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Agenda 09/08/2020 Item #16C2 (ITB #20-7764h)09/08/2020 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 20-7764h, “North County Water Reclamation Facility (“NCWRF”) Aeration Basins 5 & 6 Diffuser System Replacement,” to U.S. Water Services Corporation, in the amount of $610,915.05, and authorize the Chairman to sign the attached agreement (Project Number 70148). OBJECTIVE: To meet demand, stay in compliance, and serve customers efficiently and effectively by providing a compliant and reliable water reclamation system to Collier County Water-Sewer District customers. CONSIDERATIONS: The proposed scope of work under Project No. 70148, North County Water Reclamation Facility (“NCWRF”) Aeration Basins 5 & 6 Diffuser System Replacement), is consistent with the FY2020 CIP Budget approved by the Board on September 19, 2019. The NCWRF is located at 10500 Goodlette Road in North Naples. The facility utilizes an MLE (Modified Ludzack-Ettinger) treatment process that includes a series of pipe grids, fittings, and diffusers at the bottom of aerations basins which are approximately 20 years old. This diffuser system introduces oxygen into the wastewater to feed bacteria that perform the treatment process. It has met its useful life and due to its age and use through the years, it has lost significant functionality and is in need of repairs and replacement. This project will repair and replace the piping, valves, fittings and diffusers as needed to restore the treatment process to be fully compliant, reliable, and able to perform as designed and intended. On May 6, 2020, the Procurement Services Division posted ITB No. 20-7764 for construction of NCWRF Aeration Basin 5 & 6 Diffuser System Replacement. The County issued 27,369 notices and interested contractors viewed ninety-seven (97) bid packages. On June 8, 2020 the County received six (6) bids as summarized below. Respondents: Company Name City County ST Total Bid Price Responsive/ Responsible US Water Services Corporation New Port Richey Pasco FL $610,915.05 Y/Y PWC Joint Venture, LLC Fort Myers Lee FL $656,000.00 Y/Y Intercounty Engineering, Inc. Pompano Beach Broward FL $673,302.08 Y/Y Bearing Point Construction, Inc. Lakewood Ranch Sarasota FL $697,311.00 Y/Y Mitchell & Stark Construction Co., Inc. Naples Collier FL $698,639.00 Y/Y Douglas N. Higgins, Inc. Naples Collier FL $1,366,800.00 Y/Y Staff reviewed the bids received, determined that US Water Services Corporation is the lowest responsive and responsible bidder, and recommends that the contract be awarded to US Water Serv ices Corporation for a total contract amount of $610,915.05. The total bid includes an Owner’s Allowance of $65,000 for unforeseen and unanticipated conditions that may be encountered during construction. If necessary, the use of the allowance funds will be subject to 16.C.2 Packet Pg. 920 09/08/2020 County approval prior to the execution of any work and will be billed at the appropriate contract price based on a time and materials basis, consistent with the contract and County Procurement policies. The low bid is approximately 2.5 percent lower than the engineer’s opinion of probable cost, as shown in the attached bid analysis. Design Engineer, Hole Montes, Inc., also recommends awarding the project to US Water Services Corporation in its June 25, 2020, Letter of Recommended Award. US Water Services Corporation has a satisfactory performance and warranty record as reflected in references from previous, similar, utility-related projects. Documentation of staff’s recommendation is reflected in the attached Notice of Recommended Award. FISCAL IMPACT: The source of funding is Wastewater User Fee Capital Fund (414) Project No. 70148 (Water Reclamation Facilities TSP). Construction of this project is not anticipated to have a measurable impact on operations and maintenance costs. The project is anticipated to be completed by the end of 2021. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities and to remain in compliance with all regulatory programs. RECOMMENDATION: Recommendation to award Invitation to Bid No. 20-7764, “North County Water Reclamation Facility (NCWRF) Aeration Basins 5 & 6 Diffuser System Replacement,” to U.S. Water Services Corporation, in the amount of $610,915.05, and authorize the Chairman to sign the attached Agreement. (Project Number 70148) Prepared By: Peter Schalt, Senior Project Manager, Engineering and Project Management Division ATTACHMENT(S) 1. 20-7764 - Bid Tabulation (PDF) 2. 20-7764 DELORA NCWRF Aeration Basin 5 & 6 Diffuser System Replacement (PDF) 3. 20-7764 - NORA - Executed (PDF) 4. 20-7764 USwater_Insurance 7-15-20 (PDF) 5. [Linked] 20-7764 USWater_VendorSignedwBonds (PDF) 6. PowerPoint Sept 8 2020 (PDF) 16.C.2 Packet Pg. 921 09/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doc ID: 12841 Item Summary: Recommendation to award Invitation to Bid No. 20-7764, "North County Water Reclamation Facility (NCWRF) Aeration Basins 5 & 6 Diffuser System Replacement", to US Water Services Corporation, in the amount of $610,915.05, and authorize the Chairman to sign the attached agreement (Project Number 70148). Meeting Date: 09/08/2020 Prepared by: Title: Project Manager, Senior – Public Utilities Planning and Project Management Name: Peter Schalt 07/22/2020 3:34 PM Submitted by: Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management Name: Tom Chmelik 07/22/2020 3:34 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 07/23/2020 10:00 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 07/23/2020 10:47 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 07/23/2020 11:13 AM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 07/23/2020 12:21 PM Water Steve Messner Additional Reviewer Completed 07/24/2020 9:26 AM Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 07/30/2020 4:06 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 08/04/2020 2:31 AM Procurement Services Sandra Herrera Additional Reviewer Completed 08/04/2020 2:21 PM Public Utilities Planning and Project Management Craig Pajer Additional Reviewer Completed 08/07/2020 11:16 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 08/10/2020 3:51 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/11/2020 11:37 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/17/2020 2:19 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/17/2020 3:58 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/17/2020 4:16 PM Budget and Management Office Ed Finn Additional Reviewer Completed 08/18/2020 1:41 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/31/2020 4:24 PM 16.C.2 Packet Pg. 922 09/08/2020 Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM 16.C.2 Packet Pg. 923 Solicitation No:20-7764 Project Manager:Peter Schalt Notices Sent:27,369 Solicitation Title:NCWRF Aeration Basin 5&6 Diffuser System Replacement Strategist:Jim Flanagan Packages Viewed:97 Bid Due Date:June 8, 2020 @ 3:00 pm Bid Responses:6 BID TABULATION BIDDER:US Water Services Corporation PWC Joint Venture LLC Intercounty Engineering, Inc Bearing Point Construction, Inc Mitchell & Stark Construction Co. Inc Douglas N. Higgins, Inc Item No.Description Units Estimated Quantity Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total 1 Mobilization/Demobilization (Not to Exceed 10% of Total Bid Amount)Lump Sum 1 $47,772.00 $47,772.00 $58,000.00 $58,000.00 $60,830.21 $60,830.21 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $130,000.00 $130,000.00 $15,000.00 $15,000.00 2 Furnish and install Sanitaire®diffuser systems including diffuser grids, piping, and appurtanences as described in the Bid Doucments. Lump Sum 1 $498,143.05 $498,143.05 $533,000.00 $533,000.00 $547,471.87 $547,471.87 $582,331.00 $582,331.00 $583,639.00 $583,639.00 $1,171,800.00 $1,171,800.00 $546,701.00 $546,701.00 Tradework Subtotal - Items 1-2 $545,915.05 $591,000.00 $608,302.08 $632,331.00 $633,639.00 $1,301,800.00 $561,701.00 3 Owner's Allowance**T&M 1 $0.00 $65,000.00 $0.00 $65,000.00 $0.00 $65,000.00 $0.00 $65,000.00 $0.00 $65,000.00 $0.00 $65,000.00 $0.00 $65,000.00 TOTAL BID PRICE - TRADWEWORK SUBTOTAL + OWNERS ALLOWANCE $610,915.05 $656,000.00 $673,302.08 $697,331.00 $698,639.00 $1,366,800.00 $626,701.00 “Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change.” Y Y Y Y Y Y BID RESPONSE FORMS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 3 from MI Y Y smaller projects Y Y Y Y Y Y Y Y Y Y Y LS 560,000 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Bidders Checklist (Form 12)N all docs provided Y Y Y Y Y COPIES OF INFORMATION n/a n/a n/a n/a Y Y E-Verify Profile Page or MOU Y N verified online Y Y Y Y Florida Business Registration w/ DBPR (sunbiz.org)Y Y Y Y Y Y GC License (myfloridalicense.gov)Y Y Y Y Y Y ADDENDA Y Y Y Y Y Y Y Y Y Y Y Y Y Amended 9/19 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y New Port Richey Fort Myers Pompano Beach Lakewood Ranch Naples Naples Pasco Lee Broward Sarasota Collier FL Opened By: Jim Flanagan Witnessed  By: Barbara Lance Strategist to Confirm Bonding and Insurance Requirements Strategist to Confrm all forms completed and signed Place of Business: County: Strategist to Confirm Registration with Florida DOS on-line Strategist to Confirm License on-line w/DPBR Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Collier County Business Tax Receipt (if applicable) Addendum No 1 Addendum No 2 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) BID SCHEDULE, Completed and correct Bid Response Form (Form 1) Exhibit N - Contractors Key Personnel (Form 2) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) 16.C.2.a Packet Pg. 924 Attachment: 20-7764 - Bid Tabulation (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) 950 Encore Way · Naples, Florida 34110 · Phone 239.254.2000 · Fax: 239.254.2099 H:\2020\2020009\EN\A Project Management\Diffusers\DELORA Documents 6-12-2020\20-7764 DELORA.docx Naples · Fort Myers June 25, 2020 Mr. Jim Flanagan Procurement Manger – Construction Team Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112 RE: Evaluation of Bids / Contract Award Recommendation NCWRF Aeration Basin 5 & 6 Diffuser System Replacement North County Water Reclamation Facility (County Bid No. 20-7764) HM File No. 2020.009 Dear Mr. Flanagan, On June 8, 2020, bids were received for the North County Water Reclamation Facility (NCWRF) Aeration Basin 5 & 6 Diffuser System Replacement. A total of six bids were received ranging from $610,915.05 to $1,366,800.00. Enclosed is the Bid Tabulation provided by Collier County Procurement containing the bidders with their respective pricing and responsiveness. The original Engineer’s Opinion of Cost was $626,701.00, which includes the Owner’s Allowance of $65,000.00. The apparent low bidder was US Water Services Corporation with a bid of $610,915.05. This bid is approximately 2.5% lower than the Engineer’s Opinion of Cost. The three lowest bids differed by 9.7% from lowest to highest. Hole Montes has contacted the four references provided by US Water Services Corporation on Bid Form 5. All four references were responsive, and the Vendor Reference Check Logs are attached. The references received were satisfactory and include similar diffuser replacement experience which meet that requirement. Hole Montes recommends award of the construction contract to US Water Services Corporation in the amount of $610,915.05. Respectfully, HOLE MONTES, INC. Erik J. Mead, P.E. Environmental Engineer/Project Manager C: Peter Schalt, Collier County Dawn B. Barnard, Hole Montes 16.C.2.b Packet Pg. 925 Attachment: 20-7764 DELORA NCWRF Aeration Basin 5 & 6 Diffuser System Replacement (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) Solicitation No:20-7770 Project Manager:Peter Schalt Notices Sent:27,369Solicitation Title:NCWRF Aeration Basin 5&6 Diffuser System Replacement Strategist:Jim Flanagan Packages Viewed:97Bid Due Date:June 8, 2020 @ 3:00 pm Bid Responses:6BID TABULATION BIDDER:US Water Services Corporation PWC Joint Ventures LLC Intercounty Engineering, Inc Bearing Point Construction, Inc Mitchell & Stark Construction Company Inc Douglas N. Higgins, Inc Engineer's EstimateItem No.Description Units Estimated Quantity Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total1Mobilization/Demobilization (Not to Exceed 10% of Total Bid Amount)Lump Sum 1 $47,772.00 $47,772.00 $58,000.00 $58,000.00 $60,830.21 $60,830.21 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $130,000.00 $130,000.00 $15,000.00 $15,000.002Furnish and install Sanitaire®diffuser systems including diffuser grids, piping, and appurtanences as described in the Bid Doucments.Lump Sum 1 $498,143.05 $498,143.05 $533,000.00 $533,000.00 $547,471.87 $547,471.87 $582,331.00 $582,331.00 $583,639.00 $583,639.00 $1,171,800.00 $1,171,800.00 $546,701.00 $546,701.00Tradework Subtotal - Items 1-2 $545,915.05 $591,000.00 $608,302.08 $632,331.00 $633,639.00 $1,301,800.00 $561,701.003Owner's Allowance**T&M 1 $0.00 $65,000.00 $0.00 $65,000.00 $0.00 $65,000.00 $0.00 $65,000.00 $0.00 $65,000.00 $0.00 $65,000.00 $0.00 $65,000.00TOTAL BID PRICE - TRADWEWORK SUBTOTAL + OWNERS ALLOWANCE $610,915.05 $656,000.00 $673,302.08 $697,331.00 $698,639.00 $1,366,800.00 $626,701.00“Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change.”Y Y Y Y Y YBID RESPONSE FORMS Y Y Y Y Y YYYYYYYYYYYYYYYYYYYYY3 from MI Y Y smaller projects Y YYYYYYYYYYLS 560,000 Y Y YYYYYYYYYYYYYYYYYYYYYYYYY Bidders Checklist (Form 12)N Y Y Y Y YCOPIES OF INFORMATION n/a n/a n/a n/a Y Y E-Verify Profile Page or MOU Y N verified online Y Y Y Y Florida Business Registration w/ DBPR (sunbiz.org)Y Y Y Y Y Y GC License (myfloridalicense.gov)Y Y Y Y Y YADDENDAYYYYYYYYYYYYYAmended 9/19 Y Y Y Y YYYYYYYYYYYYYYYYYYYNew Port Richey Fort Myers Pompano Beach Lakewood Ranch Naples NaplesPascoLeeBrowardSarasotaCollierFLOpened By: Jim Flanagan Witnessed By: Barbara LanceBID SCHEDULE, Completed and correct Bid Response Form (Form 1) Exhibit N - Contractors Key Personnel (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)Strategist to Confirm Registration with Florida DOS on-lineStrategist to Confirm License on-line w/DPBR Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Collier County Business Tax Receipt (if applicable) Addendum No 1 Addendum No 2Strategist to Confirm Bonding and Insurance RequirementsStrategist to Confrm all forms completed and signedPlace of Business:County:16.C.2.bPacket Pg. 926 Attachment: 20-7764 DELORA NCWRF Aeration Basin 5 & 6 Diffuser System Replacement (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7764 Reference Check by: Erik Mead Solicitation Title: NCWRF Aeration Basin 5&6 Diffuser System Replacement Date: 6-18-2020 Bidder’s Name: U.S. Water Phone: 239.254.2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: WWTF No 2 Aeration Improvements Project Location: 137 Skyline Dr. Lady Lake, FL 32159 Project Description: *Construction of a centrifugal blower, the relocation of an existing centrifugal blower, the rehabilitation of the concrete work in the existing influent structure and associated piping, sitework, and electrical work. Completion Date: June 242, 2017 Contract Value: $566,460.99 Project Owner/Title: Town of Lady Lake: C.T. Eagle Sr. / PW Director Owner’s Address: 136 Skyline Drive Lady Lake, FL 32159 Phone: 352.751.1526 Owner’s Contact Person: C.T. Eagle Sr. E-Mail: Cteagle@ladylakepw.org 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, process performed satisfactorily. