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Agenda 12/14/2021 Item #11C (ITB Contract #21-7935 - Waterfront Property Services, LLC)12/14/2021 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 21-7935, "Wiggins Pass and Doctors Pass Dredge 2021-2022," to Waterfront Property Services, LLC d/b/a Gator Dredging, in the amount of $2,197,180.00, authorize the Chair to sign the attached Agreement and approve the attached budget amendments. (County -Wide Capital Projects Fund 301 / TDC Beach Renourishment and Pass Maintenance Fund 195, Project No. 80288 & 90549) OBJECTIVE: To award a bid to provide maintenance dredging to both Wiggins Pass and Doctors Pass. CONSIDERATIONS: Boaters entering and leaving both Wiggins Pass and Doctors Pass have reported shoaling in the vicinity of the inlets and near grounding incidents. Soundings taken at both locations show both locations to be very shallow requiring channel dredging to maintain navigation. The County last dredged Wiggins Pass in February 2020, but sand has migrated back into the channel to nearly pre -dredge conditions. The County last dredged Doctors Pass in 2017/2018 but has recently experienced shoaling and near groundings by vessels entering the inlet. Monitoring performed in February of 2021 reported shoaling at the south side of the entrance channel. On May 21, 2021, Collier County Coastal Zone Management staff entered into a Work Order under Agreement No. 18-7432-CZ with APTIM Environmental & Infrastructure, LLC., to support Collier County in the design, bidding, and performing during and post -construction professional engineering services for the emergency maintenance dredging of Doctors Pass and Wiggins Pass. On August 9, 2021, Collier County Coastal Zone Management staff entered into an additional Work Order in relation to the Wiggins Pass and Doctors Pass Dredge 2021-2022 project under Agreement No. 18-7432-CZ with Humiston & Moore Engineers, P.A., to assist obtaining updates to the State and federal regulatory permits for adaptable design associated with the Wiggins Pass Maintenance Dredging. On October 15, 2021, the Procurement Services Division issued ITB No. 21-7935, the Wiggins Pass and Doctors Pass Dredge 2021-2022 project. The County received six (6) bids by the November 9, 2021, deadline as summarized below. RESPONDENTS: Company Name City County S Bid Amount Responsi T ve/ Responsi ble Waterfront Property Services, LLC Clearwater Pinellas F $2,197,180.00 Yes/Yes d/b/a Gator Dredging L Atlantic & Gulf Dredging & Indiantown Martin F $2,769,856.00 Yes/Yes Marine, LLC L Ahtna Marine and Construction Pompano Broward F $2,976,066.92 Yes/Yes Company, LLC Beach L Coastal Dredging Company, Inc. Hammond Tangipahoa L $3,146,397.07 Yes/Yes A Southwind Construction Evansville Vanderbur IN $4,118,922.37 Yes/Yes Corporation g Packet Pg. 546 11.0 12/14/2021 Weeks Marine, Inc. Covington St. L $4,685,780.00 Yes/Yes Tammany A Staff determined all bidders to be responsive and responsible and found that Waterfront Property Services, LLC d/b/a Gator Dredging ("Gator Dredging"), a Pinellas County company, as the lowest responsive and responsible bidder. Gator Dredging has been in business for sixteen (16) years and has performed many successful coastal dredging projects throughout the Florida. Gator dredging previously performed a successful Collier Creek dredging project for Collier County in 2016. Staff and engineering consultant, APTIM Environmental & Infrastructure, LLC determined the lowest bid is fair and reasonable and recommends awarding the contract to Waterfront Property Services, LLC d/b/a Gator Dredging. The engineer consultant and project manager evaluated references and deemed them acceptable in determining work of a similar magnitude completed within the last five years as a judge of its experience, skill and business standing and of its ability to conduct the work as completely and timely as required under the terms of the attached agreement. The bid is approximately 10.7% below the engineer consultant's $2,460,657.48 opinion of probable cost. The procurement Services Division concluded bidding was competitive and representative of market conditions. The bid tabulation, vendor reference logs, engineer's letter of recommendation (DELORA), the Notice of Recommended Award (NORA) and contract are attached. ADVISORY COMMITTEE RECOMMENDATIONS: This item will be presented to the Coastal Advisory Committee (CAC) on December 9, 2021, and the Tourist Development Committee (TDC) on January 24, 2022. This item will be presented to the BCC following the advisory board recommendations for the Board to authorize the expenditure of tourist development tax funds and make a finding that the expenditure promotes tourism. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. FISCAL IMPACT: To expedite the dredging project while waiting for the CAC and the TDC Boards to meet and make a recommendation on the expenditure of funds, budget amendments will be required to provide funds from County -Wide Capital Projects Fund (301) reserves in the amount of $1,589,538.87 and $607,641.13 to fund Wiggins Pass Project 80288 and Doctors Pass Project 90549 respectively. Once the CAC and TDC make a recommendation, this item will return to the Board to authorize the expenditure of funds and make a finding that the expenditure promotes tourism. Once approved, budget amendments will be required to establish the budget within TDC Beach Renourishment and Pass Maintenance Fund (195) and return funds to County -Wide Capital Project Fund (301) reserves. Partial reimbursement of this work may be provided by the Florida Department of Environmental Protection. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award Invitation to Bid ("ITB") No. 21-7935, "Wiggins Pass and Doctors Pass Dredge 2021-2022," to Waterfront Property Services, LLC dba Gator Dredging, in the amount of $2,197,180.00, authorize the Chair to sign the attached Agreement, and approve the attached budget amendments (Project No. 80288 & 90549). Prepared By: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division Packet Pg. 547 12/14/2021 ATTACHMENT(S) 1. 12.02.21 - 21-7935 - Bid Tabulation (PDF) 2. 11.18.21 - 21-7935 - DELORA (PDF) 3. 11.22.21 - 21-7935 - NORA - Signed (PDF) 4.21-7935 WaterfrontPropertyServsdbaGatorDredging_Insurance (PDF) 5. [LINKED] 12.03.21 - 21-7935 - Gator - Signed Contract (PDF) Packet Pg. 548 11.0 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 1 LC Doe ID: 20707 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 21-7935, "Wiggins Pass and Doctors Pass Dredge 2021-2022," to Waterfront Property Services, LLC d/b/a Gator Dredging, in the amount of $2,197,180.00, authorize the Chair to sign the attached Agreement and approve the attached budget amendments. (County -Wide Capital Projects Fund 301 / TDC Beach Renourishment and Pass Maintenance Fund 195, Project No. 80288 & 90549) (Andrew Miller, P.E., Manager - Coastal Zone Management, GMD) Meeting Date: 12/14/2021 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Farron Bevard 12/03/2021 10:41 AM Submitted by: Title: Director — Capital Project Planning, Impact Fees, and Program Management Name: Matthew McLean 12/03/2021 10:41 AM Approved By: Review: Growth Management Department Lissett DeLaRosa Growth Management Department Procurement Services Sandra Herrera Additional Reviewer Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Sue Zimmerman Additional Reviewer Community & Human Services Lisa Oien Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Jessica Arencibia Growth Management Department Lisa Abatemarco Additional Reviewer Growth Management Operations Support Raquel Ovares Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Growth Management Department Trinity Scott Transportation Grants Valerie Fleming Level 2 Grants Review County Attorney's Office Scott Teach Level 2 Attorney Review County Attorney's Office Colleen Greene Additional Reviewer Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/03/2021 1:14 PM Completed 12/03/2021 2:27 PM Completed 12/03/2021 3:24 PM Completed 12/03/2021 3:48 PM Completed 12/03/2021 3:53 PM Additional Reviewer Completed Completed 12/06/2021 12:48 PM Additional Reviewer Completed Additional Reviewer Completed Completed 12/07/2021 8:26 AM Completed 12/07/2021 8:53 AM Completed 12/07/2021 9:30 AM Completed 12/07/2021 9:33 AM Completed 12/07/2021 9:40 AM Packet Pg. 549 11.0 12/14/2021 Growth Management Operations Support Christopher Johnson County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Additional Reviewer Completed Completed 12/07/2021 1:49 PM Completed 12/08/2021 8:55 AM Completed 12/08/2021 9:11 AM 12/14/2021 9:00 AM Packet Pg. 550 mg muo|e� n|peme01ummpuemmo30 H:LZOZ uo|e■ mqL,_L PS-GC6-�Z-�ZZ -Z � :4uGwl43L4lV )}00 !«!«!«! !««!«!«!! ! ! ! ) !!\\!\| 11111111111111111111 MINIMIZE= 1111111111111111111 loilloillillill= 111111111111111111111 loilloillillill= «! !«!«!«! !««!«!«!! ! ! ! !! !/\7!/! ®!9 ��.•�� ` ) ) /) ` !/)-) t _ !a{\{ {G \ % 2.\l ! !»! #` _ tip ;! a e» ! •�E 9° # :• ! B>.;,§ - «®!, !I ! - .,l,� �`!!; 623 /��;!!! ;;.% § •:..r- ® `§ ;\;) | l:, ;!,« @ )t .l�:!`>t!`;; !E}!i;ltl;2l, ®<;#!; ;;;! !£t)! ! !l�::. | ; e,:■ y ,2,!!: 3 no ;,••• ! ��■ §!!�!!/|!\!;|;){!a!