO 28 G-10 Construction Services Agreement: Revised 022018 1, All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4, 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 28 G-10 Construction Services Agreement: Revised 022018 EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 � Construction Services Agreement: Revised 022018 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents), 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement: Revised 022018 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31OAO Construction Services Agreement: Revised 022018 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule, 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 LAO Construction Services Agreement: Revised 022018 6. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 0. Construction Services Agreement: Revised 022018 �, 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The proceduresfor submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement: Revised 022018 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement: Revised 022018-11 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a) -(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1, Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all 36 C40 Construction Services Agreement: Revised 022018` work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work 37 tAP Construction Services Agreement: Revised 022018 Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub -Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed 38 Construction Services Agreement: Revised 022018 �� to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 39 Construction Services Agreement: Revised 022018 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E -Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. C4 40 Construction Services Agreement: Revised 022018 Additionally, Contractors shall require all subcontracted Contractors to use the E -Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 90 41 Construction Services Agreement: Revised 022018 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. � O 42 Construction Services Agreement: Revised 022018 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager �� O 43 Construction Services Agreement: Revised 022018 shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers.or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 44 Construction Services Agreement: Revised 022018 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming,to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential 9� 45 Construction Services Agreement: Revised 022018 costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its. sole opinion, it is in the Owners best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall Q49 46 Construction Services Agreement: Revised 022018 include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 26. PROTECTION OF WORK. 25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property atthe Project site or adjacent thereto, Contractor, withoutspecial instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. �C , 47 Construction Services Agreement: Revised 022018 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, 48 Construction Services Agreement: Revised 022018 Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Ownerfrom time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or 49 Construction Services Agreement: Revised 022018 Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of 50r Construction Services Agreement; Revised 022018 the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of 51 Construction Services Agreement: Revised 022018 Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 52 Construction Services Agreement: Revised 022018 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County 53 60) Construction Services Agreement: Revised 022018 under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL -F MOPS (@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Construction Services Agreement: Revised 022018 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreement: Revised 022018 A ® CERTIFICATE OF LIABILITY INSURANCE Das/10/2018 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pol)cy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-214-363-4433 Holmes Murphy & Associates CONTACT Iessica Potts NAME: _FAX_ PHONE 469-872-8032 No: AIC No Ex . 12712 Park Central Dr., Suite 100 ADDRESS: jpotts@holmesmurphy.com INSURERS AFFORDING COVERAGE NAIC# Dallas, TX 75251 Greg Stitts INSURERA: OLD REPUBLIC GEN INS CORP 24139 INSURED INSURERB: ASPEN AMER INS CO 43460 INSURER CARGONAUT INS CO 19801 Hellas Construction, Inc. INSURERD: TEXAS MUT INS CO 22945 12710 Research Blvd, Suite 240 INSURER E: Hudson Excess Insurance Company 14484 Austin, TX 78759 INSURER F: UNDERWRITERS AT LLOYDS 32727 nnvcon rcc rFRTIFIr ATF NUMBER' 52809845 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DDIYYYY LIMITS A GENERAL LIABILITY A6CG11991801 03/05/18 03/05/19 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 10,000 CLAIMS -MADE F -i -I OCCUR PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY X PEO- LOC CT A AUTOMOBILE LIABILITY A6CA11991801 03/05/18 03/05/19 FOMBINEDtSSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS NONAUT-OWNED PROPER-ZDAMAGE $ Per accident HIRED AUTOS AUTOS B X UMBRELLA LIAB X OCCURH9218248398604 X005EE18 03/05/18 03/05/19 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$10,000 $ C WORKERS COMPENSATION 03/05/18 03/05/19 X WCSTLIMITSATU- OR E.L. EACH ACCIDENT $ 1,000,000 D AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 0001283920 03/05/18 03/05/19 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED?I IN IN (Mandatory in NH) NIA E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under OF OPERATIONS below E Warranty Coverage HFF100106-1801 03/01/18 03/01/19 Each Warranty 1,000,000 FDESCRIPTION FI Pollution/Professional CPP -0000163-01 03/05/18 03/05/19 Claim/Agg 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Project: Collier County North Regional Park Multi -Use Playing Fields issued during the for eight years from completion *Policy provides coverage for warranties policy period date of the project. HOLDER CANCELLATION CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Board of County Commissioners in Collier County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o Parks and Recreation Division ACCORDANCE WITH THE POLICY PROVISIONS. 