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, there were change orders, but they were handled efficiently and up to the satisfaction of the Owner. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Yes, all warranty issues were resolved timely and performed satisfactorily. 7. Additional comments: Long lead times on equipment but was no fault of the Contractor. Owner would use this Contractor again. 16.C.2.b Packet Pg. 927 Attachment: 20-7764 DELORA NCWRF Aeration Basin 5 & 6 Diffuser System Replacement (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7764 Reference Check by: Erik Mead Solicitation Title: NCWRF Aeration Basin 5&6 Diffuser System Replacement Date: 6-18-2020 Bidder’s Name: U.S. Water Phone: 239.254.2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: Pine Island WWTP Effluent Pump Station Replacement Project Location: 6090 Masters Landing Drive St. James, FL 33956 Project Description: *Replacement of the effluent pump station. The effluent pump station consists of an 8- foot diameter wet well approximately 15-feet deep, with (3) vertical turbine pumps and above ground piping and controls. The above ground portion consists of a concrete slab that is approximately 17-feet long by 10-feet wide with a steel I-beam and steel plate system, used to support the pumps and piping. *Including modifications to the wet well concrete lid configuration, include construction on new discharge piping, (3) new submersible pumps, changes to the chlorine dosing system, including modifying the chlorine disinfection system from a constant feed rate to a variable feed system to be paced with the actual plant flow rate and other ancillary improvements. Completion Date: May 28, 2019 Contract Value: $437,159.59 Project Owner/Title: Lee County BOCC: Elaine Capps / P.E. Owner’s Address: 1500 Monroe Street Fort Myers, FL 33901 Phone: 239.553.8505 Owner’s Contact Person: Elaine Capps E-Mail: Ecapps@leegov.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, Contractor suggested an alternative which saved time and money for the owner. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, there were changes suggested by the Contractor that saved time and provided less impact on the plant. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Yes, the Contractor was able to respond and resolve issues up to the satisfaction of the Owner. 16.C.2.b Packet Pg. 928 Attachment: 20-7764 DELORA NCWRF Aeration Basin 5 & 6 Diffuser System Replacement (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) 7. Additional comments: None 16.C.2.b Packet Pg. 929 Attachment: 20-7764 DELORA NCWRF Aeration Basin 5 & 6 Diffuser System Replacement (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7764 Reference Check by: Erik Mead Solicitation Title: NCWRF Aeration Basin 5&6 Diffuser System Replacement Date: 6-24-2020 Bidder’s Name: U.S. Water Phone: 239.254.2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: Seven Springs Wastewater Facility Improvements Project Location: 2850 Seven Springs Blvd New Port Richey, FL 34665 Project Description: *Master Lift Station: Install air conditioner in control panel and replace pump VFDs. *South Train Phase I Tanks Improvements: F&I a coarse bubble diffuser system, including air piping from blower room. F&I sludge pump-out piping. Furnish and install telescoping valves and decant piping. *South Train Phase II Tanks Improvements: Replace clarifier drive and supports. F&I fine bubble diffuser system. F&I RAS/WAS pumps and piping. F&I influent magnetic flow meter, including piping modifications. *Filter Replacement: F&I two (2) disc filters. Demolish existing steel and traveling hood filters. *Aeration Blowers Replacement and Piping Modifications: Install two (2) 150-HP Turbo Blowers in the north train blower room. Install two (2) 75-HP Turbo Blowers in the south blower room. Relocate one (1) 150-HP centrifugal blower from north train blower room to south train blower room. *Intermediate Pump Station Gravity Line: F&I gravity line from intermediate pump station to the existing reject bag. Completion Date: June 25, 2019 Contract Value: $2,105,951.68 Project Owner/Title: Florida Governmental Utility Authority: Robert Dickson/ P.E., CPM Owner’s Address: 280 Wekiva Springs Rd. Suite 2070 Longwood, FL 32779 Phone: 407.629.6900 Owner’s Contact Person: Robert Dickson E-Mail: rdickson@govmserv.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, process ran smoothly. Changes made by the Owner and were implemented timely by the Contractor. 16.C.2.b Packet Pg. 930 Attachment: 20-7764 DELORA NCWRF Aeration Basin 5 & 6 Diffuser System Replacement (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Yes, and were responded to and performed to the Owner’s expectations. 7. Additional comments: Would definitely use US Water again. 16.C.2.b Packet Pg. 931 Attachment: 20-7764 DELORA NCWRF Aeration Basin 5 & 6 Diffuser System Replacement (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7764 Reference Check by: Erik Mead Solicitation Title: NCWRF Aeration Basin 5&6 Diffuser System Replacement Date: 6-22-2020 Bidder’s Name: U.S. Water Phone: 239.254.2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: WWTF Capacity Improvements Phase I Project Location: Wildwood, FL Project Description: *Construction of a bypass and concrete overflow weir for the existing tertiary filter including, but not limited to, construction of structural modifications, ductile iron pipe, fittings, valves, motorized actuators, electrical, instrumentation, and SCADA modifications *Construction of a bypass for the existing head works including, but not limited to, construction of pipes, fittings, valves, electric motor actuators, electrical, instrumentation, and SCADA modifications. *Construction of an interconnection and by-pass from the City of Wildwood WWTF Reclaimed Water Main to the North Sumter Utilities pipeline including, but not limited to, construction of 12” PVC pipe, fittings, valves, motorized actuators, flow meter, electrical, instrumentation, and SCADA modifications. Completion Date: January 27, 2020 Contract Value: $913,917.36 Project Owner/Title: City of Wildwood: Mark O’Dell / Utilities Director Owner’s Address: 100 North Main Street Wildwood, FL 34785 Phone: 352.330.1346 Owner’s Contact Person: Mark O’Dell E-Mail: modell@wildwood- fl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, 2 change orders, No.1 additional 80 days due to unexpected lead time on equipment, No. 2 added one 16” gate valve, and no fault to the contractor, the City decided to add during construction. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? 16.C.2.b Packet Pg. 932 Attachment: 20-7764 DELORA NCWRF Aeration Basin 5 & 6 Diffuser System Replacement (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) Yes, but was handled in a timely manner and up to the City’s expectation. 7. Additional comments: They did great work, took care of any items of issue at close out, repaired/replaced items under warranty, as necessary. I would use them again. 16.C.2.b Packet Pg. 933 Attachment: 20-7764 DELORA NCWRF Aeration Basin 5 & 6 Diffuser System Replacement (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) Notice of Recommended Award Solicitation: 20-7764 Title: NCWRF Aeration Basin 5&6 Diffuser System Replacement Due Date and Time: June 8, 2020 @ 3:00 pm Respondents: Company Name City County ST Total Bid Price Responsive/ Responsible US Water Services Corporation New Port Richey Pasco FL $610,915.05 Y/Y PWC Joint Venture LLC Fort Myers FL FL $656,000.00 Y/Y Intercounty Engineering, Inc Pompano Beach Broward FL $673,302.08 Y/Y Bearing Point Construction, Inc Lakewood Ranch Sarasota FL $697,311.00 Y/Y Mitchell & Stark Construction Co, Inc Naples Collier FL $698,639.00 Y/Y Douglas N. Higgins, Inc Naples Collier FL $1,366,800.00 Y/Y Utilized Local Vendor Preference: Yes No N/A On May 6, 2020, the Procurement Services Division posted Invitation to Bid 20-7764 for construction of NCWRF Aeration Basin 5&6 Diffuser System Replacement. The County issued 27,369 notices and ninety-seven (97) bid packages were viewed. On June 8, 2020 the County received six (6) bid responses as summarized above. Staff reviewed the bids received and determined that US Water Services Corporation is the lowest responsive and responsible bidder. Staff therefore recommends that the contract be awarded to US Water Services Corporation, the lowest responsive and responsible bidder, for a total contract amount of $610,915.05. Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: BF5E0FF2-E505-4782-891D-A73DE05DD488 6/26/2020 6/26/2020 6/29/2020 16.C.2.c Packet Pg. 934 Attachment: 20-7764 - NORA - Executed (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE A A PHUB701647 EXCESS OF CGL, AUTO LIABILITY & EMPLOYERS LIABILITY 11/30/19 11/30/20 07/08/2020 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, OR, BOARD OF COUNTY COMMISSIONERS IN COLLIER COUNTY, OR, COLLIER COUNTY GOVERNMENT, OR COLLIER COUNTY ARE INCLUDED AS ADDITIONAL INSURED UNDER THE CAPTIONED COMMERCIAL GENERAL LIABILITY POLICY ON A PRIMARY AND NON-CONTRIBUTORY BASIS IF AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. RE: PROJECT NO. 20-7764 NCWRF AERATION BASIN 5&6 DIFFUSER SYSTEM REPLACEMENT PHPK2065102 11/30/19 11/30/20 10,000 10,000,000 10,000,000 1,000,000 1,000,000 1,000,000 3,000,000 3,000,000 X X COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL EAST NAPLES FL 34112 U.S WATER SERVICES CORPORATION 4939 CROSS BAYOU BOULEVARD NEW PORT RICHEY, FL 34652 X X PHILADELPHIA INDEMNITY INS. CO. LOUIS MORRISON LOUIS J. MORRISON C & C CONSULTANTS P O BOX 701340 ST CLOUD, FL 34770-1340 18058 X X LOU MORRISON 888-494-9844 407-809-5283 HALMORRISON@HOTMAIL.COM 16.C.2.d Packet Pg. 935 Attachment: 20-7764 USwater_Insurance 7-15-20 (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Great American Alliance Insurance Co. Philadelphia Indemnity Insurance Co. 7/08/2020 McGriff Insurance Services 12485 -28th Street North Saint Petersburg, Fl 33716 727 327-7070 Tricia Byrne 813 682-1510 888-632-8459 U S Water Services Corporation 4939 Cross Bayou Blvd New Port Richey, FL 34652-3434 26832 18058 B X XX X PHPK2066555 11/30/2019 11/30/2020 1,000,000 A N WCE54616200 10/31/2019 10/31/2020 X 1,000,000 1,000,000 1,000,000 Project: 20-7764 NCWRF Aeration Basin 5&6 Diffuser System Replacement Collier County Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as an additional insured under the captioned Commercial Automobile Liability Policy on a primary and non-contributory basis if and to the extend required by written contract. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 1 of 1#S26133421/M24721709 69USWATClient#: 1922268 PBYRN1 of 1#S26133421/M24721709 16.C.2.d Packet Pg. 936 Attachment: 20-7764 USwater_Insurance 7-15-20 (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) This page has been left blank intentionally. 16.C.2.d Packet Pg. 937 Attachment: 20-7764 USwater_Insurance 7-15-20 (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) NCWRF Aeration Basins 5 & 6 Diffuser System Replacement Public Utilities Department July 14, 2020 Agenda Item 16C Collier County | Florida 16.C.2.f Packet Pg. 938 Attachment: PowerPoint Sept 8 2020 (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) Objectives u To repair and/or replace the diffusers, piping, and supports in Aeration Basins 5 & 6. u To restore reliability, sustainability, and compliance to better serve our wastewater customers. Public Utilities Department 2 16.C.2.f Packet Pg. 939 Attachment: PowerPoint Sept 8 2020 (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) Project Location 3Public Utilities Department 16.C.2.f Packet Pg. 940 Attachment: PowerPoint Sept 8 2020 (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) Results u Renewed asset life u Increased system reliability u Sustainability u Compliance with permit requirement 6Public Utilities Department 16.C.2.f Packet Pg. 941 Attachment: PowerPoint Sept 8 2020 (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) Recommendation u Recommendation to award Invitation to Bid No. 20-7764, “North County Water Reclamation Facility (NCWRF) Aeration Basins 5&6 Diffuser System Replacement”, to U.S. Water Services Corporation, in the amount of $610,915.05, authorize the Chairman to sign the attached agreement (Project Number 70148). 