� ��a =z�m,w 6 �,,, / !) !; k a � k a 11.C.2 APTIM Lisa Oien Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 November 18, 2021 Re: Design Entity Letter of Recommended Award APTIM 6401 Congress Avenue Suite 140 Boca Raton, FL 33487 Tel: +1 561 361 3151 Stephen. Keehn@aptim.com Solicitation No. 21-7935 Wiggins Pass and Doctors Pass Dredge 2021-2022 Dear Lisa: Aptim Environmental & Infrastructure, LLC (APTIM) (EOR) has completed our review of the quotes submitted for the above referenced project and we are pleased to provide the following award recommendation. The scope of the Wiggins and Doctors Passes 2021-2022 dredging project includes mobilization/demobilization, environmental compliance and sediment QA/QC, Wiggins Pass and Doctor Pass Channel Dredging with Beach and/or Nearshore Disposal, including turbidity monitoring, construction surveys, beach tilling, construction access restoration, day marker removal and installation, monitoring and installation of turbidity curtains, and beach tilling. The disposal work will predominantly occur in three local parks: Barefoot, Delnor Wiggins and Lowdermilk Parks. Based on the bid tabulation (attached) provided by the Collier County Purchasing Division, Waterfront Property Services, LLC dba Gator Dredging. Waterfront Property Services, LLC dba Gator Dredging is the low bidder with a bid amount of $2,197,180.00, which is approximately $260,000 less than the project's Opinion of Probable Construction Cost (OPCC) amount of $2,460,657.48. Waterfront Property Services, LLC dba Gator Dredging is a dredging company with beach nourishment experience in the State of Florida, including in Collier County. The projects provided by Waterfront Property Services, LLC dba Gator Dredging as references are primarily government clients in Florida. APTIM contacted the provided references to discuss if the work performed by Waterfront Property Services, LLC dba Gator Dredging was similar in nature to the proposed Wiggins Pass and Doctors Passes Dredging and if they performed acceptably on the projects where responses were received. A few references were contacted, and we received responses as follows. In addition, Steve Keehn, the engineer of record for this project, worked with the bidder in 2016. Packet Pg. 552 ,>,. APTIM Honeymoon Island Beach Renourishment Reference — Brett D. Moore Mr. Moore gave a positive opinion for Gator Dredging, including that they have improved on their past performance. The staff of Gator was responsive to requirements of the Park and the engineer. They used HYPACK system and Tyler McDougal was their field engineer who was responsive and helpful throughout the project. They used an 18" dredge on this project and used High Pack dredging software successfully, with an experienced engineer. They were capable dredging in open Gulf of Mexico Waters and handling those wave conditions. 2. City of Ft. Pierce — City Marina Maintenance Dredging Reference — Edward Seissiger Called and left a message. 3. Horseshoe Beach Maintenance Dredging 6-foot Channel Reference — Jennifer Tyler Ms. Tyler stated the Corps was unable to make any comments, until completion of their rating of the project. She did report there were no issues with the work by Cator Dredging. 4. Apollo Beach Channels Reference — Brett D. Moore Gator constructed the DMMA on Apollo Beach Nature Preserve to specs, they performed maintenance dredging of the Apollo Beach waterway system (approximately 11,000 cy) and transferred sediment to the beach area from the DMMA. They remained in compliance with the regulatory permits. They used a small dredge and were susceptible to weather delays working on Tampa Bay. The equipment was much smaller than would be used to dredge Wiggins Pass and Doctors Pass and to dispose of the sand. They used HYPACK system and Tyler McDougal was their field engineer who was responsive and helpful throughout the project. The staff of Gator was responsive to requirements of Hillsborough County, the engineer's office, and the Apollo Beach Waterway Improvement Group (ABWIG). 5. Clearwater Pass Reference — Edward Chesney (Brook) Called and left a message. 11.C.2 as a 0 L a c 0 a� 0 r LO M N J w 0 LO M N N CO a� E U c0 rr r� Q Packet Pg. 553 ,> APTIM 6. Lake Seminole Restoration Project Reference — Rob Bumes Called and left a message, Not applicable project 7. Grand Canal Muck Removal Project Reference — Mike McGarry Left a message. Not applicable project 8. Canal C-29/C-21 Dredging for SFWMD Not applicable project 9. Collier Creek Dredging 2016 for Collier County. Additional Reference from current EOR: Stephen Keehn 11.C.2 APTIM was the engineer of record with Gator Dredging for the 2016 Collier Creek dredging project for Collier County. Gator Dredging and their project manager, Mr. Huggins, successfully completed the project. There was a conflict with the Hideaway Beach and Marco Island project that was occurring simultaneously; but the work was completed in a responsive and professional fashion, otherwise. This project and the simultaneously one for central Macro Island included exposed Gulf dredging situations, a capability needed for the Wiggins and Doctors Passes project. Based on the above information, APTIM recommends Waterfront Property Services, LLC dba Gator Dredging be awarded the Wiggins Pass and Doctors Pass Dredge 2021-2022 project in the amount of $2,197,180.00. Please feel free to call me with any questions. Very truly yours, —:y Step e eehn, PE Senior Coastal Engineer Aptim Environmental & Infrastructure, LLC cc: Andrew Miller, Collier County Coastal Zone Management Section 3 Packet Pg. 554 11.C.2 Co ier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7935 Reference Check by: Stephen Keehn, PE Solicitation Title: Wiggins Pass and Doctors Pass Dredge 2021-2022 Date: 11-17-2021 Bidder's Name: Gator Dredge Phone: 561.361.3151 Design Entity: REFERENCED PROJECT: FDEP Honeymoon Island Beach Project Project Name: Renourishment Location: Causeway Blvd. Dunedin, FL Dredging 160,000 cy of beach compatible sand from two borrow areas in the vicinity of Project Description: Hurricane Pass placing it within the beach fill template of Honeymoon Island Contract Completion Date: July 2021 Value: $1,817,641.00 Project Owner/Title: Florida Department of Environmental Protection Owner's Address: Phone: 239.825.6518 Owner's Contact Person: Brett D. Moore E-Mail: bdm@humistonandmoore.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, very professional staff 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? No Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 555 11.C.2 7. Additional comments: Mr. Moore gave a positive opinion for Gator Dredging, including that they have improved on their past performance. The staff of Gator Dredging was responsive to requirements of the park and the engineer. They used HYPACK system and Tyler McDougal was their field engineer who was responsive and helpful throughout the project. They used an 18" dredge on this project and used HYPACK dredging software successfully, with an experienced engineer. They were capable dredging in open Gulf of Mexico waters and handling those wave conditions. L a� a 0 L IL c 0 L L_ L CU 0 LO M a) ti N iI i J W LO M a) ti N N 00 r r C d L V R r r Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 556 11.C.2 Co ier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7935 Reference Check by: Andy Miller Solicitation Title: Wiggins Pass and Doctors Pass Dredge 2021-2022 Date: 11-23-21 Bidder's Name: Gator Dredge Phone: 239-252-2922 Design Entity: REFERENCED PROJECT: Project Name: City of Ft. Pierce — City Marina Maint. Dredging Project Location: City of Ft. Pierce Project Description: Dredging approx. 5,000 cy of sediment from marina entrance channel and floating dock basin Completion Date: February 2019 Contract Value: $427,486.00 Project Owner/Title: City of Ft. Pierce Owner's Address: 100 North U.S. #1, Ft. Pierce, FL 34950 Phone: 772-467-3773 Owner's Contact Person: Jack Andrews E-Mail: 1. Was project completed timely and within budget? (If not, provide detail) Yes, 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, No 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? No 7. Additional comments: Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 557 11.C.2 Co ier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7935 Reference Check by: Stephen Keehn, PE Solicitation Title: Wiggins Pass and Doctors Pass Dredge 2021-2022 Date: 11-17-2021 Bidder's Name: Gator Dredge Phone: 561.361.3151 Design Entity: REFERENCED PROJECT: Horseshoe Beach Maintenance Project Project Name: Dredging 6-Foot Project Location: Jacksonville, FL Removing shoaling from the Horseshoe Cove Entrance Channel and Turning Basin. Dredging Project Description: depth of 6 foot with 1 foot allowable overdepth Contract Completion Date: October 2021 Value: $2.7M Project Owner/Title: USACE 6735 Southpoint Drive Owner's Address: Jacksonville, FL Phone: 561.379.2854 Owner's Contact Person: Jennifer Tyler E-Mail: Jennifer.l.tyler@usace.army.mil 1. Was project completed timely and within budget? (If not, provide detail) No issues 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) No issues 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. No issues 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) No issues 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 558 11.C.2 7. Additional comments: Ms. Tyler stated the USACE was unable to make any comments, until completion of their rating of the project. She did report there were no issues with the work by Gator Dredging. J W LA M CD ti r N N 00 C d E t V R a+ a+ Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 559 11.C.2 Co ier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7935 Reference Check by: Stephen Keehn, PE Solicitation Title: Wiggins Pass and Doctors Pass Dredge 2021-2022 Date: 11-17-2021 Bidder's Name: Gator Dredge Phone: 561.361.3151 Design Entity: REFERENCED PROJECT: Apollo Beach North, Main and Project Project Name: South Channels Location: Apollo Beach Dredged approximately 11,000 cy of sediment from North, South and Main Channels Project Description: of Apollo Beach Contract Completion Date: December 2016 Value: $368,560 Project Owner/Title: Apollo Beach Waterways Improvement Group 5679 Strand Court Owner's Address: Naples, FL 34110 Phone: 239.825.6518 Owner's Contact Brett D. Person: Moore E-Mail: bdm@humistonandmoore.