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HomeMy WebLinkAboutAgreement_General_2/8/2024_Titan Construction Management Work ChangE Directive No. 001 Date of Issuance: 1/16/2024 Effective Date: 1/182024 Owner: Village ofTequesta Owner's Task Order No.: ITB-NO. UTIL10-31-23/NL Contractor: Titan Construction Management, LLC Contractor's Project No.: Engineer: Kimley-Hare Engineer's Project NO.: 040097051 Project: ITR-No.UTILIO-31-231NL-0-2024/NL Contract Name: Exter.or Cleaning, Preparation, and Exterior Cleaning,Preparation,and Coating of Coati-l:;of Ground Storage Tanks Ground Storage Tanks Contractor is directed to proceed promptly with the following change(s): Description: Paint color for the top band of both tanks was omitted from the bid specs.This change orde-provides for a different color of Tnemec paint for the top bands and the painting by the contractor.The color of the tanks will be painted Sand Castle and the top bank/ribbons will be painted Grain Dust—both with Tnemec paint.The Contractor shall coat the upper band on each of the ground storage tanks(0.75MG and 2MG)with a final coating of Grain Dust(143GN, RGB: 199, 184, 44. Band sball match the existing band height on each tank: the top 1.67 ft. of the 0.75 MG tank and the top 2 ft.of the 2MG tank. Attachments: [List documents supporting change] • See proposal by Contractor for work 001) • See justification by engineer for work by: Marjorie Craig,Director, Utilities Department Purpose for Work Change Directive: Directive tc proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and Contract Time,is issued due to:(check one or both of the following)(FIRST ANSWER NCT APPLICABLE, VILLAGE MANAGER CAN APPROVE SINCE IT IS WITHIN THE PARAMETERS OF PROCUREMENT) N/A ❑r\on-agreement on pricing of proposed change. YES ❑ Necessity to proceed for schedule or other Project reasons. Estimated Change in Contract Price and Contract Times (non-binding,preliminary): Contract Price $ `=2,500(original bid price) [increase] [decrease]. INCREASE by$5,747 Contract Time 90 days [increase] [decrease]. NO MODIFICATION ANTICIPATED Basis of estimated charge in Contract Price: Paint cost plus labor to paint the bands/ribbons a different color X_ Lump Sum provided based on paint and labor ❑ Unit Price ❑ Cost of the Work ❑ Other RECOMM LADED: AUTHORIZED BY: ` R E D: , —� Jeremy Allen Date: 024.0edby:43:16 Allen Date:2024.01.1808:43:16 � c By: BY: y -05,00, BY Engineer(Authorized Signature) Owner(Authorized Signature) ( ac or thorized Signature) Jeremy Allen,Village Title: Peter Van Sickle,Kimley-Horn Title: Manager Title: Chris M.Stamas Date: 1/16/2024 Date: President,Titan Civil Construction (Titan Construction Management,LL Date: 1/17/2024 Approved by Funding,agency(if applicable) N/A Date: B : Title: C-940,Work Change Directive Page 1 of 1 �-I-a�► ��CJ�D�1 AGREEMENTgd1 BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE VjcJAA It THIS AGREEMENT is by and between Village of Tequesta Titan Construction Management, LLC ("Contractor").. Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is generally described as follows: ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: The project scope of work consists, in general, of cleaning, painting, and protecting the Village of Tequesta's two (2) ground storage tanks located at the Tequesta Water Plant. Furnish all labor, surface preparation and coating material, tools, rigging, lighting, ventilation, and other related items of equipment and materials necessary to clean, prepare, coat, cure and cleanup a complete coating system on all exterior exposed items and surfaces throughout the project, except as otherwise specified or shown on the drawings. The scope of work shall include the coating of existing equipment and surfaces determined by the OWNER. Color shall match existing or as directed in these specifications. The work includes cleaning and field painting of exposed ground storage tanks and previously painted venting structures and metal structural components. No painting of previously unpainted equipment or structures will be required. Clean, prepare, coat, and cure all surfaces in strict accordance with the manufacturer's published recommendations and specifications. ARTICLE 3—ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by Kimley-Horn. 3.02 The Owner has retained Kimley-Horn ("Engineer") to act as Owner's representative, assume all duties and responsibilities,and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4—CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially completed within 60 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and 00520,Agreement Page 1 of 11 completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 90 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion:Contractor shall pay Owner$500 for each day that expires after the time(as duly adjusted pursuant to the Contract)specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract)for completion and readiness for final payment, Contractor shall pay Owner$500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner(1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work a lump sum of: $ 52,500.00. All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments, Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such 00520,Agreement Page 2 of 11 Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract.All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer,the retainage will be reduced in accordance with Florida Statute 218.735; and b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7—INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 1 percent per annum. ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas,and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has considered the information known to Contractor itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the drawings/figures identified in the Contract Documents, with respect to the effect of such 00520,Agreement Page 3 of 11 information,observations,and documents on (1)the cost, progress,and performance of the Work; (2)the means, methods,techniques,sequences,and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. E. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. I. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (r - -- - 2. Performance bond 3. Payment bond 4. General Conditions(pages 1 to 75, inclusive). 5. Supplementary Conditions (pa 6. Specifications as listed in the table of contents of the Project Manual. 7. Exhibits included in the appendixes as listed in the table of contents of the Project Manual. 8. Addenda (numbers 1 to 4_, inclusive). 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. 00520,Agreement Page 4 of 11 D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10—MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 00520,Agreement Page 5 of 11 10.06 Indemnity A. The parties recognize that the Contractor is an independent contractor. The Contractor agrees to assume liability for and indemnify, hold harmless, and defend the Owner, its council members, mayor,officers,employees,agents,and attorneys of,from,and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage,equitable relief,or loss of use, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor, its agents, officers, Contractors, subcontractors, employees, or anyone else utilized by the Contractor in the performance of this Contract. The Contractor's liability hereunder shall include all attorney's fees and costs incurred by the Owner in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor against the Owner and the Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Contract and shall not be limited by the amount of any insurance required to be obtained or maintained under this Contract. B. Subject to the limitations set forth in this Section, Contractor shall assume control of the defense of any claim asserted by a third party against the Owner and, in connection with such defense, shall appoint lead counsel, in each case at the Contractor's expense. The Owner shall have the right,at its option,to participate in the defense of any third party claim, without relieving Contractor of any of its obligations hereunder. If the Contractor assumes control of the defense of any third party claim in accordance with this paragraph, the Contractor shall obtain the prior written consent of the Owner before entering into any settlement of such claim. Notwithstanding anything to the contrary in this Section, the Contractor shall not assume or maintain control of the defense of any third party claim, but shall pay the fees of counsel retained by the Owner and all expenses, including experts'fees, if(i) an adverse determination with respect to the third party claim would, in the good faith judgment of the Owner, be detrimental in any material respect to the Owner's reputation; (ii)the third party claim seeks an injunction or equitable relief against the Owner; or(iii)the Contractor has failed or is failing to prosecute or defend vigorously the third party claim. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith. C. It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06, Florida Statutes, as amended. Contractor expressly agrees that it will not claim, and waives any claim, that this indemnification violates Section 725.06, Florida Statues. Nothing contained in the foregoing indemnification shall be construed as a waiver of any immunity or limitation of liability the Owner may have under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. 10.07 Governing Law and Remedies A. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Florida and venue for any and all disputes related to or arising from this Agreement shall be in Palm Beach County, Florida. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or 00520,Agreement Page 6 of 11 otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 10.08 Office of the Inspector General A. Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County programs, contracts, transactions, accounts and records. The Inspector General (IG) has the power to subpoena witnesses,administer oaths, require the production of records,and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all Owner contracts. 10.09 Public Records Contractor shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the Owner as provided under section 119.011(2), Florida Statutes,specifically agrees to: (a) Keep and maintain public records required by the Owner to perform the service. ll Upon request from the Owners's custodian of public records or designee, provide the Owner 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 Chapter 119, Florida Statutes,or as otherwise provided by law. ll 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 this Contract and following completion of this Contract if the Contractor does not transfer the records to the Owner. ll Upon completion of this Contract, transfer, at no cost, to the Owner all public records in possession of the Contractor or keep and maintain public records required by the Owner to perform the service. If the Contractor transfers all public records to the Owner 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 Owner, upon request from the Owner's custodian of public records or designee, in a format that is compatible with the information technology systems of the Owner. 