7Public Utilities Department 16.C.2.f Packet Pg. 942 Attachment: PowerPoint Sept 8 2020 (12841 : NCWRF Aeration Basins 5 & 6 Diffusers) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with U.S. Water Services Corporation ("Contractor") of 4939 Cross Bayou Boulevard, New Port Richey, FL 34652, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with North County Water Reclamation Facility (NCWRF) Aeration Basin 5&6 Diffuser System Replacement, Invitation to Bid No. #20=7764 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Hole Montes, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the Agreement and sometimes as the 'Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Six Hundred Ten Thousand Nine Hundred Fifteen Dollars and Five Cents ($610,915.05)a Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www fms treas qov/c570/c570.html#certified. Should the Contract Amount be less 1 Construction Services Agreement: Revised 072118 (v6) than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Three Hundred (300) 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 Ninety (90) 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, One Thousand Six Hundred and Ninety Dollars ($1,690.00) 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 2 Construction Services Agreement: Revised 072118 (v8) �`,���; 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. p. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 20-7764 "North County Water Reclamation Facility (NCWRF) Aeration Basin 5&6 Diffuser System Replacement. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit 13-1: Payment Bond Forms ❑ Not Applicable Exhibit 13-2: Performance Bond Forms ❑ Not Applicable Exhibit 13-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Construction Services Agreement: Revised 072118 (v6) 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 ❑X Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 20=7764 "North County Water Reclamation Facility (NCWRF) Aeration Basin 5&6 Diffuser System Replacement. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: htt.,ps://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box (®)expressly apply to the terms of this Agreement and are available through the County Is on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by Hole Montes, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering &Project Management Division 3339 Tamiami Trail East, Suite 303 Naples, Florida 34112 Attn: Peter Schalt, Senior Project Manager Phone: (239) 252-5343 Email: Peter. Schalt(a7colliercount fl 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: U.S. Water Services Corporation 4939 Cross Bayou Boulevard New Port Richey, FL 34652 Attn: Edward Mitchell, Vice President Phone: (727) 848 -8292, Ext. 222 Email: Ccregoguswatercorp.net 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. Construction Services Agreement: Revised 072118 (v6) _eu. 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 bou nd by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 CAO Construction Services Agreement: Revised 072118 (v6) 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 f on s contra proferentum" (pursuant to which ambiguities in a contractual term which appears 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. 6 Construction Services Agreement: Revised 072118 (v6) t IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. %% a ,%erVi(;QS+ Sri CONTRACTOR: TWO WITNESSES: &r ) 41A YD FIRST WITNESS Nadine Ward Print Name S h k!"2ND MESS Christina Cr, e90 Print Name Date: ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller BY: Approved as to Form and Legality: Assistant County Attorney Print Name U.S. Water Services Corporation - 2003 - 0R10 . , By: �r1011411++++ Edward Mitchell July 2020 Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Burt L. Saunders, Chairman 7 �] Construction Services Agreement: Revised 072118 (v6) CAO EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: Revised 072118 (v6) �'q� Solicitation No: 20-7770 Solicitation Title: NCWRF Aeration Basin 5&6 Diffuser System Replacement Bid Due Date: June 8, 2020 @ 3:00 pm BID SCHEDULE AERATION BASINS 5 & 6 DIFFUSER SYSTEM REPLACEMENT NORTH COUNTY WATER RECLAMATION FACILITY COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT BIDDER: U.S. WaterServices Corporation Estimated Cost Per Unit Total Item No. Description Units Quantity Mobilization/Demobilization (Not Lump Sum 1 $47,772.00 $47,772.00 1 to Exceed 10% of Total Bid Amount) Furnish and install Sanitaire®diffuser systems including diffuser grids, Lump Sum 1 $498,143.05 $498114105 2 piping, and appurtanences as described in the Bid Doucments. Tradework Subtotal - Items 1-2 $545,915905 3 Owner's Allowance** T&M 1 $0.00 $65,000400 TOTAL BID PRICE TRADWEWORK SUBTOTAL + OWNERS ALLOWANCE $610,915.05 "(�wrrersr l�iiarva€�r.e •far C3avners Use ��s C7irecteri, this f�iiati=�esicez ui31 1�e usad on4y at thL Owner's direction to accomplish work duo to unforeseen C.TS witions 3ndf tar Ss directed by the Ow1jar. 1r7cEri:>4on of the Allowance as hart of the Contract price is not e gutsrantee that the C orrtractor will he p<rid aoy portion or the full rsnsomlt of the, Allow) ioc.e, rxpeuditures of Owners Pilo vance omit ho grade through Change Urder with pro}ae.r d0cu mI)tation of inle and M(Iterials supporting the change:` EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revised 072118 (v6) At Y Admini5irativa Ser�ir�s (?i�:.aon Procurernent Services Date: May 18, 2020 Email: Jim.Flanagan@colliercountyfl.gov Telephone: 239.252.8946 ADDENDUM # 1 I+rom: Jim Flanagan, Procurement Manager To: Interested Bidders Subject: Addendum # 1 — 20-7764 NCWRF Aeration Basin 5&6 Diffuser System Replacement This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: ADDITIUN: 1. NOTICE: BID OPENING CHANGE OF VENUE: Bid Opening on Jun 8, 2020 @ 3:00 pm will be held in -person at Procurement Services Conference Room A, 3295 Tamiami Trail East, Naples FL 34112, and will not be accessible on Procurement Bridge phone. Social Distancing practices and precautions relative to the COVIDA9 pandemic will be imposed during this Public meeting. 2. Bidders are reminded to provide all required bid forms and attachments. Reference Bidders Checklist provided in the Solicitation document if you require additional information please post a question on our Bid Sync (wwtiv.bidsyr�c.com bidding platform under the solicitation for this project. Please sign belo and return a copy of this Addendum with your submittal for the above referenced solicitatio (Signature) Edward ice U.S. Water Services Corporation (Name of Finn) 4939 Cross Bayou Blvd., New Port Richey FL 34652 State of Incorporation: Florida rune s, ao2o Date o° coulvav Administrative Services DAsion Procurement Services Date: June 02, 2020 Email: Jim.Flanagan@colliercountyfl.gov Telephone: 239.252.8946 ADDENDUM # 2 From: Jim Flanagan, Procurement Manager To; Interested Bidders Subject: Addendum # 2 — 20-7764 NCWRF Aeration Basin 5&6 Diffuser System Replacement This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: ADDITION: 1. CLAEtIFiCATIC?N: ALL BIDS SHALL BE SUBMITTED ON BI175YNC. No paper bids will be accepted. All bids to be submitted Electronically on BidSync. The bids will be opened on-line in BidSync, and if people desire to attend the Bid Opening meeting where bids will be electronically opened on BidSync, the meeting will be at Collier County Procurement Services Conference Room A, 3295 Tamiami Trail East, Naples FL at 3:00 pm June 8, 2020. As access via phone bridge will NOT be available. AGAIN: ALL BIDS SHALL BE SUBMITTED ON-LINE ON BIDSYNC. 2. 20-7764 — Addendum #2 - Membrane Disc Fine Bubble AB 56 Sanitaire, in response to a bidder question asked on BidSync. Please refer to Bidder Questions and Answers. 3. 204764 — Addendum #2 Pre -bid Meeting Minutes and Sign -in Sheet 4. 20-7764 — Addendum #2 - Consolidated Bid Questions and Answers, attached. 5. Bidders are reminded to provide all required bid forms and attachments when submitting their bid. Reference Bidders Cheeldist provided in the Solicitation document If you require additional information please post a question an our Bid Sync (www btdsync•c�n� bidding platform under the solicitation for this project. Please sign below and return a copy o this Addendum with your submittal for the above referenced solicitation. j ,4 / President 4939 Cross Bayou Blvd., New Port Richey FL 34652 State of Incorporation: Florida june 8, 2020 Date Director, Procurement Services Division FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NCWRF Aeration Basin 5&6 Diffuser System Replacement BID NO* 204764 Full Name of Bidder U.S. Water Services Corporation Main Business Address 4939 Cross Bayou Boulevard New Port Richey FL 34652 Place of Business Same as above Telephone No. (727) 848 8292 Fax No. (727) 849 8860 State Contractor's License # CUC1223914 / CGC003307 State of Florida Certificate of Authority Document Number 9754 Federal Tax Identification DUNS # 13-637-8846 20-0008821 CCR# Cage Code To: BOARD OF COUNTY COi�fIvIISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal paints will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (l0) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Construction Solicitaflon Doc rev 02-21-20 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 Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Three Hundred (300) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within ninety (90) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Title: Edward Mitchell, Vice President 4939 Cross Bayou Blv ., New Port Richey rL State of Incorporation: Florida Date: June $ 2020 Construction Solicitation Doc rev 02-21-20 FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT NCWRF Aeration Basin 5&6 Diffuser System Replacement Bid No. 204764 Name Travis Ruble Jacob Ingram Consfruction Solicitation Doc rsv 02-21-20 Fersonnel Catesory Construction Superintendent Project Manager FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, 1 confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: U.�.�Water Services Edward Mitchell, Vice President 4939 Cross Bayou Blvd., New Port Richey FL State Sooragol: Floridaection B (Exception requeste0o c�pect►cations manufacturers cturers and materials) EXCEPTION MATERIAL t. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Construction Solicitation Doc rev 02-2?-20 Date: June g. 2020 EXCEPTION MANUFACTURER Date FORM 4 - LIST OF MAJOR SUBCONTRACTORS TAIS LIST MUST BE COMPLETED OR BID MAY IIE 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 201748 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 requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical N/A 2. Mechanical N/A 3. Plumbing A 4. Site Work NZA 5. Identify other subcontractors N/A that represent more than 10% of price or that affect the critical ath of the schedule Company: U. Water Date:June 8, 2020 Edward Mitchell, Vice President 4939 Cross Bayou Blvd., New Port Richey FI.. State of Incorporation: Florida Construction Solicitallon Doc rev 02-21-20 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last We (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. WWTF Capacity Improvements Fhase I (project name) Wildwood, Florida _. __. (project location) WWTF Improvements (project description) 1to, 2/2019 - 1/27/2020 � 913,917.36 (project start/completion dates) (contract value) ?, Seven Springs Wastewater Facility Improvements (project name) 2850 Seven Springs Blvd., New Port Richey FL 34655 (project location) WWTF Improvements (Details on next (project description) 11/10/2017 - 6/25/2019 $25105,951.68 (project start/completion dates) (contract value) City of W ildwood (project owner) 100 North Main Street Wildwood FL 34785 3, Pine Island WWTP Effluent Pump Station Replacement _____ (project name) 6090 Masters Landing Drive, St. James, FL 33956 (project location) Effluent Pump Station Replacement (project description) 10/15/2018 - 5/28/2019 ... $ 4371159,59 (project staWcompletion dates) (contract value) Consfrucfion Solicifafian Doc rev 02-21-20 {Owner's address) Mark O'Dell Utilities Director (Owner's contact person) (title) 352 330 1346 modell(a)wildwood-fl.gov (phone) (email) Florida Governmental [Jtility Authority pro eet owner) 280i Wekiva SpringsSuite 2070 Lon wood FL 32779 (Owner's address) Rnherl:_Inicicscart (Owner's contact person) (title} 407 629 6900 rdickson@govmserv.com (phone) (email) Lee County BOCC ___ (project owner) 1500 Monroe Street Fort Myers FL 33901 (Owner's address) Elaine Capps P.E. (Owner's contact person) (title) 239 553 8673 ecapps(PIeegov.eom (phone) (email) Additional Reference Information Reference No. I WWTF Capacity Improvements - * Construction of a bypass and concrete overflow weir for the existing tertiary filter including, but not limited to, construction of structural modifications, ductile iron pipe, fittings, valves, motorized actuators, electrical, instrumentation, and SCADA modifications. * Construction of a bypass for the existing head works including, but not limited to, construction of pipes, fittings, valves, electric motor actuators, electrical, instrumentation, and SCADA modifications. * Construction of an interconnection and by-pass from the City of Wildwood WWTF Reclaimed Water Main to the North Sumter Utilities pipeline including, but not limited to, construction of 12" PVC pipe, fittings, valves, motorized actuators, flow meter, electrical, instrumentation, and SCADA modifications. Reference No. 2. Seven Springs Wastewater Treatment Facility Improvements - * Master Lift Station: Install air conditioner in control panel and replace pump