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, professional performance 4. Did the process run smoothly? Were there any changes? Describe below. Yes 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? No Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 560 11.C.2 7. Additional comments: Gator constructed the DMMA on Apollo Beach Nature Preserve to specs, they performed maintenance dredging of the Apollo Beach waterway system (approximately 11,000 cy) and transferred sediment to the beach area from the DMMA. They remained in compliance with the regulatory permits. They used a small dredge and were susceptible to weather delays working on Tampa Bay. The equipment was much smaller than would be used to dredge Wiggins Pass and Doctors Pass and to dispose of the sand. They used HYPACK system and Tyler McDougal was their field engineer who was responsive and helpful throughout the project. The staff of Gator was responsive to requirements of Hillsborough County, the engineer's office, and the Apollo Beach Waterway Improvement Group (ABWIG). L a� a 0 L c 0 4- L a� CU 0 r LO M a) ti N i1 i J W LO M a) ti N N 00 r r C d L V R r r Q Tab 2 - Appendix H2 - Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 561 11.C.2 Co ier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7935 Reference Check by: Andy Miller Solicitation Title: Wiggins Pass and Doctors Pass Dredge 2021-2022 Date: 11-23-21 Bidder's Name: Gator Dredge Phone: 239-252-2922 Design Entity: REFERENCED PROJECT: Project Name: Clearwater Pass Project Location: Clearwater, FL Project Description: 60,000 CY inlet dredge Completion Date: June, 2018 Contract Value: $1.2M Project Owner/Title: City of Clearwater, FL Owner's Address: Phone: 727-562-4959 Owner's Contact Person: Edward Chesney E-Mail: 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, No 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? No 7. Additional comments: Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 562 11.C.2 Co ier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7935 Reference Check by: Andy Miller Solicitation Title: Wiggins Pass and Doctors Pass Dredge 2021-2022 Date: 11-23-21 Bidder's Name: Gator Dredge Phone: 239-252-2922 Design Entity: REFERENCED PROJECT: Lake Seminole Restoration Project Project Name: Project Location: Lake Seminole, Pinellas County, FL Project Description: Removal of approx. 900,000 cy of nutrient rich sediment from the lake Dredging Completed Completion Date: October 2020 Contract Value: $18,663,220.00 Project Owner/Title: Pinellas County 22211 US 19 N. Bldg. 10, Owner's Address: Clearwater, FL 33765 Phone: 727-269-7227 Owner's Contact Person: Rob Burnes E-Mail: rburnes@pinellascounty.org 1. Was project completed timely and within budget? (If not, provide detail) Yes, ahead of schedule. 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, No 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? N/A 7. Additional comments: Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 563 11.C.2 Co ier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7935 Reference Check by: Andy Miller Solicitation Title: Wiggins Pass and Doctors Pass Dredge 2021-2022 Date: 11-23-21 Bidder's Name: Gator Dredge Phone: 239-252-2922 Design Entity: REFERENCED PROJECT: Project Name: Grand Canal Muck Removal Project Location: Brevard County, FL Project Description: Removal of approximately 479,000 cubic yards of nutrient laden muck Completion Date: Under construction Contract Value: $26M Project Owner/Title: Brevard County, FL Owner's Address: Phone: 321-537-1779 Owner's Contact Person: Mike McGary E-Mail: 1. Was project completed timely and within budget? (If not, provide detail) On schedule and on budget 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes - ongoing 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes - ongoing 4. Did the process run smoothly? Were there any changes? Describe below. Yes - ongoing 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) N/A - Still under construction 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? N/A - ongoing 7. Additional comments: Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 564 DocuSign Envelope ID: FA19BCCB-7210-401A-94D1-F556974FBOC1 Coer County Administrative Services Department Procurement Services Division Date: 11/22/2021 Notice of Recommended Award Solicitation No.: 21-7935 Title: Wiggins Pass and Doctors Pass Dredge 2021-2022 Bid Due Date and Time: November 9, 2021 by 3:00 pm 11.C.3 RESPONDENTS: Company Name City County ST Amount Responsive/ Responsible Waterfront Property Services, LLC dba Gator Dredging Clearwater Pinellas FL $2,197,180.00 Yes/Yes Atlantic & Gulf Dredging & Marine, LLC Indiantown Martin FL $2,769,856.00 Yes/Yes Ahtna Marine and Construction Company, LLC Pompano Beach Broward FL $2.976,066.92 Yes/Yes Coastal Dredging Company, Inc. Hammond Tangipahoa LA $3,146,397.07 Yes/Yes Southwind Construction Corporation Evansville Vanderburgh IN $4,118,922.37 Yes/Yes Weeks Marine, Inc. Covington St. Tammany LA $4,685,780.00 Yes/Yes Utilized Local Vendor Preference: Yes = No = N/A On October 15, 2021, the Procurement Services Division issued ITB Solicitation 21-7935 — Wiggins Pass and Doctors Pass Dredge 2021-2022, to twenty eight thousand one hundred seventy nine (28,179) vendors. Vendors viewed eighty six (86) bid packages and on November 9, 2021, the County received six (6) bids, as summarized above. Staff reviewed the bids received and found all six bidders to be responsive and responsible. Staff determined that Waterfront Property Services, LLC dba Gator Dredging is the lowest responsive and responsible bidder. Staff therefore recommends the contract be awarded to Waterfront Property Services, LLC dba Gator Dredging, the lowest responsive and responsible bidder, for a total contract amount of $2,197,180.00. by: Project Manager: Required Signatures Procurement Strategist: I 0-r'�� uitA�11/22/2021 16F473373478... Pic "Pffent Services Director: M�411& (kVu 11/22/2021 L !I4KrWh for Sandra Herrera a� a 0 L 11 r 0 0 Ln Cl) T ti IL Tab 2 - Appendix 11- Template — Notice of Recommended Award — NORA_rev 02-14-20 Packet Pg. 565 WATEPRO-01 11.C.4 '4coRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/3/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! N BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ O REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Z IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed m If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or H this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Construction Casualty Insurance, LLC 3637 4th Street North Suite 310 CONTACT Elissha Krieter NAME: -O PHONEFAX o, Ext): (727 ) 755-7541 (A/C, No): m ADDRESS: ekrieter@cci-ins.com O +' Saint Petersburg, FL 33704 INSURERS AFFORDING COVERAGE NAIC # r_ O INSURER A: Continental Insurance Co 35289 M INSURED Waterfront Property Services LLC DBA Gator Dredging 13630 50th Way North Clearwater, FL 33760 INSURER B : American Casualty Company of Reading, PA 20427 15792 018200 > 'D INSURER C :Underwriters at Lloyds London - IL INSURER D: PMA Companies, Inc. INSURER E: American Lon shore Mutual Association, Ltd. INSURER F : O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W D POLICY NUMBER POLICY EFF MM DD YYYY POLICY EXP MM DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS -MADE X OCCUR X X ML9780218-03 5/7/2021 5/7/2022 DAMAGE TO RENTED PREMISES Ea occurrence 100,1 $ X MED EXP (Any oneperson) $ 10,1 Marine General Liabi PERSONAL & ADV INJURY $ 1100011 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 X POLICY JECOT- LOC PRODUCTS - COMP/OP AGG $ 1,000,1 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,1 $ ' X BODILY INJURY Perperson) $ ANY AUTO X X 6071838062-03 5/7/2021 5/7/2022 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,1 X AGGREGATE $ 5,000,1 EXCESS LIAB CLAIMS -MADE X X E210117 5/7/2021 5/7/2022 DED X RETENTION $ 25,000 $ D W KERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE X OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A X 0965285Y-02 1/29/2021 1/29/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,1 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,1 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,1 $ A H&M -Protec & Indemn H0877591-03 5/7/2021 5/7/2022 Each Occurance 1,000,1 E USL&H ALMA01927-04 1/29/2021 1/29/2022 See Remarks E Jones Act 0965285Y-02 1/29/2021 1/29/2022 See Remarks DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) When required by written contract, the certificate holder is an Additional Insured on a primary and non-contributory basis, with regard to the General Liabili and Auto policies. A Waiver of Subrogation applies in favor of the certificate holder with regard to the General Liability, Auto, Workers' Compensation policies. Excess follows form. 30 day notice of cancellation applies; 10 days for non-payment of premium. Project Name: Collier County Wiggins and Doctors Pass When required by written contract, Collier County Board of County Commissioners, or Board of County Commissioners in Collier County, or Collier County Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE In M On ti N a N E ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 566 AGENCY CUSTOMER ID: WATEPRO-01 LOC #: 1 AFRO ADDITIONAL REMARKS SCHEDULE AGENCY 'onstruction Casualty Insurance, LLC POLICY NUMBER SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 ISEE P 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED Waterfront Property Services LLC DBA Gator Dredging 13630 50th Way North Clearwater, FL 33760 EFFECTIVE DATE: 11.C.4 Page 1 of r N Description of Operations/Locations/Vehicles: Government, or Collier County are listed as additional insured, on a primary non-contributory basis, with regard to the General Liability and Auto policies. LISL&H / Jones Act Limits: Bodily Injury by Accident: $1,000,000 each accident Bodily Injury by Disease: $1,000,000 policy limit Bodily Injury by Disease: $1,000,000 each employee In M h N C d t V fC r a ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 567 WATEPRO-01 11.C.4 ACORO CERTIFICATE OF LIABILITY INSURANCE FDATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: rL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! N BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ p REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Z IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed m If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement ol (— this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). v PRODUCER CONTACT Elissha Krieter NAME: -a PHONE o, Ext): (727) 755-7541 (A/c, No): m Construction Casualty Insurance, LLC 3637 4th Street North Suite 310 ADDRESS: ekrieter@cci-ins.com O Saint Petersburg, FL 33704 INSURERS AFFORDING COVERAGE NAIC # O INSURER A: Continental Insurance CO 35289 W INSURED INSURER B : American Casualty Company of Reading, PA 20427 > Waterfront Property Services LLC 15792 INSURER c:Underwriters at Lloyds London - IL DBA Gator Dredging 13630 50th Way North INSURER D : PMA Companies, Inc. 018200 INSURER E: Westchester Surplus Lines Insurance Com an Clearwater, FL 33760 10172 INSURER F : O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W D POLICY NUMBER POLICY EFF MM DD POLICY EXP MM DD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS -MADE I OCCUR LALIX X ML9780218-03 5/7/2021 5/7/2022 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,1 X MED EXP (Any oneperson) $ 1011 Marine General Liabi PERSONAL & ADV INJURY $ 1100091 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,00091 X POLICY El JERCOT1:1 LOC PRODUCTS - COMP/OP AGG $ 1,000,1 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,00091 $ X BODILY INJURY Perperson) $ ANY AUTO X X 6071838062-03 5/7/2021 5/7/2022 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE ccident Per accident) $ HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,1 X AGGREGATE $ 5900091 EXCESS LIAB CLAIMS -MADE X X E210117 5/7/2021 5/7/2022 DED X RETENTION $ 25,000 D W KERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?ANY ECUTIVE (Mandatory in NH) N /A X 0965285Y-02 1/29/2021 1/29/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,00091 $ E.L. DISEASE - EA EMPLOYEE $ 1,00091 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,00091 E Contractors Pollutio G46874560004 1/29/2021 1/29/2022 Gen Agg/ Each Occur 1,000,1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) When required by written contract, the certificate holder is an Additional Insured on a primary and non-contributory basis, with regard to the General Liabili and Auto policies. A Waiver of Subrogation applies in favor of the certificate holder with regard to the General Liability, Auto, Workers' Compensation policies. Excess follows form. 30 day notice of cancellation applies; 10 days for non-payment of premium. Project Name: Collier County Wiggins and Doctors Pass When required by written contract, Collier County Board of County Commissioners, or Board of County Commissioners in Collier County, or Collier County Government, or Collier County are listed as additional insured, on a primary non-contributory basis, with regard to the General Liability and Auto policies. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. d E AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 568 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Waterfront Property Services, LLC dlbla Gator Dredging ("Contractor") of 13630 5011 Way North, Clearwater, Florida 33760, a Florida Limited Liability Company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Wiggins Pass and Doctors Pass Dredge 2021-2022, Invitation to Bid No, 21-7936 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Aptim Environmental & Infrastructure, LLC 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 goad 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: Two Million One Hundred Ninety -Seven Thousand One Hundred Eighty Dollars ($2,197,186.00). 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 authofized 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.gov/c570/c570.html#certified. Should the Contract Amount be less 1 Construction Services Agreement, Revised 01.26.21 {v90} (sA 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 Liauidated 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 bate shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time") The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) 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 Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. D. 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 Eight Hundred Ten Dollars and Fifty Cents ($1,810.60) 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. 2 Construction Services Agreement: Revised 01.28.21 (00) `,� When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D, 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 cf 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. C. 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. M. 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. Exhi.b.its. Incorporated... Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #21-7936 "Wiggins Pass and [doctors Pass Dredge 2021.2022". 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 B-1: Payment Bond Forms ❑ Not Applicable Exhibit B-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements 3 Construction Services Agreement: Revised 01.28.21 (00) f (Cr10 Exhibit C' Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I; Supplemental Terms and Conditions ® Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #21-7935 "Wiggins Pass and Doctors pass Dredge 2021- 2022". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https:llwww.bidsvnc.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Aptim Environmental & Infrastructure, LLC ®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 Capital Project Planning, Impact Fees, and Program Management Coastal Zone Management Section 2685 South Horseshoe Drive, Unit 103 Naples, Florida 34104 Attn- Andrew Miller, Manager Phone: (239) 252-2922 Email: Andrew.Miller(cOcoiliercountvfl,aov 8. 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: Waterfront Property Services, LLC d/bla Gator Dredging 1363D 5011 Way North Clearwater, Florida 33760 Attn: Philip A. Findlay, Vice President Phone: (239) 727-527-1300 Email: P.Find layCa7gatordredclin_q.corn 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. a Construction Services Agreement: Revised 01.28.21 (00) �) (Cl Section 8. PUBLIC ENTITY CRIMES. 8A By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287,133(2)(a) of the Florida Statutes which read as follows. "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and 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 Construction Services Agreement: Revised 01.28.21 (vtb) i:i1C� Section 15. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears an its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order ❑f 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 Cons(ructlon Services Agreement: Revised 01.29.21 �00) IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FI T WITNESS S. Chris Clausen Date: 2—l zz ATTEST: Crystal K Kinzel, Clerk of Courts & Comptroller M Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: Waterfront Property Services, LLC dlbla Gator Dredging By: Philip A indlay 12/1/2021 Print Na e and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA m PENNY TAYLOR, Chair 7 Construction Services Agreement: Revised 01.28.21 (00) �►� fC \(1 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE). Construction Services Agreement: Revised 01.28.21 (v10) (:A[) Solicitation No, 2h7955 Tlte; w1ggliA Pais and 0-t-1 Past Dedal{a 2021.2022 Did Schedule Bidder Name Waterfront Property Services, LLC dba Qatar Dredging Ik[sm Description unit Quantity unitPrl4 Total earm,loli tasks 1 Mad hnikrrinamabVrdlon lwnp A,m 1 1943,000.00 s-143,0aga0 fit+YremnLnl+IserneurnnA-Jusp rmlMh7c Lwnpeuru I 470,UU4OP 576,04U.OU Wlgglnt Pass Chawidl Dredging With BeBel, and/or Nea7sfiore D11posel } lblawwsm15-Mu-2,4D cV. SIM9 Sic Do 5577,10UPe d WOW Ch4... I M. 2.091.0721n4C-2010Olt C.Y. 7.711 S10.00 577•330.09 TwlNllr hknae,lnr l„mp 5-1 l SI7,006,m S11,o00,00 e eomlyd�Llan s,lrren Nkhr m4A+wl t�mpS,nn 1 S�d,nd9,00 349,000.00 7 0—h TlIkp. 5V111%, Pn+ Llnrr, rr,t 1,715 Sj,Qn ST,SSO,Oq 1 CMm1wLlen Wm EAe W" IA I S1{1,000, nil SI11Llnq.{N, s 717nker hemarLle lnn.ht rtan 1n n 320c9,9c Slt n90.On Doctor Pisa Channel D19491119 Will pCaSh nndlor Neprshore e'I;po5Pl 20 msp>naB+sma[n1r.n+. channel rna•ooN1Cd-1? C.T. 24,504 5l{00 SI61,n0D.00 11 Sm,+n++oh+nit+L,v,elpra.,h,+edln,ft,Ch+nnd,re6,17.14.8, C.V, !Leon MOO 541,60M 12 Tulhrdllyhm.ndlpt+nalrnuNasron.lm,hldlt rCwldn, L.mpmm 2 SI7,OOa,oq S37,go0,0U !! ConuNnfan SWY.Ye Prr, pAWAA A*6u71 lvmptvm ! S40,0m.00 S40,000.011 rA aulh rllUN•nlyltsauLll Lute ltrl L,AW 5209 S.I,6a0,00 It eamnamm.A,.edp.,1 ... it- sA 1! $10,000.00 sla,no9,on ,6 oAwa tvN,m.Hl6Mmdnaan to + Sa,000,09 S1,D99.00 ST•I. Common Ta511s(70atolRams Il1k2i-SUBrOTAL 51m,goo.o9 sr-2 WlgginsPom Channel 0redging wlth Daaah and/or Nears hove Dlsposnl (Total of Items 1•9) SURTOTAL 5732,)t0.00 sT-7 Doctor Pass Chnnnal Dredging with Beach and/or Near5hore Disposal (Total 01 Items 20- 161 • Suurornt $2aq,�u9,w on owncrSAllowanctO 5x21,0oo,on TOTAL BASE BID 'total ; ST-1+ST•2 t ST•3 4 OA t2.1v'1.180,00 • Owner's Altowancka - for Owners USP- 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. Incluslon of the Allowance as part of the Contract price Is not a guarantee that the Contractor will be paid any parllon or the full amount of the 9 EXHIBITA-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS -PAGE) Construction Services Agreement: Revised 01.28.21 (v10) Appendix F— Template - Addendum Email: (I.ira,Olen@coillercotlntyfl.gov) Color CGommy Telephone: (239-252-8935) Nimini,,mmlive SPivices. Division pilfchatAnq ADDENDUM #1 Memorandum Date: October 26, 2021 From: Lisa Olen, Procurement Strategist To,. Interested Parties Subject: Addendum #1 21-7935 Solicitation #21-7935 Wiggins Pass and Doctors Pass Dredge 2021-2022 This addendum has been issued for the following Items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced 'solicitation, Addendum #1- Response to Question #28 in SidS nc • 21-7935 — Addendum #1 (question #28: Is It possible to provide bid tabulation for both Wiggins and Doctors pass for the past 10 years? Reocrds requests are limited to 7 years, See the following bid tabulation • 15-6415 —Bid Tabulation Wiggins Interim Channel Dredging -Addendum #1 • 18-7239 — Did Tabulation 2017 Wiggins and Doctors Dredge -Addendum #1 • 19-7655 — Bid Tabulation CC Dredging Projects -Addendum #1 Please acknowledge receipt of this Addendum and inclaIde with yorHr bid, (Sgnature) Waterfront Property Services LLC dba Gator (Marne of Firm) If you require addlOonal information, pieaie past a question on 1303yno on-line or contact me using the abova conlar,l information. ARmndlx F- rDmplalo—Addandum rev IMJ3-1rs (;r1 Appendix F--"rernpl,to. - Addendum Fmnil:(I_isa.Oion@colllereauntyll.gov) C1 11rce '' County Telephone: (239-252-8935) -AdmInlstralW Services Divlslon Purchasinq ADMNDUTA #2 Memorandum Date: November 3, 2021 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #2 21-7935 Sollcitation #f21-7935 Wiggins Pass and Doctors Pass Dredge 2021-2022 This addendum has been issued for the following Items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Addendum #2- Response to guostlons #31 a #33 BigS nc * 21-7935 — Addendum #2 Question #31. In order for the contractor to determine production rates, will the County please provide the station by station volume breakout? 