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 OR DESIGNEE AT 561-768-0443, Immilliams@teguesta.org, OR BY MAIL AT VILLAGE OF TEQUESTA, 345 TEQUESTA DRIVE, TEQUESTA, FL 33469. 00520,Agreement Page 7 of 11 10.10 Insurance A. The limits of liability for insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less that the following amounts or greater where required by Law and Regulations: 1. Workers' Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: a. State Statutory b. Applicable Federal Statutory C. Employer Liability: Bodily injury, each accident $1,000,000 Bodily injury by disease, each employee $500,000 Bodily injury/disease aggregate $1,000,000 d. Foreign voluntary worker compensation Statutory 2. Contractor's Commercial General Liability under Paragraphs 6.03.13 and 6.03.0 of the General Conditions: a. General Aggregate $2,000,000 b. Products—Completed Operations Aggregate $2,000,000 C. Personal and Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 (Bodily Injury and Property Damage) 3. Automobile Liability under paragraph 6.03.D of the General Conditions: a. Bodily Injury: Each Person $500,000 Each Accident $1,000,000 b. Property Damage: Each Incident $1,000,000 4. Umbrella of Excess Liability under paragraph 6.03.E of the General Conditions: a. Excess or Umbrella Liability 1) General Aggregate $5,000,000 2) Each Occurrence $1,000,000 5. Contractor's Pollution Liability under paragraph 6.03.F of the General Conditions: a. Contractor's Pollution Liability 1) General Aggregate $2,000,000 2) Each Occurrence $1,000,000 6. Additional Insureds include the respective officers, partners, directors, employees, agents, consultants, and subconsultants of the following firms and municipal government(s): a. Village of Tequesta 10.11 Audit By Owner A. The Contractor shall permit the Owner, or any authorized representatives of the Owner, at all reasonable times, access to and the right to examine all records, books, papers or documents related to the Contractor's performance under this Agreement including, but not 00520,Agreement Page 8 of 11 limited to, expenses for sub-contractors, agents or assistants,direct and indirect charges for work performed and detailed documentation for all such work performed or to be performed under this Agreement. 10.12 Copies of Data/Documents A. Copies or original documents prepared by the Contractor in relation to work associated with this Agreement shall be provided to the Owner. Data collected,stored,and/or provided shall be in a form acceptable to the Owner and agreed upon by the Owner. 10.13 Ownership A. Each and every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the Owner. 10.14 Limitations of Liability A. Under no circumstances shall either party be liable to the other for any consequential, incidental, special, punitive, or any other form of indirect or non-compensatory damages. 10.15 Enforcement Costs A. All parties shall be responsible for their own attorneys'fees, court costs and expenses if any legal action or other proceeding is brought for any dispute, disagreement, or issue of construction or interpretation arising hereunder whether relating to the Agreement's execution, validity, the obligations provided therein, or performance of this Agreement, or because of an alleged breach,default or misrepresentation in connection with any provisions of this Agreement. 10.16 Copyrights and/or Patent Rights A. Contractor warrants that there has been no violation of copyrights and/or patent rights in the manufacturing, producing or selling of the goods, shipped or ordered, as a result of this Agreement and the Contractor agrees to hold the Owner harmless from any and all liability, loss,or expense occasioned by any such violation. 10.17 Protection of Property A. The Contractor shall at all times guard against damage or loss to the property of the Owner or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The Owner may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful Contractor or its agents. The Contractor shall be responsible to safeguard all of their property such as tools and equipment while on site.The Owner will not be held responsible for any loss of Contractor property due to theft or vandalism. 10.18 Damage to Persons or Property A. The responsibility for all damage to person or property arising out of or on account of Scope of Work done under this Contract shall rest upon the Contractor. 00520,Agreement Page 9 of 11 10.19 Discrimination A. The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, political affiliation, marital status, handicap, or sexual orientation. Further, Contractor shall not discriminate or permit discrimination against any employee or an applicant for employment on the basis of race,color,sex, religion, political affiliation, natural origin, ancestry, marital status, sexual orientation or handicap. 10.20 Construction Defects A. PURSUANT TO SECTION 558.005, FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE NOT SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. 