VFDs. * South Train Phase I Tanks Improvements: F&I a coarse bubble diffuser system, inc udpingg d dair piping from blower room. F&I sludge pump -out piping. Furnish and install telescoping valves and i in * South Train Phase I1 Tanks Improvements: Replace clarifier drive and supports. p&Igfine bubble diffuser system. F&I RAS/WAS pumps and piping. F&I influent magnetic flow meter, ineludm i in modifications. * Filter Replacement: F&I two (2) disc filters. Demolish existing steel and traveling hood filters. * Aeration Blowers Replacement and Piping Modifications: Install two (2) 150-HP Turbo Blowers in the north train blower room. Install two (2) 75-HP Turbo Blowers in the south blower room. Relocate one (1) 150-11P centrifugal blower from north train blower room to south train blower room. * Intermediate Pump Station Gravity Line: F&I gravity line from intermediate pump station to the existing reject bag. Reference No. 3 Pine Island WWI Effluent Pump Station Replacement - * Replacement of the effluent pump station. The effluent pump station consists of an 8-foot diameter wet well approximately 154eet deep, with (3) vertical turbine pumps and above ground piping and controls. The above ground portion consists of a concrete slab that is approximately 174eet long by I0-feet wide with a steel I-beam and steal plate system, used to support the pumps and piping. * Including modifications to the wet well concrete lid configuration, include gconstruction on new discharge piping, ssnew tem from submersible constant feed rate changes a variable feed systemgto be paced with the actual plant flothe wa eeanidiotherlon ancillary Improvements. FORM 5 w STATEMENT OF EXPERIENCE OF BIDDER 4' WWTF No 2 Aeration Improvements Town of Lady Lake (project name) (project owner) 137 Skyline Dr., Lady Lake FL 32159 136 Skyline Drive., Lady Lake FL 32159 (project location) (Owner's address) WWTF Imp (Details below*) C.T. Eagle Sr. PW Director_ (project description) (Owner's contact person) (title) 6/22/2016424/2017 $ 566,460.99 352 751 1526 cteagle@ladylakepw.org (project completion date) ` (contract value) (phone) (email) *Construction of a centrifugal blower, the relocation of an existing centrifugal blower, the rehabilitation of the concrete work in the existing influent structure and associated piping, sitework, and electrical work. 5. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project completion date) (contract value) (phone) (email) (project name} (project location) (project description) (project completion date} Company:Wat*t-_S (contract value) (project owner) (Owner's address) (Owner's contact person) (phone) (email) Edward Mitchell, Vice President 4939 Crass Bayou Blvd., New Port Richey FL State of Incorporation: Florida Construction Soticitafion Doc rev Q2-21-20 (title) Date:7une $, 2020 FORM 6 -TRENCH 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 Measure (Descriationl � , Trench Box �, Shoring 3. 4. 5. Units of Measure LF SY LF SY Unit Unit Extended Cost uanti Cost 100 50.00 5,000.00 50 100.00 5,000.00 TOTAL $ 10,000.00 Failure to complete the above may result in the Bid being declared non- responsive. Company: U Signatttre: ater Services 4939 Cross Bayou Blvd., New Port Richey FL State of Incorporation: Florida Construction Solicitation Doc rev 02-21-20 Date: June $, 202Q FORM 7 - BID BOND KNOW ALI, MEN BY THESE PRESENTS, that we U_S_Wa_ter Services Corporation (herein after called the W Principal) and North American Specialty Insurance Company , (herein called the Surety), a corporation chartered and existing tinder the laws of the State of New Hampshire with its principal offices in the city of Kansas City, MO and authorized to do business in the State of Florida are held and firmly bound unto the _Collier County Board of County Commissioners _ (hereinafter called the Owner), in the full and just sum of ***FIVE PERCENT OF AMOUNT' BID *** dollars ($i 5% ___) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to famish, install, and fully complete the Work on the Project known as Bid No. 204764 NCWRF Aeration Basin 5&6 Diffuser System Replacement . NOW, TI�REFORE, if the Owner shall accept the Bid of the PRINCLPAL 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 ContractDoeuments with good and sufficient surety for the faithful performance ofthe Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL, shall pay to the OBLIGEE the fixed sum of $ 5% of Bid 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�sn `�'e�� $th day of June 2020 �.` CAS` '. �M:c,��o,c�y :o= U. Water Services C orat• _'i•inerp' jt. a "'`ORO BY OR,Q3 : $O; R N North American Specialty nce Com an Surety )h NO ,yr (Seal} Allvssonn Foss W i a, Attornev,in- ci, & FL Acensed Resident Agent Countersigned Allvson F ss Winer, Attorney -in- act & FL Licensed Resident Agent Appointed Producing Agent for , North American Specialty Insurance Company Inquiries: (407) 834-0022 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company it corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: J.W. GUIGNARD, $RYCE R. GUIGNARD, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L, HINDLEY, MARGIE L. MORR15, DEEORAH ANN MURRAY, M. GARY FRANCIS, CHRISTINE MORTON, KELLY PHELAN and ALLYSON FOSS WINO JOINTLY OR SEVERALLY Its true and lawful Attolney(sj-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by [aw, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. ONE HhNDRED TWENTY FIVE MILLION ($125,0001000.00) DOLLARS This Power of Attorney is granted and is signed by Facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 201 L '`RESOLVED, that any rivo of the President, any Senior Vice President, any Vice President, any Assistant Vice President; the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FUR"fHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached:' SFAL 7873 SBeyln Ps Anderson, Senior Vice rests a on International infuramo Company &. Senior Vim President orNorth American Specialty Insurance Company & Senior Vise President orwestport Laurance Corporation By -ell( / Mike A. Ito, Senior Vice President of Washington international Insurance Company & senior vice President OFNorth American Specialty [nsuranrr Company & Senior Via President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereultto affixed, and these presents to be signed by their authorized officers this this 21st day of OCTOBER 20 19 . State of Illinois County of Cook On this 21 st. day of North American Specialty Insurance Company Washington International Insurance Cnmpany R'estport Insurance Corporation ss: OCTOBER , 20 19. before me, a Notary Public personally appeared Steven P. Anderson ,Senior Vice President of Washington Internationa l Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies, OFFICIAL SEAL. M.KEHNY JN Nomy public- State of lllftmb My Comm&sion rxpires PublictM412021to t ' M. Kenny, Notary I, Jetii•ey Goldberg ,the duly elected Vice President and Assistant Secretary of North Amerman Specialty insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a tree and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington international Insurance Company acid Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 8th day of � June �. 20?0 Jeffrey Goldberg, Vice President & Assinazrt So.,twyof Washington International Insurance Company & North American Specialty insurance Company & Vice President & Assistant Secretary of Westport lnsmance Corpom6on FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify' For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coveragef s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coveragejsl and charge the Vendor for such coverage�s,Z purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coveragefs) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageos) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 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 Ceirtiticate 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 hi-t sllilpps.,11dr% com/bocexeu�tl 2. ®Employer's Liability $i,000,000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and 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 Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ®Automobile Liability 6. ❑ Other insurance as noted: $1,000,000 F,ach Occurrence; Bodily Injury & Property Damage, Owned/Non-ownewll. red; Automobile included ❑ 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 (zones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not Less than $5,O00,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ ____Per Occurrence ❑ Technology Errors &Omissions $ Per Occurrence 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. $, ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award, The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9, ®Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "A.DDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. I1. ® 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, 0 On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ®Ttrirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed er the interests of Collier County as well as the Contractor. necessary. Such coverage shall be endorsed to cov Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk insurance will be addressed by the Collier County Risk Management Division. 5/1/20 - CC Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Z;Ofhew Cd3%int y Administrative Services Department procurement Services Division FORM 9 -CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated not 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: l . All documents produced as a result of the work completed in the pastor currently being worked on for the above - mentioned project; and, 2. was obtained as a matter of public record (in the "sunshine") or through non - Indicate if the information produced public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced prcject(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. U.S. Water Services Corporation Name Srgnatu Edward Mitchell, Vice President Print Name and Title state of FLORIDA 4939 Cross Bayou Blvd., New Port Richey FL --- - - State of Incorporation: Florida County of. PASCO -_ 'The foregoing instrument was acknowledged before me by means of X physical presence or ❑online notarization, 8th dof Jttne_ (month), 2020 (year), by Edward Mitchell (name this ay of person acknowledging). _ (Signature of Notary Public - to of Florida) k7 Christina R. Cre , GG062136 Personally Known OR Produced Identification Type of Identii-ication Produced (Print, Type, or Stamp Commissioned Name of CHRIS7INA R. CREGQ "�V "'��'' Notary Pubbc - Stato of Florida Commission # GG 062136 � F •- a\' My Comm. Expires Jan 12, 2021 Bontletl through National Notary Assn. Administrative Services Dopariment procurement Services Division FORM 10 - VENDOR DECLARATION STATEMENT BOARD OF COI.TNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. $th da of_____June 2o20in IN WITNESS WHEREOF, WE have hereunto subscribed our names on this Y the County of PASCO in the State of FLORIDA Firm's Legal U.S. Water Services Corporation liiiiiiiiiiiiiiii MEN Name: Address: 4939 Cross Bayou Boulevard City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email; Signature by: (Typed and written) Title: New Port Richey FL 34652 COA # 9754 / FEIN 2M008821 / DUNS #13-637-8846 CUC1223914 - Gary Deremer, Underground Utility & Excavation CGCO03307 - Cecil Delcher - General Contractor 727 848 8292 Ext 222 Edward Mitchell, Vice President Additional Contact Information send payments to: U.S. Water Services Corporation (required if different Company name used as payee from above) Contact name: Title: Attention: Accounts Receivable Address: 4939 Cross Bayou Blvd City, State, ZIP New Port Richey FL 34652 Telephone: 727 848 8292 Ext 219 mail: asites@uswatercorp.net E Office servicing Collier Same as above County to place orders (required if different from above) Contact name: Title: Address: City; State, ZIP Telephone: Email; Secondary Contact for Edward Mitchell this Solicitation: Email: Emitchell@uswatercorp.net Phone: 727 848 8292 ext 221 0 ll U-PAY Administrative Services Depidrwnt Procurement Seriices Oivislon FORM lI - IMMiCRATION AFFIDAVTr CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed &Verify Company Profile page or a copy of the fully executed &Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR 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 INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with Lite 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 bid. State of FLORIDA County of PASCO U.S. Water Services Corporation C pan Name Signature Edward Mitchell, Vice President Print Name and Title 4939 Cross Bayou Blvd., New Port Richey FL State of lncotporation: Florida Tire foregoing instrument was acknowledged before me by means of I�Cphysical presence or � onIine notarization, this __8th __ day of June __ (month), 2020 (year}, by Edward Mitchell (name of person acknowledging). C (Signature of Notary P tic - State of Florida) Christina R. rego GG062136 Personally Known R Produced Identification Type of Identification Produced (Print, Type, or Stamp Commissioned Name of Notary Public) ,i,a,,,,, CNR{51'INA R. f,Rf_GC r}� „� �, ^ Notary Public • S1alc o(flortda ,t` riry � .a Commission # GG t)82t36 v F`. My Comm. Expires Jan 12 2t12t ;p;,,;°`' bonded through National Nr tirY Assn• FORM 12 - 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, etco have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE 1. Signed should ber ncl included with youa ubmittal Assurance Package forms rmust ben its rexecut d, orrety, if applicable, you MAY be DEEMED NON -RESPONSIVE 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses — valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. and acknowledgement form attached and included, or you MAY be 11. Any addenda have been signed DEEMED NON.RESPONSIVE. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. TIN, W®9 Request for Taxpayer Give Form to the erm Rev.October 2018) Identification Number and Certification requester. Do not )apartment ofthe Treasury send to the IRS, ntemal Revenue Service No Go to wwv*r,1mgov1FormW9 for instruotions and the latest Information, 1 Natne (as shown on your income tax return). Name Is required on this line; do not leave this line blank. U.S. Water Services Corporation 2 Business name/disregarded entity name, if different from above _ m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1, Check only one of the 4 Exemptions (codes apply only to 01 following seven boxes, certain entitles, not individuals; see o ❑ individuaittsole proprietor or C Corporation ❑ S Corporation ❑ Partnership ❑ TrusVestate Instructions on page 3): single member LLC Exempt payee code (if any) y* ❑ Lknited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `d Notes Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC Is coda f(t am') a another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of its owner. d ❑ Other (see instructions)► PWpkes to•aaonts M&IJOad outside the usj m 5 Address (number, street, and apt. or suite no.) See Instructions. Requester's name and address (optional) 4939 Cross Bayou Boulevard _. 6 City, state, and ZIP code New Port Richey, FL 34662 7 List account number(s) here (optional) MOM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number ( However, for later, resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entitles. It Is your emplover identification number (EIN), if you do not have a number, see How to pet a later. or Note: If the account Is in more than one name, see the instructions for line 1. Also see What Name and Employer Identffioatlon number Number To Give the Requester for guidelines on whose number to enter. F`Tj �0 2 0- 0 0 0 8 eT T2, Under penalties of p�rjury,l cert'riy that: 1. The number shown on this form is my correct taxpayer identiticatlon number (or I am waiting for a number to be issued to me}; and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has noted me that I am no longer subject to backup withholding; and 3, I am a U.S. citizen or other U.S, person (defined below); and A. The FATCA code{s} entered on this farm (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to Crackup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, aequlsition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dtvldendsyyou are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. mull � Signatureof Here U.S. person I General instructions Section references are to the Internal Revenue Coda unless otherwise noted. Future developments. For the latest information about developments related to Form W9 and Its Instructions, such as legislation enacted after they were published, go to wwwJre,gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IR5 must obtain your correct taxpayer identification number (TIN) which may be your social security number {SSN), individual taxpayer identification number it I IN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Cat. No, t p231 X Hate P. 02/2$/2019 • Form 1099-DN (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Farm 1099-1C (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Forrn 1099-0 (canceled debt) • Form 1099•A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U,S. person (including a resident alien}, to provide your correct TIN. if you do not return Form W-9 to the requester with a 77N, you might be subject to backup withholding. See What is backup withholding, later, Form W-9 (Rev.10-2018) Company ID Number: 256396 Client Company ID Number: 1113533 THE E-VERIFY MEMORANDUM OF UNDERSTAND[NG FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS), the U.S. Water Services Corporation (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify system: httos://e-verify.uscis.gov/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (11RIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.G. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 1. By enrolling in E-Verify and signing the applicable MOU, the Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations and DHS policies and procedures relating to the use of E-Verify. Page 1 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent 1 Revision Date 06/01113 Company 10 Number: 256396 Client Company Ib Number: 1113533 ITI 2. The Employer agrees to display the following notices supplied by DHS {though the Web Services Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 3. The Employer agrees tc provide to the SSA and bHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about &Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 4. The Employer agrees to 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 Web Services E-Verify Employer Agent, and will be notified by the Web Services E-Verify Employer Agent when a new version of the E-Verify User Manual becomes available, 5. The Employer agrees to comply with current Form (-9 procedures, with two exceptions; a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 8884644218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form (-766 {Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 14 The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note; Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document{s} to complete the Form I-9. 6. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 7. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of Page 2 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision pate 06/01/13 the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form [-9 compliance inspections, as wail as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of :-Verify. 8. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. if E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 9. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 10. The Employer must use E-Verify (through its Web Services E-Verify Employer Agent) for al! new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 11. The Employer agrees to follow appropriate procedures (see Article 111 below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111.13 below) to contact DHS with information necessary to resolve the challenge. 12. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DNS automated Page 3 of 25 E-Verlfy MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued, if the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 13. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274E 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). 14. The Employer agrees that it will use the information it receives from E-Verify (through its Web Services E-Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as Personal Identification Numbers and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 15. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to &Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-4644218 or via email at E-Verify dhs.gov. Please use "Privacy incident — Password" in the subject line of your email when sending a breach report to E-Verify. 16. The Employer acknowledges that the information it receives from SSA through its Web Services Page 4 of 25 E.Verify MOU for Employers Using a Web services E4erify Employer Agent I Revision Date 06101/13 Client Company ID Number: 1113533 E-Verify Employer Agent is governed by the Privacy Act (5 U.S.C. § 552a(i}(1) and {3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 17. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 18. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, orfederally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 19. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification ..Division, without first obtaining the prior written consent of DHS. 20. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS(USCIS (see M-795 tWeb)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 21. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF THE WEB SERVICES E-VERIFY EMPLOYER AGENT 1. The Web Services E-Verify Employer Agent agrees to complete its Web Services interface no later than six months after the date the Web Services User signs this MOU. E-Verify considers your interface to be complete once it has been built pursuant to the Interface Control Agreement (ICA), submitted to E-Verify for testing, and approved for system access. 2. The Web Services E-Verify Employer Agent agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services E-Verify Employer Agents should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DHS and or its assignees. 3. The Web Services E-Verify Employer Agent agrees to provide to SSA and/or DHS the names, titles, addresses, a -mail addresses, and telephone numbers of the Web Services E-Verify Employer Agent representative who will access information, as well as ensure cooperation, communication, and Page 5 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 '„ ■�1�L Company ID Number: 2563g6 Client Company ID Number: 1113533 �gy.IIrt;6� � } I I III coordination with E-Verify. In addition, Web Services E-Verify Employer Agents must provide to SSA and/or DHS the names, titles, addresses, and telephone numbers of its clients and their staff who will access information through E-Verify. Web Services E-Verify Employer Agents must ensure the contact information is updated with SSA and DHS whenever the points of contact change. 4, The Web Services E-Verify Employer Agent agrees to become famar with and comply with the :-Verify User Manual and provide a copy of the most current version of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The Web Services E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 5. The Web Services E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 6. The Web Services E-Verify Employer Agent agrees that any of its representatives who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. a. The Web Services E-Verify Employer Agent agrees that all of its representatives will take the refresher tutorials initiated by E-Verify as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the Web Services E-Verify Employer Agent is a Federal contractor. b. Failure to complete a refresher tutorial will prevent the Web Services E-Verify Employer Agent and Employer from continued use of E-Verify. 7. The Web Services E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The Web Services E-VVI Employer Agent must promptly terminate an employee's E-Verify access if the employee is separated from the company or no longer needs access to E-Verify. 8. The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 10. The Web Services E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as needed. E-Verify is not responsible for providing training to clients of :-Verify Employer Agents. 11. The Web Services E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.2 below. 12. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manuai, the E-Verify Web -Based Tutorial and all other Page 6 of 25 E-Verify MOU for Employers Using a Web Services E-Verlfy Employer Agent I Revision Date 06/01/13 Company ID Number; 256396 Client Company ID Number: 1113533 published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the Web Services E-Verify Employer Agent must use the E-Verify browser during the outage. 13. The Web Services E-Verify Employer Agent agrees to ensure that all notices, referral letters and any other materials otherwise including instructions regarding tentative nonconfirmations, will be consistent with the most current E-Verify tentative nonconfirmation notices and referral letters, which are available on E-Verify's website. 14. The Web Services E-Verify Employer Agent agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the iCA, this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services E-Verify Employer Agent understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services E-Verify Employer Agent's agreement and access with or without notice. 15. When the Web Services E-Verify Employer Agent receives notice from a client company that it has received a con#ract with the FAR clause, then the Web Services E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 16. If data is transmitted between the Web Services E-Verify Employer Agent and its client, then the Web Services E-Verify Employer Agent agrees #o protect personally identifiable information during transmission to and from the Web Services E-Verify Employer Agent. 17. The Web Services E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464- 4218 orvia email at E-Veri#y(cr�,dhs.gov. Please use "Privacy Incident —Password" in the subject line of your email when sending a breach report to E-Verify. 