4 21 7935 —Volumes by Subareas —Addendum #2 Questions 933. Please provide the attendance sheet from the pre-bld conference hold on October 25, 2021 as well as any presentations from the meeting. • 21-7935 — tare -bid Sign in Sheets — Addendum #;E2 • No presentations were provided at the pre -bid meeting. Please acknowledge receipt of this Addendum and Include with your bid. (Signotup6) 11 /412021 Me Waterfront Property Services, LLC -dbe Gator Dreclgln_q -- (Name of Firm) - if you require adrllllanal information, please, post a question on BidSyno on-line or contact me using the above conlect information. Appendix F-Template - Addendum -rev 14.18.18 0 Appandlx F- Template -Addend um Email: (l-isa.oien@i colllercoulatyfl.gcv) CO 7er Caul my telephone: (239-252-8935) AdmInlstrtative Ser0nes Division r+wcladaln9 ADDENDUM #3 Memorandum Date: November 3, 2021 From: Llsa Dien, Procurement Strategist To: Interested Parties Subject: Addendum #3 21-7935 Solicitation #21-7935 Wiggins Pass and Doctors Pass dredge 2021-2022 This addendum has been Issued for the following Items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule For the move referenced solicitation, Addendum #3 - 131d Due Mate Extension 21-7935 - Addendum 43 Sealed bids for the construction of Wiggins Pass and Doctors Pass dredge 2021-2022 will be received electronically until 3:00 P.M. LOCAL TIME, on the 54kday of November-242$ 9th day of November 2021 on the County's on-line bidding system. Please zlrknowledge recelpl-oF Ns Addendum and include with your bid. 1114/2021 Date Waterfront Property Services, LLC dba Gator Dredging (Name of Firm) If you require addltional information, please post a question on gldSync on-line or contact me using the above contact Information. ApnendlxF-Template —Addendum rev 10-18-19 0 Cciffer County Director, Proeuremcnt Services Division FORM l - BIT) RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLMRCOUN,ry, rt.,0RIDA u'Iggins Pass and d)octars Pass ]hedge 2021.2022 BID NO. 21-7935 Full NamenfBldder Wala ma Prouorly Services. LLC dba Gator Ur_ec1c0i-' Merin business Address 1 ifs. ❑ ri5}ili 1Ns,v N C,Ir�@[Wati?i . i=1._ 33760 Plttcc of Business 13630 5D1h VV jV-- i,-CdeatVrgW', FI ME) Toleplione No, 727-527•-1300_ Fax No, 727-527-1303 state Contractor's License fr:_ GQ'It 1512W.0 State or Florida Certificate of Auiltotlty Document Number L05000083238 SunBiz federal Tax Identification Number 20-340350 DUNS#._ 7 Qom` CCR# Cage Code 7AUCJ- To; 13OAftll OF COUNTY COMMISSIONERS Of COLLILR COUNTY, FLORIDA (hereina ler called the Omicr) Solldlatlo;i 21-n3S The tlndersigned, as Bidder deolnres that the only person or parties interested in this bid as principals are Illose named herein, that this Bid is submitted without collustan with tiny other person, firm or corporation; chat it leas v,amftflly examined tha location of the proposed Work, the proposed form of Agreement and all other Contract Docuhlhents and 13ond8, and the Cortowt Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder Will execute the Agreement hicluded in the Bidding Dootrtnc,nt% to provide all necessary machinery, tools, apparatus and other means or construction, including utility and u•ansportation services necessary to do all the Work, and furnish all t11e materials and equipment speoifed ar referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as thcrcin set forth, Furnish the Contractor's Bonds and Insurnpe;e specified in the General Conditions of the Contract, and to do all other things required or the Contractor by the C'onlracl Documents, and that it will take bill payment the sums set forth in the rollawing 131d. Sehodulo; Unit prices shall be provided In no more time two decimal putnts, and in Ilse case where further decilliai points are inadvevtoot tly provided, rounding to two decimal points ivill be conducted by l'racurcrticut Services Division strtff. Upon notification that its Bid has been awarded, tite 5ucce0flil Bidder will execute the Agreement form attached to the Bidding Documents within felt (10) calendar days and deliver the Surety Bond or Bonds and ]slsurance Certificates as tequired by the Contract Dommierrts, The bid security attached is to become the properly or the Owner in the event the Agreement, Insurance Certificates and Bonds nre not executed and delivered to Owner within the time above set forth, ifs liquidated damages, for the delay and additional expense to titre Owner, it being recognized that, since time is of the essence, Owner will suffer financin) floss Ifthe Stscoessl-lsl Bidder fails to execute, and deliver to Owner tllc required Agreement, lnsaranoe Certificates and Bonds within the required time period, In the event or such Failure, the total arnount of Owftcr's daniages, will be ditiicuit, if not impossible, to deflnitely ascertain and cluantify, It is hereby agreed that it is appropriate and fair ttat Owner receive liquidated damages ftom Construction Solicitation Doc rev t)2-21-2. 0 1012212021 1;35 PM P Collier County Sclldlation 21.7936 lice 5LICCeSALI Bidder in the even) it fails to mcute and deliver the Agreement, Insurance Certitientcs, and Bonds as required hereunder. The Successful milder hereby expressly waives and relinquishes any righl whlvh it stay have to seek to characterize the above noted liquidated damages as a penalty, %Ybich the parties agree represents a fair and reasonable estimate of Owner's actual damnges at the time of bidding if the Succcmfiail Bidder His to execute amcl deliver the Agreement, Insurance Certificates, and Ronds in a timely manner. upon receipt or the signed and approved agreement and Purchase Order, the tindersigned proposes to commence worts at the site `vilhio five (5) calendar days From the witlil oncenmil (late stipulated in the wrilten Notice to Proceed unless the Project Minuager, in writing, subsequently notifies the C:onlracior of a modliied (later) commencement date, The undersigatcd further agrees to sobstantiiilly complete all lvork covered by this Bid within tllllety (90) eonseetitive Calendar days, computed by excluding the commencement date and inclucliI)g the last (lay of such period, and to be fully completed to tine point of final acceptance by the Owner within Illirty (30) collsecutivc calendar clays after Substantial Completion, computed by excluding corttntailccinew date and including the last duy Of such period. Acceptance and acknowledged I)y an Atathorized Agent Signature: Title; Vice President Date: Construction Solicitation Doc rov 02-21-20 10/2212021 1:35 PM n. 7 Collier Caunly 5oildlallon 21.7935 r0RM 2- CONTRACTOR'S I(ZY PERSONNEL ASSIGNED TO THE PROJECT Wiggins Pm acid Doctors Psiss Dredge 2021.2022 Naive William .1. Coughlin III President ! CFO Ph 0p A. Findlay Vice President Construcdion Solicitation Doc rev 02-21-20 Bid No, 21.7935 Persomiel Cnlmor Canstruciion SL1pCdMC11dCi11 1J101-i3Ce Huggins Project Manager DAvid Cizv..l( 10I2=021 1;36 PM p. B 0 WIIIHa[<TfMI J. CotugiGpittny 11111 presidont 1 project Manager Watet-frorit i�mper-ty Set -vices, LLC (DOA Garin, Divrtcphig) education Mr. COUghlie has over 21) ymirs of Experience working on civil, environmental,. Lind marines projects in bolh New York and Florida. His experience includes "id - Civil Engineering Technology. ministration and management of dredging operations, storn,wator management Associates: Applied Science and design, transporlalionlroadway design, sanitary sewer design, Docgree, Stater University of Now environmental permitting, surface water hydrologic rind hydraUlic modeling, York, '1990 stormwater master plans and pollution prevention plans, marina ongineering and permitting. CortifIcations Mr. Coughlin Is tale Chief Executive OMC81- of Waterfront Property Services, 1.1_0 Professional Engineer (clba Gatot Dredging), His cktie S Include ctdministratiOn @net manaCjenient of Now York Operations of er marine cnl►tracling c.on►pnity specializing in dredging servir:es. (Inactive License No. Mr. Cou911111 has completed ar Is adminiatediig over 600 projects lochted O82015) HIrou911- crut SOtlthoast Unil0d States. Example projects for Waterfront Properly Services, 11C WGILIde the following: i-D P Curtified stormwater Insperlor USACE Manatee Hai -bar DMMA Offloading 2020 Projeol USACE Horseshoe Cove, M7intenance Dredging, 6-1^1 Relevant Softwnre Famlliarlty Pinellas Crounly Lake Seminole Restoration Dredging Brevard County'rurkey Creek (Dredging AutoCAD 2006 BI'MI'd County Grand Canal Dredging HYPACK savecrystal diver-Spr'ingsRaslaratiorl DREDCEPACK Florida Power & Light Turkey Polnt Goolincg Canals Dredging USACE t;xcplllNordlPro]ecls Stevenson Creel(Ecosystem Re,torattan ARC View GityofCap4Coral Canal Dredcging-AnnualContract EPA UWMM St. John's County TreaSLUe Beach Dredging(414,2010) City of Destin Emergency Old Pass LagoonDredging ProfesslonalAffillations His re►preselitative municipal experience inclrrdas: WEDA i-MLA rer the City of St. l3et0r3l)r.irg, Mr. Coughlin