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provide written notification to the Contractor of the discrepancy and allow the Contractor <br />ten (10) days from the date of notification to resolve the discrepancy. in the event the <br />Contractor does not resolve the discrepancy to the satisfaction of Sourcewell or Gordian, <br />Sourcewell or Gordian reserve the right to engage a third party to conduct an independent <br />audit of the Contractor's records and, in the event Contractor is not in compliance with <br />this Contract, Contractor shall, In addition to any Administrative Fees due, reimburse the <br />appropriate party for the cost and expense related to such audit, <br />20.6 Sourcewell and Contractor hereby acknowledge that The Gordian Group, inc., as the <br />designated contract administrator, is a third -party beneficiary of Section 20, including all <br />subsections therein. In the event any court action is brought to enforce payment of the <br />Administrative Fees set forth above by any party or third -party beneficiary of this <br />Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' <br />fees and collection costs. <br />21. TAXES <br />The Contractor shall pay all sales, consumer, use and other similar taxes required by Law for <br />which an exemption does not exist. If the Contractor is required to pay sales tax on non-exempt <br />material, equipment, services or other items purchased in connection with a Purchase Order, <br />the Member will reimburse the Contractor for such tax, without mark-up, provided the <br />Contractor submits the appropriate documentation therefor. <br />22. PHYSICAL PRESENCE <br />The Bidder must have a fully staffed and functioning office located within the State of Florida <br />and must have been in business performing construction work for at least three (3) years. <br />Contractor to complete Bid Form 11: Existing Fuil-Service Office Location Affidavit for each area <br />they are bidding. <br />23. SELF PERFORMANCE REQUIREMENT <br />Contractor(sj for the having, Roofing and Underground Construction Contracts shall perform <br />with its own organization and forces not less the 51% of the total amount of labor hours <br />performed at the project site through the working foreperson level. The percentage <br />calculation does not include field superintendents or office management personnel. <br />(The rest of this page left intentionally blank) <br />March 2019 Section Tvm — Instructions to Bidders 21 <br />