18. The Web Services E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9, employment records, and all records pertaining to the Web Services E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. a. The Web Services E-Verify Employer Agent agrees to cooperate with DHS if DHS requests Page 7 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06101l13 information about the Web Services E-Verify Employer Agent's interface, including requests by DHS to view the actual interface operated by the Web Services E-Verify Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. b. The Web Services E-Verify Employer Agent agrees to demonstrate, if requested by DHS, that it has provided training to its clients that meets E-Verify standards. Training programs must provide a focused study of the topics covered in the E-Verify User Manual and pertinent Supplemental Guides. Furthermore, training programs and materials must be updated as E-Verify changes occur. The Web Services E-Verify Employer Agent is encouraged to incorporate information from existing E-Verify materials, including the Enrollment Quick Reference Guide, the &Verify Employer Agent Client Handbook (formerly known as the Designated Agent Client Handbook), and existing tutorials and manuals into their training program. E-Verify also encourages the Web Services E-Verify Employer Agent to supervise first-time use of the &Verify browser or Web Services interface by its staff and Employer clients as part of any training program. The Web Services E-Verify Employer Agent agrees to submit its training program materials to DHS for review upon request. Failure to provide adequate training could, in some instances, lead to penalties as described in Article V.F.1, of this MOU. 19. The Web Services E-Verify Employer Agent shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Web Services E-Verify Employer Agent shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your Web Services E-Verify Employer Agent services and any claim to that effect is false. 20. The Web Services E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Web Services E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHSIUSCIS (see M-7b)) and, other #han pursuant to the specific 95 (We terms of such license, may not be used in any manner that might imply that the Web Services E-Verify Employer Agent's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Web Services E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Web Services E-Verify Employer Agent shall ensure that the Web Services E-Verify Employer Agent and the Employers it represents carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The Web Services E-Verify Employer Agent should instruct the client to keep the Web Services E-Verify Employer Agent informed about any changes or updates related to federal contracts. It is the Web Services E-Verify Employer Agent's Page 8 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 Company ID Number. zoww Client Company ID Number: 1113533 Stee responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through &Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in &Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working In the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin Page 9 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 Company ID Number: 256396 Client Company ID Number: 1113533 jai E-Verify vercation of all existing employees wn 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employes who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 10 of 25 ENerify MOU for Employers Using a Web Services &Verify Employer Agent I Revision Date 06/01/13 Company ID Number: 256396 Client Company ID Number: 1113533 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact &Verify at 1-8884644218. E. RESPONSIBII.ITiES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immlgration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log into E-Verify. 7. DHS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process, for evaluation of &Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting Page 11 of 25 ENerify MOU for Employers Using a Web Services ENerify Employer Agent I Revision Date 06/01/13 nn'dS1X� Client Company ID Number: 1113533 requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE Ill 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 notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify rovide both the English and the translated notice and letter for case. The Employer also agrees to p employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by ENerify, The Employer must record the case verification number, review the employee information submitted to &Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federa! Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Page 12 of 25 ENerify MOU for Employers Using a Web Services ENerify Employer Agent I Revision Date 06/01/13 ��at s�ii Company ID Number: 256396 Client Company 1D Number: 1113533 Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. Page 13 of 25 E-Verify MOtJ for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 >} a i 1 c YAK Client Company ID Number: i 113533 ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1, SSA and DHS will not charge the Employer or the Web Services E-Verify Employer Agent for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries, To access &Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services E-Verify Employer Agents must comply with federally - mandated information security policies and industry security standards to include but not limited to: a. Public Law 107-347, "E-Government Act of 2002, Title II[, Federal Information Security Management Act (FISMA)," December 2002. b. Office of Management and Budget (OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. c. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology — Security Techniques — Code of Practice for Information Security Management. 2. The Web Services E-Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS in the form of an Interface Control Agreement (ICA). The Web Services E-Verify Employer Agent agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 3. The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. 4. The Web Services E-Verify Employer Agent acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services User of the system update, then the Web Services User's E-Verify account may be suspended, and support for previous releases of E-Verify may no longer be available to the Web Services User. The Web Services E-Verify Employer Agent also acknowledges that DHS may suspend the Web Services User's account after the six-month period has elapsed. 5. The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its Page 14 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 G• - Sib Al h � '1'MTFF Company ID Number, 266396 Client Company ID Number, 1113533 development or software to accommodate and act in a timely fashion should an error code be returned. 6. The Web Services E-Verify Employer Agent agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services E-Verify Employer Agent and DHS. 7. DHS will not reimburse any Web Services E-Verify Employer Agent or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 8. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 9. If the Web Services E-Verify Employer Agent includes an electronic Form I-9 as part of its interface, then it must comply with the standards for electronic retention of Form k9i found in 8 CFR 274a.2(e). B. INF�RMATI�N SECURITY REQUIREMENTS Web Services E-Verify Employer Agents performing verification services underthis MOU must ensure that information that is shared between the Web Services E-Verify Employer Agent and DHS is appropriately protected comparable to the protection provided when the information is within the DHS environment [OMB Circular A-130 Appendix III]. To achieve this level of information security, the Web Services E-Verify Employer Agent agrees to institute the following procedures: 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and the Web Services :-Verify Employer Agent and its clients; 2. Develop policies and procedures that are based on risk assessments, cast -effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks, facilities, information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to inform the Web Services E-Verify Employer Agent's personnel (including contractors and other users of information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; Page 15 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 Company ID Number: 25ti396 Client Company tD Number: 1113533 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; $. Create plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the organization; 9. In information -sharing environments, the information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the information is shared with or provided to other organizations [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the Web Services E-Verify Employer Agent's application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services E-Verify Employer Agents must practice proper Internet security; this means using HTTP over SSUTI S (also known as HTTPS) when accessing DHS information resources such as E-Verify [NIST SP 800-95]. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services E-Verify Employer Agent agrees to maintain physical, electronic, and procedural safeguards to appropriate{y protect the information shared under this MOU against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: • Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256- bit encryption that has been validated under FIPS 140-2. • NSA Type 2 or Type 1 encryption. 4. User ID Management (Set Standard): All information exchanged between the parties under this MOU will be done only through authorized Web Services E-Verify Employer Agent representatives identified above. 5. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services E-Verify Employer Agents whose interfaces do not support Page 16 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06101/13 Gp Client Company ID Number: 1113533 the Form I-9 from 2/2/2009 or 8/7/2009 should also use the E-Verify browser until the system upgrade is completed. 6. The Web Services &Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system within six months from the date DHS notifies the Services E-Verify Employer Web Services E-Verify Employer Agent of the system update. The Web Agent can resume use of its interface once it is up-to-date, unless the Web Services &Verify Employer Agent has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. Web Services E-Verify Employer Agents and Software Developers agree to develop an electronic system that is not subject to any agreement that would restrict access to and use of by an agency of the United States. ffective controls to ensure the 2. The Web Services E-Verify Employer Agent agrees to develop e integrity, accuracy and reliability of its electronic system. 3. The Web Services E-Verify Employer Agent agrees to develop an inspection and quality assurance program that regularly, at least once per year, evaluates the electronic system, and includes periodic checks of electronically stored information. The Web Services E-Verify Employer Agent agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. The Web Services &Verify Employer Agent agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, etc. 5. All information exchanged between the parties under this MOU will be in accordance with applicable laws, regulations, and policies, including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII), including but not limited to the employee or applicant's Social Security number, alien number, date of birth, or other information that may be used to identify the individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article II.A.17. Reporting such breaches does not relieve the Web Services E-Verify Employer Agent from further requirements as directed by state and local law. The Web Services E-Verify Employer Agent is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. SOFTWARE DEVELOPER RESTRICTIONS 1. The Web Services E-Verify Employer Agent agrees that if it develops a Web Services interface and sells such interface, then it can be held liable for any misuse by the company that purchases the interface. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance with E-Verify policies and procedures. 2. The Web Services E-Verify Employer Agent agrees to provide software updates to each client who purchases its software. Because of the frequency Web Services updates, an ongoing relationship between the software developer and the client is necessary. Page V of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 Company ID Number. 256396 Client Company ID Number: 1113533 StCV 3. DHS reserves the right to terminate the access of any software developer with or without notice wha creates or uses an interface that does not comply with E-Verify procedures. 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E-Verify Employer Agent are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services E-Verify Employer Agent or Web Services Employer. F. PENALTIES 1. The Web Services &Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services E-Verify Employer Agent, its clients, or any other party as a result of your account suspension or termination. ART[CLE VI MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancsments by DHS or SSA, including but not limited to E-Vsrify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Web Services E-Verify Employer Agent may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the Web Services E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days' written notice. The Web Services E=Verify Employer Agent may not refuse to terminate the Employer based upon an outstanding bill for verification services. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services E-Verify Employer Agent's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Web Services &Verify Employer Agent or Employer, or a failure on the part of either party to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. Page 18 or 25 E-Verify MOU for Employers Using a web Services E-Verify Employer Agent I Revision Date 06/01/13 Company ID Number: 256396 Client Company ID Number: 1113533 Z IPu� 3. A Web Services E-Verify Employer Agent for an Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Web Services E-Verify Employer Agent must provide written notice to DHS. If the Web Services &Verify Employer Agent fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Web Services E-Verify Employer Agent agrees that E-Verify is not liable for any losses, financial or otherwise, if the Web Services E-Verify Employer Agent or the Employer is terminated from E-Verify. ARTICLE Vtl PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor{s}, and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. Co The Web Services E-Verify Employer Agent may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services E-Verify Employer 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 Web Services E-Verify Employer Agent or the Employer. E. The Web Services E-Verify Employer Agent understands that its participation in &Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer, the Web Services E-Verify Employer Agent and DHS respectively. The Web Services E-Verify Employer Agent understands that any inaccurate statement, representation, data or other Information provided to DHS may subject the Web Services E-Verify Employer Agent, as the case may be, its subcontractors, its employees, or its representatives to: {1 } prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. Page 19 of 25 E-Ver'rfy MOU far Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01t13 z.' Company ID Number zoo mio Client Company ID Number: 1113533 } `x Y NA G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. U.S, Water Services Corporation (Employer) hereby designates and appoints Dynamic Screening Solutions, Inc. (&Verify Employer Agent) including its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E-Verify Employer Agent, and DHS. If you have any questions, contact E-Verify at 1-888-464-4218. Page 20 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01113 Client Company 1D Number. 1113633 Approved by: Page 21 of 25 E-Verity MOU for Employers Using a Web Services E-Verify Employer Agent � Revision Date OB/01/13 Gompany ID Number: 256396 Client Company ID Number: 1113533 Page 22 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent � Revision Data 06/01/13 Company ID Number: 2%J Client Company ID Number: 1113533 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 345 sites} IOWA 33 site(s) OKLAHOMA 9 site($) TEXAS 71 site(s) Page 23 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent � Revision Dafe 06/01/13 Company Ib Number: 256396 Client Company ID Number: , , , o5oa Information relating to the Program Administrators) for your Company on policy questions or operational problems: Name Lynn Nield Phone Number (727) 848 - 8292 Fax Number Email Address Infield@uswatercorp.net Page 24 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06101/13 9Y{•L AjIlIl<P � 'Vf1T4� Company ID Number: 256396 Client Company IQ Number: 1113533 Page intentionally left blank Page 25 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent � Revision Date 05/01/13 pr DEPARTSvtEN6T ©vSTATE Detail by Entity Name NEW PORT RICHEY, FL 34652 Name Changed: 03/0 M18 Address Changed: 04/29/2009 •I Name &Address Title CEO DEREMER,GARY 4939 CROSS BAYOU BLVD. NEW PORT RICHEY, FL 34652 Title VP DELCHER, CECIL 4939 CROSS BAYOU BLVD, NEW PORT RICHEY, FL 34652 Title VP AMIOTT, RALPH 4939 CROSS BAYOU BOULEVARD NEW PORT RICHEY, FL 34652 Title VP KADER, MOHAMMED 4939 GROSS BAYOU BOULEVARD NEW PORT RICHEY, FL 34652 Title VP, Secretary Mitchell, Edward 4939 CROSS BAYOU BOULEVARD NEW PORT RICHEY, FL 34652 Title GFO RUPE, KAYCEE 4939 CROSS BAYOU BOULEVARD NEW PORT RICHEY, FL 34652 Title VP SAUBA, CHRIS 4939 CROSS BAYOU BOULEVARD r ,y http://search.sunbiz.org/...af5&search'[*errs=US%20Water%2OServices%2OCorporation&listNameOrder=USWATERSERVICES%20FO90000052770[11/4/2019 12:31:53 PM] Detail by Entity Name NEW PORT RICHEY, FL 34652 Title VP RENDELL, WILLIAM TROY 4939 CROSS BAYOU BOULEVARD NEW PORT RICHEY, FL 34652 Title VP DUPONT, JEFFREY 4939 CROSS BAYOU BOULEVARD NEW PORT RICHEY, FL 34652 Title VP VOSS, AARON 4939 CROSS BAYOU BOULEVARD NEW PORT RICHEY, FL 34652 Title VP SM[TH, CARL 4939 CROSS BAYOU BOULEVARD NEW PORT RICHEY, FL 34652 Annual Reaoris Report Year Filed Date 2017 04/24/2017 2018 03/02/2018 2019 04/04/2019 0 9/25/2019 --Amendment View iniaye in PDF formak 0.41441291_9_.- ANNUN f EPORT View image in PDF for ANNUAL REPORT View image in PDF format ...._.. ... ..... _} Q4124/20W -- ANNUAL REPORT Vi(aw image in PDF format 04I15f2Ds ANNUAL REP . T View image in PDF format _... 0211912015 ANNUAL_ RFPaQ T — View image in PDF format _.._......1 02/2612014 -- ANNUAL REPORT 0311512 3-.I�IJNUAL EP_OR-C A119I20��__ANNUAL R PE OKI [14/1,3j2011 -- ANNUAL REPORT View image in PDF format View image in PDF format t View image in PDF format View image In PDF format { __. _._.,_.._____ f i View image in PDF format ; ` ` `' http://search,sunbiz.org/...af5&searchTerm=US%20Watet%20Services%20Corporation&listNameOrder=USVJATEKSERVICES%20F090000052770[11l4(2019 12:31:53 PM] Detail by Entity Name 04/0212010 -- ANNUAL REPORT 04L2912009 - I Q UAL REf'Ot T n;3r:31/2008 --ANNUAL REPORT Q4/30/2047 - ANNUAL REPORT 04130I2006 -- ANNUAL REPORT �109I2005 — �1NUAL REPORT 03131/2004 -- ANNUAL REP(?�T_ 0£i107l20Q� -- Amenrlrnent 0s/0.t}(�„Q_Q��f�/bir iana#ion g4/�Q12003 -- DomestLc.. Profit View image in PDF forma# View image in PDF format View image in PDF format View image in PDF format View image in PDF forrnat View image {n PDF format Vier image in PDF format View image irr PDF format View image in PDF format http://seazchsunbiz.org/...af��seazchTerm=US%20�Vater%20Services%20Cotporation&IistNameOrder=USWATERSERVICES%20F090000052770[11/4/2019 1231:53 PM] t ta' ate nt lorida evartment of State I certify from the records of this office that U.S. WATER SERVICES CORPORATION is a corporation organized under the laws of the State of Florida, filed on April 30, 2003, effective April 28, 2003. The document numbcx of this corporation is P03000047$33. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on April 4, 2019, and that its status is active. I filrther certify that said corporation has not filed Articles of Dissolution. Given under niy hand and the Great Sea! of the State of Florida at Tallahassee, the Capital, this the Nineteenth day of April, 2019 'Tracking Number: 9176542507CU To autheuticate this certificate,visit the following site,enter this number, and then .follow the instructions displayed. https://servicessuubiz.org/Filings/Certiiicateof Status/CertificateAuth enticatiou Ron DeSantis. Governor SI"Ink TE Ur MUMMA BOA1%" Wr THE. ENGINEERlN f PROVISION' ;EN.Gf SEERS. DUNDER THE Tl}TES i�cPl�TlQN DA'C�� FEBRu�RY 28,2Q21. At ways,verifyGcenses o'nline.at'MyF(oridaL"icense:com do not alter this.document in any form. This is your licenseAt is unlawful for anyone other4than the# licensee to use this document. u uffl:,> `FLOR(UA BOARI3OF I -1 PROFESSIONAL ENGINEERS RICK sCOTT, GOVERNOR JONATFiAN ZACHEM, SECRETARY STATE OF FLC)RIDA DEPARTMENT OF BUSINESS..AN#Jz-PROFESSIONAL REGULATION CONSTRU THE GENERAL CONTRACT PROVIS(d,N$ OF CHA EXPIRATIC3NvDATE AUGt�57 31, 242f} Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. 0� RICK SCOTT, GOVERNOR STATE OF FLQRIDA DEPARTMENT OF BUSINESSsAND= P-RQFESSIONAL REGULATION LICENSE; NU1�rIBER C'U+C223914 EXPIRAt(61 GATT. AUGUST 3112020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Name Travis Ruble Jacob Ingram Personnel Category Construction Superintendent Project Manager 10 �"`"� ;�;`><<r Construction Services Agreement: Revised 072118 (v6) � GU IGNARD AN UNCOMMON BOND July 09, 2020 Collier County Board of County Commissioners 3295 Tamiami Trail East, Building C-2 Naples, FL 34112 Re: Authority to Date Bonds and Powers of Attorney Principal.• U. S. Water Services Corporation Bond No.: 2306824 Project: North County Water Reclamation Facility (NCWRF) Aeration Basin 5&6 Diffuser System Replacement, 10500 Goodlette-Frank Road North, Naples, FL Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please send a copy of the dated bonds to our office. Attorney in Fact ce Company 1904 Boothe Circle I Longwood, FL 32750 EXHIBIT B-1: PUBLIC PAYMENT BOND ITB# 20-7764 Bond No. 2306824 Contract No. 20-7764 KNOW ALL MEN BY THESE PRESENTS: That U. S. Water Services Corporation 4939 Cross Bayou Blvd., New Port Richey, FL 34652, (727) 848-8292 as Principal, and North American Specialty Insurance Company I as Surety, located at 1200 Main Street, Ste 800, Kansas City, MO 64105, (847)_ 273-1251 (Business Address) are held and firmly bound to Collier county Board of County Commissioners as Obligee in the sum of Six Hundred Ten Thousand Nine Hundred Fifteen And 051100 ($ 610,915.05 _) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obligee for North County Water Reclamation Facility (NCWRF) Aeration* in 10500 Goodlette-Frank Road North, 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. *Basin 5&6 Diffuser System Replacement 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 of feet Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2) . In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its u er-signed representative, pursuant to authority of its governing body. Obligee Information: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering & Project Management Division 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 (239)252-5343 11 �` Construction Services Agreement: Revised 072118 (v6) Signed, sealed and delivered in the presence of: PRINCIPAL ,C-ieCVIC@,,, U. S. Vater Services Corpqyation`t, P j,•, d - �:�SEAL�'' aY: _ •. �2003 0 P:: Witnesses as to Princi I NAME: tr, r %cs1:• ., 4R1 •p�'.�: ITS: '� * STATE OF Florida COUNTY OF Cal The foregoing instrument was acknowledged before me by means of Xphysical presence or ❑ online notarization, this day of 1 20S33 , by - ZAL"—d , as of U. S. Water Services Corporation a Florida Corporation, on behalf of the corporation. Hel§ha is personally known to me —as •teEet i#ica#ieta and did -(did Raq take an oath. My Commission Expires:Jpnt��`o1,1 1A�Y ^Up`�i CfiRISTiNA R. CREGO �« Notary Public - State of Florida Commission # GG 062136 My Comm. Expires Jan 12, 2021 Banded through National Notary Assn. (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Legibly Printed) Notary Public, State of Florida Commission No.: 03:�)(`Xanu SURETY: North American Specialty Insurance Company (Printed Name) 1200 Main Street, Ste 800 Kansas City, MO 64105 (847) 273-1251 _ (Business Address NIA (Authorized Signature) (Printed Name) 12 F rc Construction Services Agreement: Revised 072118 (v6) OR LL- / &i - Witnesses STATE OF Florida COUNTY OF Seminole April L. Lively, Attorney -in -pact & FL Licensed Resident Agent (Printed Name) Gui nand Company 1904 Boothe Circle Longwood, FL 32750 (Business Address) (407) 834-0022 (Telephone Number) The foregoing instrument was acknowledged before me by means of M physical presence or ❑ online notarization, this 9th day of Tuly .^ 2020 by _ April L. Lively _ , as Attorney -in -Fact T of North American Specialty Insurance Company, a New Hampshire corporation, on behalf of the corporation. He she is ersonally known to m OR has produced as i entification and did (did not) take an oath. My Commission Expires: 02/09/2022 (AFFIX OFFICIAL SEAL) ALLYWNFOSSVANG comma *n # GG 325414 irr : Expires February 9, 2022 ��OFf��� BOndBdZtu�>11o4iYS°v"�� _ t (Signature of Notary Pub c) Name: Allyson Foss Wing (Legibly Printed) Notary Public, State of: Florida Commission No.: GG325414 13 Construction Services Agreement Revised 072118 (v6) EXHIBIT B-2: PUBLIC PERFORMANCE BOND 1TB# 20-7764 Bond No. 2306824 Contract No. 20-7764 U. S. Water Services Corporation KNOW ALL MEN BY THESE PRESENTS: That 4939 Cross Bayou Blvd New Port Richey, FL 34652 (727) 848-8292 , as Principal, and _North American Specialty Insurance Company , as Surety, located at 1200 Main Street. Ste 800, Kansas City, MO 64105, (847) 273-1251 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Obligee in the sum of Six Hundred Ten Thousand Nine Hundred Fifteen And 051100 ($ 610,915.05 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of T 20 P with Obligee for North County Water Reclamation Facility (NCWRF) Aeration Basin 5&6 Diffuser System Replacement* In accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. *10500 Goodlette-Frank Road North, Naples, FL 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 of feet Sureties obligation under this B ond. 