con►pleled marry public works pro- }ects as a project manager in the Engineering Department. His responsibilities included administration, clesign coordination, preparation of technical specifications, parmilting, contract bidding, and mnstructtor) adnninistration. Example projects for the City of St. Petersburg are listed below: bake Maggiore Restoration Uredglng ° Special Assessment Dredging Program Administrator Arterial Canal Dredginq Program Administrator NPi]ES Program Coordinator Stormwater Pipe Rehabilitation Various Locations " The Lake Maggiora Restoration Project was the restoration of a 380-acre natural lake. The restoration process Included a feasibility analysts, storm - water pre-treatment, and dredging and disposal of 1A milliall Cubic yards of organic sediment. This was a joint project between the City of St, Petersburg and the Southwest Water Management District with a cost or $20 million. National hlotrors and Awards American Public Works Association - Project of the Year 2000: Environment Project Less that► $2 Million; Ellicott Creels Trailway Extension, Project Manager for the Tomi of An►horst, 17+1 �4 0630 50TIi WAS' N, a C4.rpIiWATr'n, (11_(]IHIJA 3AY60 a Or'h1Ci:, 1"427.Mu ■ FAX: 727-SV-1343 c www.pntordredoinq,com 9 Philip alb Findlay Vice—l"resident I Project manager / Sujaorhtendelit Wat'edront Proporty Ser0ce-R, l..t_C (013A Gotor Lkedyirrrg) Erfuaatlarl Mr. I-indlFay hos, '12 years of experienm working as a Certified General R.A. Entrepreneurship & Contractor In both Florida and Ganrgia. His experrence includes 13usineas AdminisirEation, administrallon of dredging] operallons, equipment mr:lintenrancc & scheduling, Contral Michigan University, project admInistrolion and permitting- 2006 Caortlflctatlons Mr. Findlay is the Vice -President of Waterfront Propc':rty Sol -vices, I.,I_rr (dba 11orrtla Certifled General %Mor Drodglncd). His ditties Include adipinisiration and manage1110111 of a marine contracting company specializing in environmental restofatiwi and Contraalor IJCC3C 1 �123G0 dredging services- Mr. Findlay has admiNstrated or Is 7dministcring projects located lhroughocrt Flerido & Georgia. During his time with Gator Dredging Mr. Findlay has w1olked on nmjor dredging ploje ots Iocoted 'm thir Turkey Paint Nuclear Power Plant in I-lornastead, 171-, as well as the Turkey Creels Mook Removal Project ill Palm llay, Fl- Exrample projects for Waterfront Property Services, LLC include the following: ■ USACE Horseshoe Cove, Maintenance Dredging, 6-Foot Project 13revard County Turkey Creels Muck Removol Project Kings Bay Restmotion Project p FlorAa Power & Light Turkey Point Cooling genets Dredging ■ I OEP I-loneymoon Island -- [wash Restoration 4 Sl I_l160 County Taylor Creels — Restoration Dredging ■ 13revard County Grand Canal - Dredging Mr. r-indlay's previous professional experleiwe includes: From 2006 to 2008 Mr. Findlay served as Project Manager and Assistant Superintendent for varioua designtbuild projects- He was also responsible for managing and 8chedl1l111g projoGt timelines, draws, contracts, and on -rite project supervision. William Karns projects included condominiums, rental homes, marina yacht clubs, and assisted living facilities in the Treasure Island, FL area. From 2008 to the present, Mr_ Findlay continues to be President of Stafford Findlay Holdings, Inc,, based in Atlanta, Georgia. As President his duties Include owning and operating six franchised restaurants within the Atlanta area. Ile provides strategic leadership for the buildirlp and branding ct the franchise, and is also a franchise ardent and owner of the rights for territory of North Atlanta, *.'. 13630 50Tlf WAY N. o CLEARWATEll, FLORIDA 33760 • OFFICE: 727.527.1300 + FAX! 717-627-1303 • WWW.pillOYdhRd¢IIiIj.00111 MITT. i A Project Manacgei-1 Project SLII)0I`h1tend011t Watevkotit Pi-oper ty Servicos, 11C (00A Gator Wedging) Educatloli Executive Profile Mr. Cixek WITCrolly servos as Project Manager and Project Superintendent for Master's degree — Project Cntor Dredgierg, Mr. Cizek has a history or progressive experience In opemlions Management, DePaul maryageltinnt and business development, including project management of high - University, Chicago, profile construction jobs In Ilia fields of marine construction and excavation. Adept Illinois at identifying and never losing sight of brooder company goals: safety and quality, Bachelors Degree— Has over 28 years progression with one of The nation's leading marine and Marketing, DePaul dredging camp@ny. University, Chicago, Illinois Profosslonal Bxperlence Certifications 'Phalle Construction Coinpany, A `Cully Group Company, Hillsborough, NC Senior Project Manager a Project Management Institute, Member la Managing a large-scale project for the US. Army Corps of Engineers — 268i394 — Tampa Bay Jacksonville District. The project includes the construction of a new water control Florida Chapter structure 5-285 on the Herbert Hoover Dike rehabllllation program. The major Cartificate In Advanced features of work Included: Project Management, • Installation of a steel sheet pile cofferdam May 200B • site excavation of basin a OSHA -10 . cast In place reinforced concrete foundation and monoliths 4 OSHA - 30 . embankment fill restoration o Installation of control bullding and electrical components. Skill Highlights Maintaining the project budget, schedule, monthly financial reports and client • Project Management billings. Build relationships with the Corps while developing RFP's and Change Leadership) Order Requests. Mentored and training Assistant Project Managers and site Communication Skills personnel while including cost-beneflt analysis strategy, Business Operations Organization Inland Dredging Company, LLC, Dyersburg, TN - Senior Project Manager 0 Multi -Unit Operations Management Managed multiple large-scale projects simultaneously for the US. Army Corps of Safety Awareness Engineers, GT Logistics, and (lie Port Authority of Part Arthur, Texas. Maintaining Training the project budgets, schedule, monthly financial reports and client billings. • problem Resolution Achieved quality control standards that comply with permits, design specificatio" and provide for a safe IF work environment Established and maintained relationships with all clients and third parties while developing change order requests. Mentored and trained project engineers and site personnel Including cask -benefit analysis. Orlon Marine Group, Tampa, FI_ - Project Manager 1 Senior Project Manager ! Operations Manager Served as Senior PM by way of bold Prime and Subcontractor on large and diverse construction contracts, Advanced to role as Operations Manager executing multiple on -going projects. A hands-on professional leader that delivers with results orientated focus. Seasoned in project management, contract negotiations, project estimating and bidding, business development, scheduling, project controls, and problem solving, I ft 0610 $0114 W► V N. a CLEARWATER, FLORIDA 33760 a OPTIC 727. 27-1900 a FAX: 727-97.7-1ao.l a Www,0nl0rr)rad0111q.cah1 OCA StVtPMel7t Of t-Jrrt.rOffi rrt' 011-S dorace 'Junior' Miguins Superintendent Waterfront Property $ervires, LL.0 (dba Gator Dredging) Education MI'. l"lugg'rns CLII7e111 serves a Project Superintendent and has over 40 years Diploma, Rlauntstawn High of experience ill working nn ertivirunmenlal and mrarina construction projects School - Blountstown, FL, all over the Unlled Slates. His extensive experience includes extensive •k 981 mechanical and hydraulic drod00 opal'atiohs Wol'Itincg for Various large -male dredging/marina construction firms over (he years Ineluriing: Certif1rations p OSl IA 30 Codified A Seurlu 1,41,01,11ars sowing as Drudge I.evermon Coastal Drodcgincd serving as Superintendent Deep SOLIth Dredging serving as SuperintelldeW Skills Highlights 4 Cashman i]radging serving as Superinlendeni 1:110 I'Dj8[:t Mt711�C�SJf11(�11t Lono Dredgirlgll-lauling serving as Projact Meatiager a Subaclucaus Seivlces serving as Project Manager 4 i'I'ojr cl xeculiniy Mike Hooks serving as Civil E1lgineer, QC Manager and P t oadei'sk'>Iip Superintendent + COMMIL nICati0n a EMC Englneedtlg serving as QC Represenlative BLIGIIIG'GS 0J)eI cltl0I)S c MLIM-Unit OPe1-FrA01115 His representative experience for marine & freshwater dredgingl Management improvement/resloraGon projeds Include: o Safety Awnrone�ss 'l'r�airrlrlr� ss 1 S f etcslrl G a Resat ¢ USACE — Horseshoe Cove 6-Foot Dredging Projert Long Reach Excavators Long Re a Pinellas County — Lake Seminole Muck Removal ■ f]radc�vs ° F•I.MD. — Big Carlos Pass Dredging & Beach Renourlshment n Dredge Qperatlng f=,I.N.p, —New Pass Dredging & Beach fenaurlshment V Dredge Maintenance 0 Dredge Troubleshooting iSfSU 667H WAY N, n CI.BARWAI'I!li+ I'I. 387GI1 v pri'TCEr 727-627.1300 t PRxt 727-5V-1308 P wWw.palnrrltndpUrg.ram L , .i. 0 Collier County Sollellallon 21- f43G FORM 3 - MATERIAL MANUFACTURERS TIiIS FORM MUST BE COMPETED OR DID SHALT, BE DCCMED NON-RESPONSIV1E All Bidders shall confirm by signature that they will provide the manItthottfrers and materials outlined in Ellis [aid specifications, illClUding compliance with Florida Stfttulc 255.20 to provide htntber, tliukr and ofhcr forest products produced slid niftnufactured in the State or Florida as long as the price, illness and qualify are equat. Cxcelitiolls (when equals are acce)table) nlny be requested by completing the Material Manufacturer Exception List below. If All exception for ft manufacturer anwor material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall ful•nlsh (lie manufacturer named in the specification. Acceptance of this rorm does not constitute acceptance of material proposed ❑n this list. Complcle and sign section A OIz 13, Section A (Acceptance of all immuNctrU•es and materials in Rid specifications) On behali'afnly firm, I Conlil'111 [lint we will USC ali MOD Ll fact u rers and fnalerials as specifically outlInM na file 13id specifcfatlolls. Company; r�y-9r-Vlc�LC dba Gator Dredging Signature; Date; � Section 3 (Exception requested to Bid Specifications manufacturers and materials) EXCEPTION MATERIAL 3. 