15000 Livingston Road Naples, FL 34109 AUTHORIZED REPRESENTATIVE O 7j USA v (c) 1988-2014 ACORD CORPORJ ION. Ali rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD jpottstx 52809845 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 05/10/2018 INSURED: Hellas Construction, Inc. Certificate Holder is additional insured on General Liability and Auto Liability if required by written contract. Waiver of subrogation is provided to the Certificate Holder on the General Liability, Auto Liability and Employers Liability if required by written contract. 30 day notice of cancellation is provided to the Certificate Holder on the General Liability and Auto Liability policies if required by written contract. General Liability coverage is primary and non-contributory of other insurance. Umbrella policy is follow form of the General Liability, Auto Liability, Employers Liability and Contractual Liability. SUPP (1U/UU) ® WORKERS' COMPENSATION AND EMPLOYERS MUtlexas a LIABILITY INSURANCE POLICY Insurance Company WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Z Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 . oo percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date Is Indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on Policy No. TSF -0001283920 Issued to HE L LAS CONSTRUCTION INC Premium $ NCCI Carrier Code 29939 at 12:01 A.M. standard time, forms a part of of the Texas Mutual Insurance Company AlivsEndorsement No. Authorized Representative WC420304B (ED. 6-01-2014) INSURED'S COPY NXGOMEZ POLICY NUMBER: A6CA11991801 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hellas Construction, Inc. Endorsement Effective Date: 03/05/18 SCHEDULE Name(s) Of Person(s) Or Organization(s): Blanket as required by executed written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: A6CA11991801 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hellas Construction, Inc. Endorsement Effective Date: 03/05/18 SCHEDULE Name Of Person(s) Or Organization(s): Blanket as required by executed written contract Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section 11 — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s) or Organization(s) : Blanket as required by executed written contract (If no entry appears above, information required to complete tnis endorsement will tie snown in ine Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. If the person or organization shown in the schedule qualifies as an 'insured' for Liability Coverage, and they have coverage as a first named insured under another policy, this policy is primary to and non-contributory with that other insurance. All other terms, conditions, and exclusions apply. Named Insured Hellas Construction, Inc. Policy Number A6CG11991801 Endorsement No. Policy Period 03/05/18 to 03/05/19 Endorsement Effective Date: 03/05/18 Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE CA EN GN 0044 02 12 Page 1 of 1 DATE POLICY NUMBER: A6CG11991801 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: A6CG11991801 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Locations Of Covered Operations Blanket as required by executed written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An. Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: A6CG11991801 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Descri tion Of Completed Operations Blanket as required by executed written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111 — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: A6CG11991801 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by executed written contract Information required to complete this Schedule, if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 OLD REPUBLIC GENERAL INSURANCE CORPORATION CANCELLATION OR NON -RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART If we cancel or non -renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non -renewal to all Specified Persons or Organizations on file with us Thirty (30) days prior to the effective date of cancellation or non -renewal. If we cancel this policy for non-payment, we will deliver notice of the cancellation to all Specified Persons or Organizations on file with us Ten (10) days prior to the effective date of cancellation. If notice is mailed, proof of mailing will be sufficient proof of notice. Named Insured Hellas Construction, Inc. Policy Number A6CA11991801 Endorsement No. Policy Period 03/05/18 to 03/05/19 Endorsement Effective Date: 03/05/18 Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE IL EN GN 0004 09 11 Page1 of 1 DATE OLD REPUBLIC GENERAL INSURANCE CORPORATION CANCELLATION OR NON -RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART If we cancel or non -renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non -renewal to all Specified Persons or Organizations on file with us Thirty (30) days prior to the effective date of cancellation or non -renewal. If we cancel this policy for non-payment, we will deliver notice of the cancellation to all Specified Persons or Organizations on file with us Ten (10) days prior to the effective date of cancellation. If notice is mailed, proof of mailing will be sufficient proof of notice. Named Insured Hellas Construction, Inc. Policy Number A6CG11991801 Endorsement No. Policy Period 03/05/18 to 03/05/19 Endorsement Effective Date: 03/05/18 Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE IL EN GN 0004 09 11 Page 1 of 1 DATE ® WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Instuance TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC 42 06 01 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on Policy No. TSF -0001283920 Issued to HELLAS CONSTRUCTION INC Premium $ NCCI Carrier Code 29939 at 12:01 A.M. standard time, forms a part of of the Texas Mutual Insurance Company % �Endorsement No. Authorized Representative WC420601 (ED. 1-94) INSURED'S COPY NXGOMEZ