10.21 Public Entity Crimes Contractor acknowledges and agrees that 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, proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier or sub-contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. The Contractor will advise the Owner immediately if it becomes aware of any violation of this statute. 10.22 Scrutinized Companies A. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List and are not engaged in the boycott of Israel. Pursuant to section 287.135, Florida Statutes, the Owner may immediately terminate this Agreement at its sole option if the Contractor or any of its subcontractors are found to have submitted a false certification; or if the Contractor or any of its subcontractors, are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of this Agreement. B. If this Agreement is for one million dollars or more,the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan List,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135, the Owner may immediately terminate this Agreement at its sole option if the Contractor, or any of its subcontractors are found to have submitted a false certification; or if the Contractor or any of its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are or have been engaged with business operations in Cuba or Syria during the term of this Agreement. C. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. D. The Contractor agrees that the certifications in this section shall be effective and relied upon by the Owner for the term of this Agreement, including any and all renewals. E. The Contractor agrees that if it or any of its subcontractors' status changes in regards to any certification herein, the Contractor shall immediately notify the Owner of the same. 00520,Agreement Page 10 of 11 F. As provided in Subsection 287.13S(8), Florida Statutes, if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement. This Agreement will be effective on January 10,2024(which is the Effective Date if the Contract). VILLAGE:Village of Tequesta,FL CONTRACT 6itan C ttrt� ion Management,LLC Digitally signed by Jeremy Allen � ----'' --� By. Jeremy Allen Date:2024.01.11 09:29:48-05'00' By. Name: Jeremy Allen,Village Manager Name: C-�,!1 &Title &Title G��p it M �P............. 1LlTy'' dq� (Seal) =C SEAL `-''= �- (Contractor) _ 2008 Attest: �tOR10Px The foregoing%)nstrurvient ws sworn to (or Title: , affirmed)and subscrl8gt3 before this 0 day Date: of �axi u Ci sN. 20 by Q^AA3h> who is [--personally know to me or [ ] who has produced a as identification and who did/did not take an oath. (Seal) Approved Notary Public as to f/ / State of Florida Form: IRENE C.TIRIKOS Notary Public-State of Florida Commission N GG 943485 n My Comm.Expires Apr 21.2024 Title: r+.Village Att0 n 3onted through National Notary Assn. Address forgiving notices: Address forgiving notices: (Contractor) Village Manager I ha:n �' ,�5�.yv�t�i a R (Y�o,,cz_Cer+�L,,� l.(-'. - v- 345 Tequesta Drive t $ S . n0-XU'S fro.& (afl� Tequesta FL,33459 � � License No.: (where appliccble) 00520,Agreement Page 11 of 11 E-Verify Affidavit Bid/Proposal Number: UTIL 10-31-23/NL-0-2024/NL Project Description: Exterior Cleaning, Preparation,and Coating of Ground Storage Tanks In accordance with Section 448.095, F.S., Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: I. All persons employed by the Contractor to perform employment duties within Florida during the term of the contract; and 2. All persons (including SUBCONTRACTORS) assigned by the Contractor to perform work pursuant to the contract. The Contractor acknowledges and agrees hat use of the U.S. Department of Homeland Security's E-Verify System during the tear of the contract is a condition of the contract with the Village of Tequesta. Contractor fin-ther agrees to retain sufficient evidence of their enrollment in the E-Verify System and provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a printed copy of the completed E-Verify Company Profile page, obtained from htto�: kv\a.e- vertiv.t_ov. Contractor also agrees to obtain from each of its subcontractors/subeonsultants an affidavit stating that the subcontractor/subconsultant does not employ,contract with, or subcontract with an Unauthorized „^ Alien, as that term is defined in Section 448.095(1 Xk), F.S. Contractor further agrees to maintain a copy of any such affidavit from a subcontractor/subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. By affixing your signature below, you hereby affirm that you will comply- with all E-Verify requirements. Titan Construction Management LLC 830512074 Company name Federal Employer Identif-cation No. Christopher M.Stamas ,"tea byts��r%�sxcS � 1/30/2024 Signature Date Christopher Stamas President Print Name Title STATE OF FLORIDA P.A 4WE7� COUNTY Sworn and subscribed before me by means of QX physical presence or ❑online notarization on this 30ih day of January 20 24 by Christopher stamasd who is personally known to me or has produced personalty known as identification and who didrdid not take an oath, in the state and county first mentioned above. Irene Tirikos rill.Jy&",d 0y 4em T-,-cs QWe:2024.01.30 13.03:14 a57s No Public (affix seal �s "4` IRENE C.TtRiKOS ?F� `' Nttary Public.$tat*of Florida Cammluion 9 GG 943495 My Commission Expires:April 21, 2024 �n.: My Comm.Expires xpr 2t,2024 6cneed tPrcuptt National Ncury Kum.