4. 5, I'lease insert additional pages as necessary. Company: Signature: Construction SoiicitalOn Doc rev 02-21-20 EXCEPTION MANUFACTURE Date IW221202i 1:35 PM P Collier Caunly sallcltallan 21-7935 FORM 4 - GIST OF MAJOR SUBCOIV` UACTORS TI-I IS GIST M UST" QF COMPLETED OR DID MAY BE DEEMED NON -RESPONSIVE The Undersigned sillies thnI the following is a list of the proposed subcontractors for Ilse nitljor categories outlined ill the requirements of the [aid specifications. TIIC undersigned acknowledges its responsibility 1101- WSllr111g 111nl file 5iibC0ntrRClorS f0r 111C E11HjOE' Categories listed IICTCIII Eire "qualified" (as defined ill Ordinance 2017-08 and Suilotl 15 of Instructions to Bidders) and meet all legal requirements applicrtble to and necessitated by the Conlrael Documents, including, hat trot limited to proper licenses, Ceti itacations, registrntions and insurmice coverage. The Owner reserVes Ilse right to disqualify Any Bidder who includes non-compliam or nanl qualificd SLIhCO11tl-00IO1'6 in its hid offer. Further, the Owner may dircel the SlleceSsflll Bidder to rernovelreplace any Subaonlraclol', at 110 additional cost to Owner, which is fouled to be non- compliant with this requirement either before or after the issuance of the Award ofContracl by Owner. (Attach additional sheets ns needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in aecordancc with tho requirements of the Calltl'nCI QOcunlents, the SucoessH Bidder shall identify all Subconlractors it intends to use on the Project. The undersigned flll'111e1' agrees thus all Subcolltraclors subsequently identiFicd for any portion of work oil this Project must be qualified as elated above. Major Category of Work Subcontfactot and Address I. Sul -Vey Pnrk CGOTA i Sltrvey 1320 10111 SI E. Palmetic , FL 14221 2, Ellvilvilmental 3. Identify other subcontractors illat represent more 111RII 10% of price 01' Ilim affect Elio critical path of the schedule Company: Sigllalllro: Constructiotl Solicitation Doc rev 02-21-20 Date: wW 041 1W2212D21 1:36 PEN 0.10 (C Dv) FORM s - S"rATEm ENT OF EXPERIENCE OF JUDDER The, Bidder is mquired to state Wow what work of shi'diar magnitude completed within the last Five (5) years is d.judge ofits experience, shill and bLlSltle$S standing and of its ability to COIXIIICt thG work as completely and as rapidly as required under the terms of Ilse Agreement. I . I'DEP Hlerle moon Islnrrd BeaCll R011OLlrhstallefll Florida Depl of DiWol mmil Prolodlorl (rroleel name) (project owner) 61 1 Causeway Wud. tlttttedln, H.:14(im (Project location) uredring IGo,I ooq of be -up com1woble snnd Irons Two lrtrrow areas lis iho vlcimtV of Hutricrine Pats description) March 20211 July 2021 _ $ I.817.64I m (hl-ojeot stal'ticv171pletioll (latcs) (contract value) (Owner's address) Clrell IU, Mntlre P "IdoId (Owner's contact Person) (11tie) 23b-825.6510 (phone) City of FI Plorca - Oly Marina Malntunmice Medpfng City of Fl, Pierce_ (project name) (project owner) City of Fl. Pierce (project location) I7DM®hunlislonandrIgore,ml'o (email) 100 Narlh U.S. #1 Dori Pierce FL 34050 (OVVr1el"S address) Drerlging Approximelely 54pOry of 5adimv�lt From the illnrlrla_erllra4tC@ Clrarinel arld floatinfl dock basin Edwaid 5elssl er Project Manager (project description) (Owner's contact parson) (title) Qaceitther7Uii3 fi811lllALy ttliL $ 427.488.DD (project staiticompletion dales) (cdtltrgct value) HnrsPshner Beach Maintenance Uredging a -Fool PrgecI (project name) T T Horseshoe Beach Dlxle CtlrrntV. FL ((p�roject location) i�ell Vlog Shoaling from the Horseshoe Cave Entrance Channel and Tum Basin, Dredaina depth of G,foul wll i foot allowable overdenth (projecl description) 121202Q-1012021 $ 2.745.397 8D (project start/completion dales) (contract value) Coostruction Solicitation Doc rev 02-21-20 772•467.3700 eseissgotecily•flPlamt'.com (phone') (entail) (project owner) 6735 Soutnp6 I Dr, JocksenVitle, Pl- 3W G (Owner's address) Jennifor Tyler Pru ecl Engineer (Owner's calliact person) (title) 5d1-371)-Mi4 mil (Phone) (entail) 4. FORM 5-STATENILNTOF EXPERIENCE OF BIDDER Apollo Beach Norlh, Main ¢and Sgull7 ChnrtinPls Apollo beach Waterways fmProvmoni Group (project name) (project owner) I hlntlston & Muaro hngloeers Apollo Beacli North, Maln and Saulh Channels 5679 Strand Cotul k1aolrm FL 3d'L 10 (project location) (Owner's address) Dredged Arproximaiely I t,4 y of sedktteltl front North, soulTt and I n Channels of Aeallp 13esch _ __ Well 13, Worc- —_ President (project desCHPtiall) (Owner's contact per:gntll) (title) ,tuna 20Iff - Dec'miler 201r1 $ 308,5=00 (project completion date) (contract value) Clearwater Peas (project name) — M Soulli Gulfvlew Blvd. _231)-9GG-0644 13DM(Oliutrtlslonandrllootr_cent (phone) (email) — — — Cily of Clearwater (project owner) ClearWater, FL 100 S. M_yrlle Ave Clearwaler, FL 33750 (project location) (Owner's address) — Dredged 14,000cy of maledal Irom Clearwater Pass r ,��, s� ney,_� Environmental Mang Dredged (project description) (Owner's contact person) � � (title) Augusl 2016 • January 20 t7 $ 310,752,00 727- i62_4742 ed.chesney@rnyclearwater.com (project completion date) (conlrnct Value) (phone) (email) Lake Seminnle Restoration Pi,ciect Pinellas County (projecl nallie) (project owner) Lake Seminole, Pinellas Counly , FL 22211 US N N Bldg, 10 Cloarwater, FL 33765 (ern ect location) (Owner's address) 0000vat of approxhnalely o00.004cy or nuirlent rich sedlinenl from the IAke, using a 14-inch Ellicott 670 Cullerhead Dredppe. Ma3lerlal was um h 1ltrou •I 1,000feet of elpe to a 26acre DMMA Rob Bumes Envlronmenlal Manager (f-c (i Mptioa) (Owner's Contact person) (title:) Oregfng Completed October 2020 $18,063,220,00 (project completion date) (conlracl value) Company; Signature: a e: yJami LLC dba Garor bredi Conslruct)on Sollcllallon Doc rov 02-21-20 727-453.3149 (phone) rburnes@pinal lascotrnty. nrg__ _ (email) Y]nic: ' l f 9 FORM 5-S`1'ATEM ENTOF EXPERIENCE OF Wl]OER 7. Grand Canal Mu_ckRamoval project Brevard County (project namn) (project owner) 8. Pinsda Causeway rend Call n1 2728 Judge Fran JEilje90n WaY Mara, ri, 32940_ r( YOIpt A1 (Owner's address) — R9mbCvltngIOCappli41r4lmately 479,000cy of nutrient laden sediment from the Grand Canal to a DMMA treatment si $ McGarry PM tjW Rgorrarlilla Iivrlr�iil Q[I3fJge_ (piaject descrittion) (Owner's corxtacl person) (title) Stal:ledJlrne 2019._On Going_ $ 26,500,000,00 321-372-5194 mike.rnrcJrarry(r hreyprditgcry_ (project completion dale) (conlrael value) (Pholre) (omall) Canals C-20 l C-21 (pl-oJect name) SFVVM Q (projec(owner) Clewiston. FL 3301 Gun Club Rd, West Palm Qeach, fL 33406 fiornovpl and plaeerl (erne ea�ion� (Owner's address) o y o ma erial In sugar cane fields awned by U.S. Suggar. prolecl was perfornied using a E111co11670 14-Inch Cullerhead dredge Roaalyn Eillralon PM (project description) (Owner's contact persinn) (title) 9. Nov. 2019 $ 2,O1F3,750.00 5(31-082-e918 rellingtol)@Sfwmd.goy — (Project cornptction da(e) (contract value) (Plione) (entai I) (}project name) (project location) (prrolect descriptloli) (project completion date) Cornp:xny: Wa signature: (contract value) LLC dba Gator Construction Solicitation Doc rev 02-21-20 (project owner) (Owner's address) (owner's Contact persari) (title) (Phalle) (ernall) idging Date: 11 /412021 9 Collier County svlIritatVon Pl-7035 compaify: Water Signa(ure.. FORM G - TRENCH SAFE,rY ACT Nte; JZ�*/? ( Sidder acknowledges flint included in Ilse various items of Ilse bid and in the Tale) Bid Price Ore costs for complying Willi the Florida 'french Safety Act (90-96, Laws of Florida) effeclive October I, 1990. The Birlder further identifies the cost to be summarized below: Trench Safety Dolts of Unit Unit Extended Cost measum Measure (Quentityl Cost Mcsoriplion� LAY) 1. 2. 3. 4. 5. N/A NA NIA NIA N/A TOTAL $ Failure to complete the above may resell in the Bid being declared non -responsive. Company; 5ignaturc: Construction Solicitation Doe rev 02-21-20 Date; 1012212021 1:35 PM P� 14 Colllor Counly 80110tatlon 21-7036 FORM 7 - liW BOND KNOW ALL MEN BY TIIESL� PRESENTS, that we ba QaIarnDred inrly services, Lt c d (herein alter called the Principal) and rr©nkonmuth Mutual loaurancg Company _ , (hcroln culled the Sttroty), a corporation Chartered and existing under the laws of ilia State of Mtchgan with Its prinolpal offices in tho city of Frankenmuth. MI and nuth❑rizod to do, business In 1110 State of Flnrlda-- _ . _ arc held aqd firmly bound tinto the tIQard or.Counly.C❑mmisstongrs Caller pounty, Florlda , (hereinafter called the Owner), In the full and just sum of Fi q p=gpL4LAWgun1 Bid dollars ($_rz% ptAmount Bad i good and lawful money of the United States of America, to he pold upon demand of ilia Owner, to which payment well and truly to be made, fllc Principal and Ilia Surely hind themselves, their heirs, and executors, administrators, and nssigns, jointly And severally and firmly by these presents. Whetuss, the Principal Is about to submit, or has submitted to the Owner, a [aid for furnishing all labor, materials, equipment and Ineldentnis necessary to furnish, install, and fully completo the Work on the Proje❑t known as Bid No. 21-1935 •- Wiggins Pass and Doctors Pass Dredge 2021-2022. NOW, THEREFORE, If the Owner shall accept the Sid or the PRINCIPAL and the PRINCIPAL shall t liter Into the required Agreement with the Owner and within ten days after the date of written Notice of Award in accordance with the terms of such Bld, and give such band or bonds In rill amount of 100% the total Contract Amount as spccifiad In the Bidding Documents oe Contract Documents with good and Sufficient surety for the Wihfitl performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of tilt failuro of the PRINCIPAL to enter into, such Agreement or to give such boisd or bonds, and dellvor to owner the required ocrtiflcates of insurance, if the PRINCIPAL shall pay to the OBLIOL+V, the fixed sum OF $ imo.50 noted above as