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 J" day of 20` 0 , the name of each party being affixed and these presents duly signed b ifs undersigned representative, pursuant to authority of its governing body. Obligee Information: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering & Project Management Division 14 construction Services Agreement: Revised 072118 (v6) (; 3339 Tamiami Trail East, Suite 303 Naples, FL 34112, (239) 252-5343 Signed, sealed and delivered in the presence of: /� A A A/ � -��v Witnesses as to P ' cipal STATE OF Florida COUNTY OF _ 5CZ PRINCIPAL `t�,,,,, `,'1� U. S. er Services Co oration gCVIC 5 @�+ ' BY ctys (j,01 EAC'.0 NAME: m� 2��3 P•° ITS: 1d2 �RtQ•• . o•. The foregoing instrument was acknowledged before me by means of 6(physical presence or ❑ online notarization, this �' day of �A _ 209 , by - --?Sy�Ztry M&+y A , as SiCQ -6ZdsAA _ -- of U. S. Water Services Corporation _ , Florida corporation, on behalf of the corporation. Helgi-tw is personally known to me and did take an oath. My Commission Ex ires: , CHRISTINA R. CREGO Notary PublicState of Florida c * •` commission # GG 062136 < "o"= My Comm. Expires Jan 12, 2021 ' Bonded through National Notary Assn, , (AFFIX OFFICIAL SEAL) (Signature of Notary tblic) Name:IJ -- (Legibly Printed) Notary Public, State of: Florida Commission No.: construction Services Agreement: Revised 072118 (v6) ATTEST: Witnesses as to Surety OR Witnesses , STATE OF Florida COUNTY OF Seminole SURETY: North American Specialty Insurance Company (Printed Name) 1200 Main Street, Ste 800 Kansas City, MO 64105 (847) 273-1251 (Business Address) NIA (Authorized Signature) (Attach Power of Attorney) April L. LiveIy, Attorney -in -Fact & FL Licensed Resident Agent (Printed Name) Quignard Com an 1904 Boothe Circle Longwood, FL 32750 (Business Address) �407) 834-0022 (Telephone Number) The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 91h day of July 2020 by _April L. Lively _ as Attorney -in -Fact _ of North American S ecial Insurance Com an a New corporation, on behalf ofthe corporation. H is ersome OR has produced cation and did (did not) take an oath. My Commission Expires: 02/09/2022 rw"bVi (Signaturg of Notary Public) (AFFIX OFFICIAL SEAL) ss ;�uetyc +�' `'� ' ALLYSON FOSS WING Commission � Qfi 3264t4 �'soR�.a�� g. BaiQ�dihu Allyson Foss WingL (Legibly Printed) Notary Public, State of: Florida Commission No.: GG325414 Construction Services Agreement: Revised 072118 (v6) SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: J.W. GUIGNARD, BRYCE R. GUIGNARD, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIF'ER L. HINDLEY, MARGIE L. MORRIS, DEBORAH ANN MURRAY, M. GARY FRANCIS, CHRISTINE MORTON, KELLY PHELAN and ALLYSON FOSS WING JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." S%poiarha �. �aPbiji•:YsI By SEAL Steve¢ n erson, error ice res� ent u as mFo¢ nterna tuna Insurance Company t�e't & Se¢ior Vice President of North American Specialty Insurance Company 'm � & Senior Vice President of Westport Insurance Corporation •'(} By Mike A. Ito, Senior Vice President of Washington International Insurance Company ariwo & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 21st day of OCTOBER 120 19 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 21 st day of OCTOBER 2019 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL Y EAL N.ICENENNY � Nrnery public -State of IlliorA "% c tea cM pie: M. Keany, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that tho above and forego4ig is a trje and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of . 20 Jeffrey Goldberg, Vice President & Asaisml Secretary or Washington International Insurance Company & North American Specialty Insurance Company & Vir President & Assistant Secretary of Westport Insurance Corporation EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and 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 072118 (v6) '�-�°� 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 coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance overage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement: Revised 072118 (v6) CAO 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 https://apps,fldfs.com/bocexempt/ 2. ❑Employer's Liability $ single limit per occurrence 3. ❑Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and 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 ContractorNendor/Consultant in the performance of this Agreement. 5. ❑Automobile Liability $ '` "Each Occurrence; Bodily Injury &Propart y Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑Watercraft noted: Ea 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. 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 0 Per Occurrence ❑ Professional Liability $ 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 19 Construction Services Agreement: Revised 072118 (v6) `�,� 0 Q ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ❑Consultant 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 any 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. Consultant'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 Consultant Signature Print Name Insurance Agency Date Agent Name Telephone Number Construction Services Agreement: Revised 072118 (v6) � €�4 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 toContractor and Owner, dated s ,20 for the period from ment of the consideration described above. It is not effective partial waiver and release is conditioned upon pay 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 by means of ❑physical pres 2nOce or ❑ onli�ey notarization, this daY °f of as corporation. He/she My Commission Expires: (AFFIX OFFICIAL SEAL) is a _ personally corporation, on behalf of the known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Construction Services Agreement: Revised 072118 (v8) f t_ EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier Count Water -Sewer Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @10% through [Insert Date] $ Retainage @ 10% through [Insert date] $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Si nature: 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: Signature: I I Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: Construction Services Agreement: Revised 072118 (v6) & ff EXHIBIT D SCHEDULE OFVALUES '.Project Name: Project Number: Date: ITEM NUMBER DESCRIPTION SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETEC & STORED TO DATE PERCENT COMPLETE BALANCE TO FINISH 10% RETAINAGE _/a RETAINAGE (reducedrate) TOTAL RETAINAGE WITHHELD PREVIOUS APPLICATIONS THIS PERIOD THRU DATE SINCE DATE TOTALS * Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue cot into play. If this happens, all information up to the date of the °,G 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. Construction Services Agreement: Revised 072118 (v6) ° ` x� Exhibit D ,O„„+;„„orl� Stored Materials Record _ A _ Construction Services Agreement: Revised 072118 (v6) ��'r�s� EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: Change Order Form # Chane ontrast#::= Purchase Order#: Project#:C� C�� g ContractorlFirm Name: ProjectManager Name � _---� Project Name: Department: r}iainsl Ccntract'filork Cxd� Anr_unt Current 8CC Apptcted Amount Current Ccntsctrtsli crk Order Amount Dollar Anr.untofthis Chang #CI'J"81 RauisedCcntracN�AJcrrk Order Tctsl � g•gg f#DIV.101 fium ullafivoa Chamie z 0.00 #CI'J' ! l MCC Apps�.•sl Date; Agenda Item #' ': C�igins Lsst BCC Approval Date; AqEnds Item# S P' Contract Expirsticn Dste (tolsatEf) Total ChaNe frcn1 Orjginsl Anr_unt Change frcmCurrenl 8CC AFV wed Arrrcun Anru Completion Date Description of the Task(s) Change, and Rationale far the Change r--�I C� Last Approved �� Revised Date I Notice to Procee� tomple Date pP ��JJJJ r. rY_stnscnaN.; L_ J Date Completion Date siofDays Added Select'rasks ❑I Addnewt3sk(s) ❑',Deletet3skjsJ p Changet3sk(s) ❑',Other sa o?rIxj Provide a responseto thefolloNving: t:} detailed and specific explanationlration3Ia of the requestedch3nge(s) to theta sk(sj and 1 or the additional days added (if requestedt, 2.)ivhy this changewas not included in{the on gruel contract; and )^describe the impact if rf mar_. Prepared by: EP rat rA r f1 nr rd D { nm_rts kc: {f rcec4fh i•- ^, Cr r 'r c�+r fit o 3mo"rf� t,,r o rr FNorr r r `_rt'< ,accti ;Ji E c �-fto tlfhea me term ccrra ._r_ r r< r._ rrfler tt-oft rork,ora rira t . * v f i1y sit rater: r +*__ th{ 3cxFt rt Th_ =;� rm�nt. fary fctfeL mract lrc s4t� aft Br {.r_I3ett nrrt�{ariaraa _i=rmzdit< '._r atdC rs+tare.' DeS�r rwfiessi4r«rs:.;ouin{osrz,_fedtsfrrch3rgeB_tiorl hz.=,r,mr�7tr���:nts{��1r7paci r c_i3y - . Dafe: Accepted by. - +r`,n;ra,f,,r }:er.iort C;,rsuliar r D_siyn Froi >srraiana iJarttecd Firm, if prGj�fappl3cabl_f Dais: Approved by iiJ_sw^e r,. Fs fi o L^al a'sn Flame of Firm, if pros t 3pF r•ac,S_g Dane: Approved by: (Fr�*:utemerf Fr•.dess-r4r:3! Construction Services Agreement: Revised 072118 (v6) 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: m OWNER 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 072118 (v6) �`� RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and -made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title 20 Construction Services Agreement: Revised 072118 (v6) * �'���'� EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date: and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 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 Construction Services Agreement: Revised 072118 (vfi) - T H: GENERAL TERMS AND COND 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement: Revised 072118 (v6) 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 not responsible those coordinating ties toobe coother irdinated by the lity work so as oOwner t as e may re itbehprosecution expressly described Work (except elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3, SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide Wrk thin the for expeditious hall indicate the dates for starting andecomoplet nig the varioustract stag stagesmes The Progress of the Work Scheduledules 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. rdance with he uirements of all Co All work oiserOrdin9 Ordient nances nSnall effect, Unlessdin otherwise specified, twork gwill generally be Collier County Noise 30 Construction Services Agreement: Revised 072118 (v6) 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 31 Construction Services Agreement: Revised 072118 (v6) 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 Construction Services Agreement: Revised 072118 (v6) 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 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 Construction Services Agreement: Revised 072118 (v6) 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 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 072118 (v8) 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 wrg 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 8.1.7 8.1.8 8.1.9 8.1.10 of performance. Description of Work being performed at the Project site; Any unusual or special occurrences at the Project site; Materials received at the Project site; A list of all visitors to the Project Any problems that might impact either the cost or quality of the Work or the time 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 072118 (v6) (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. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all 36 Construction Services Agreement: Revised 072118 (v6) 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 Ownerwritten Work 37 Construction Services Agreement: Revised 072118 (v6) r� AX Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner 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 to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 38 Construction Services Agreement: Revised 072118 (v6) 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. 39 Construction Services Agreement: Revised 072118 (v6) Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit 13-3. 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 sea. 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 procurementwhere 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. 40 Construction Services Agreement: Revised 072118 (v6) 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 firms) 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 se . 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. Al 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. 41 Construction Services Agreement: Revised 072118 (v6) 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. 42 Construction Services Agreement: Revised 072118 (v8) 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 43 Construction Services Agreement: Revised 072118 (v6) 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 072118 (v6) 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 shal I 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 45 Construction Services Agreement: Revised 072118 (v6) 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 reconstructio n. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 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 46 Construction Services Agreement: Revised 072118 (v6) 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 5.8, for services not rendered. 25. 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 at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor new 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. 47 Construction Services Agreement: Revised 072118 (v6) 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. 28A 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 072118 (v8) 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; Arm 8.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.E All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 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 ' I and shall comply with all security requirements at Owner gus facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend apre-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 072118 (v6) 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 50 Construction Services Agreement: Revised 072118 (v6) 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 072118 (v8) 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 subcontractor 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 072118 (v6) 34.1.3 Shop Drawing Submittal/Approval Logs 34.1 A 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 3491.10 Equipment Costs 34.1.11 Cost Proposal Request 34,1612 Payment Request Records 34.1.13 Meeting Minutes 3461914 Cost -Estimates 34.1.15 Bulletin Quotations 3401.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1018 Contract Changes 34.1.19 Permits 3441620 Material Purchase Delivery Logs 34.1421 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 3461.24 Operating & Maintenance Instruction 34.1625 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 3441630 Punch Lists 3461.31 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 shal I 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 Construction Services Agreement: Revised 072118 (v6) 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 a -mail (DL-FMOPS( )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 072118 (v8) 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 072118 (v6) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 56 Construction Services Agreement: Revised 072118 (v6)