liquidated dainagm, and not as a penalty, as provided in the Bidding Documents, then Ihls obligation shall be null and void, otherwise to remain in full Force and effect. IN TESTIMONY Thereof, the Principal find Surety hgve caused these presents to be duly signed and scaled this 5th day of November ,, 20 21 BY Countersigned NA Appointod Producing Agent for Prankeoroulb Muula c Principal (Seal) Surely (5cei) IN2212071 1:36 PM p.15 FRANNE, NMUTH MUTUAL INSURANCE COMPANY POWER OF T,MRNl,.Y KNOW ALL MEN BY THESE PRESENTS, that Frankenmuth Mutual Insurance Company (the "Company"), a corporation duly organized and exIsling under the laws of the State ofMiclilgan, having its princlpal office nt I Mutual Avenue, Frankenmuth, Michigan 0787, does hereby nominato, constitute and appoint: Kevin Vtlojtcwlcz, John R Neu, Laura Mosholder, Tracey C. Brown, David R. Turcios, Jessica P. Reno Their true and lawful att❑rney(s)-imfact, each In theirseparatc capacity if more than one is named above, to mako, execute, seal, acknowledge and deliver any and al I bonds, contracts and unclartakings of suretyship, with the exceptlon of Financial Guaranty Insurance, provided, however, that the penal sum of any one such instrument shall not exceed the sum of: Fifty Million and 001100 Dollars ($50,000,000) This Power of Attorney Is granted pursuant to the following Resolution duly adopted at a kneeling of the Board of Directors of F'rankenmuih Mutual tnaurance Company "RUSOLVED, that the President, Senior Vito Pruddent or Vice President and each of them under their respective designations, hereby is authorized to execute powers of attomey, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer of the Company, qualifying the attorney(s) named In the given power of attorney, to execute an bohalf of, and acknowledge as the act and deed ❑fI rankenmuth Mutual Insuranw Company on all bonds, aontmets and undertakings of suretyship, and to affix the corporate seal thereto." IN WITNASS WHEREOF, the Company has caused thase presents tQ be signed and attested by Its appropriate officers and its coiporaro seal hereunto affixed this � day of �i , M. r- Frankenmuth Mutual Insurance Company u r - [Ye BricAdm�and, ., President and Chief Operating Officer _ � w ti a' ATE {}VMIEj1IGAN,, j d til17Y OF SAGINAW.') a91 Sworn to before mn, a notary Publte to thu State of Michigan, by Frederick A, Edmond, Jr., ho me parsvnally known to be the indlvidM And officer described in, and who executed the preceding instrument, daposed and said the Corporate Seal and his signature as Ofiloer were affixed and subscribed to Bald Inshvmctht by the auiherlty ofthe Company IN TESTIMONY WHEREOF, I have sot my hand, and affixed my Official Seal this j jhday of ScpxsmUr. -ti eJ (Seal) 4 Dianne L. Voss, Notary PuWc r - SaSinaw Couaty, Shata of Michigaa My Commission Explmg July 23, 2024 1, the undersigned, Vice President of Eraakowiiuth Mutual Insurance Company, do thereby certify that the foregoing is a true, tort-ect and complete copy of the original power of Attorney; that said Power of Attorney has not been revoked or rescinded and is In full force and effect as of this date. IN WITNESS Wffri EOF, I }cave set my hand and affixed the Seal of the Company, this 5th _ day of November , 20 _Z. Andrew H. Knudsen, Vice President ALL CORRESPONDENCE RCL✓ITED TO BOND VALIPATIONANDIOR A CLAIMSHO UI.LD fiE DIRECTED TO THEDIRECTOR Or SURETV, 70I US ROUTHONB, SUITE I, YARMOUTH, MR 04096 Cotner Counly SaAcliatlon 21-7W F011;M8- INSURANCE ANDBONDING R QUIREMi:NTS The Vendor shall at its, owe expense, tarty and mainlain lnsiti'ltnce coverage fl'oni responsible cmilpRrlics dilly authorized to d❑ business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall pr'ocurc rind mAininin property insurance upon the entire project, if'required, to the fill] insurable value of tllc scope of Work. Tile Cuutity and the Vendor waive against each other and Ilse County's Sepal -die Vendors, Gonlraclors, Dicsign Consultant, Subcontractors, agents and employees of mall and nil of them, all der ages covered by property hisurance provided herein, except 9nch rights as they may have to till: imueeds of 5imh insurance, Tile Vendor and County, shall, where appropriate, requir'e'3inlilal' WRiYeI•B Of St117rO&R11011 from the Counly's separate Vendors, Dimign Consuhantsand Subcontractors and shall requirsaeach of them to include similar waivers in their contracts. Collier County shall be responsible for purciming find maintaining its own liubilily insurance. Certificates issued ss a result LW Ille Rward of this solicitation roust identity "For any and all work performed on behnlfofC:ollier County", or, lhe.spnaiFIG Sol ioflation tunnber and title. The General Liability Policy pravidcd by Vendor to rate( the requirements of this Solicitation shall ilatlle Collier Colutty, Floridn, as an additional insured as to [he opertttloats of Vendor under this 5clHuitalion and dill contain a severability of in lerests provisions. The Cediticate Holder shall be namiLd :ts Collier County Board or County Cotnmisyioners, OR, Board of County Coin inissioners in Collier County, OR Collier County Government, Olt Collier Counly. Thu certificates of hlsuronce must stale the Contract Number, or Project Number, or specific Project description, or must read; For arty and alf work perforated on behalfofCollier Comity. The amounts and types of insurance coverage sliilll conform to the minimmil requirements set forth in FORM 8 with [lie use or insurance Services Office (ISO) rorms and endorsements or lheir equivalents. If Vcndor has any self insured [•elentions or deductibles under nny of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance tile, nature and amount of such self- insured i-etentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self insured retentions or deductibles will be Vendor's sole responsibility. Coversige(s,) shall be maitlt;tined without inter-ruption from (lie date of commencement of the Work until the date of completion and acceptance of [lie scope of work by the Counly or as specirled In [his solicitation, whichever is longer. The Vendor andlor its insurance carrier shull provide thirty (30) days written police to the Cotnity of policy cancellation or non renewal on the pall of the insurance carrier or ilia Vendor. The Vendor shall also Notify the Counly, in a like manner, within twonty-four (24) liours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coveragu or limits s'eceived by Vendor from its insurer and nothing contained herein Shall relieve Vendor of this requirement 10 provide llnlice. In ilia event of a reduction in the aggrer ato limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the firll extent permitted under such policy. Should at any time (lie Vendor not miliritain the irlSul•ance coverilgeU required herein, fhe County May ternlinute the Agreement or al its cols~ discretion shall be authorized to purchase such coverageL,g and charge the Vendor for such coveragaL Purchased. if Vendol' fails to reimblu'se the County for such posts within thinly (30) days alter demand, Tile County has the right to offset these costs from any nmounl due Vendor under this Agreement or any olher agreement between 111C Caunl)l and Vendor. The County shall be under no obligation (o purchase such insurance, riot' shall it be responsible for the <=erageL) purchnsed or the insurance company or companies used, The decision of the County to purchase such insurance coverngeLq) shall in no way be conslrued to he a waiver of any of its rights under the Contract Documents. Ifthr initial or any subsequently issued Certificate of insurance expires prior to the completion of the scope of work, the. Vendor shall firt•nish to the County renewal or replacement Ceriificaic(s) of lnsurance not later than ten (10) 10122=21 126 Pm p, to OCAU Collier County Solicitation 21-7935 calendar [lays after ilia expiration dale, oil tile, carlilicale, Failure of the Vendor to provide the County ►vilh such renewal certificale(s) shall be considered jusiiftcatinll ror IheCounly to lenninale any And rill eontraCts. Collier County Flovida 111811rance and Bonding Requivenlents insurance J Bond Type Requit'c[I Limits 1. ® Worker's Compensation Stalulory Limits of Florida Statutes, Chapler 440 and all federal GUveritlnent Slalutory LfmltsHnd Requirements Evidence of Workers' collipensNiarl coverage or a Cerliftcate of Punlplian isstied by the Slate of Florida is required. Entities ilial are Formed ns Sole Propl'ielorship' RIIHII 11ol be required to ilroYlde a ju'aor or uNamptiOtl. An application for exemption can be Obtained Online at lil(11s�lJ�lrti; fi[I I's,�.•nit7lbuecx�'1i i]11% 2. ® Employer's Liability $_1,000,000 single limit Per occurreI4ce 7. Commercial Cenei-al Bodily Injury and Properly Damage Liability (Occurrence Form) patterned after the $_1,000,000_single limil per occurrence, $3,000,000 aggregate for Bodily injury current ISO form Liability and Properly Damage Liability. This shall Include Premises and Operalions; Indepondolit Conlrartors; Products Aind Compleled operalions riled Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ConlractorlVendor shall defend, indemnify and hold linnille5S Collier County, its officers and employees rrom any and all liabilities, damages, losses and costs, including, but trot limited la, reasonable attorneys' fees and paralegals' fees, to the cxtenl caused by the negllgetice, recklessness, ar intentionally wrongful conduct or the Contractor) Vender or anya:le employed or utilized by lice COnh'aCtOI-Neadar In the performance of this Agreement. 5. ® Automobile Liability $_1,000,000 Cach Occurrence; Bodily Injury & Property Damage, OwnedfNon-own ed/Hired; Automobile Included G. ® Other in5111111Ce as Z Watercraft $ 1,000,000 Ver OCCurrenCe noted: ® United States Longshoreman's and Flarborworker's Act coverage shall be maintaillcd where applicable to the clampletinll of 111e work. $ 1,1100,000 Per Occurrence ® Maritime Covei,age (Jones Act) shell be maintained where Applicable to the completion of the work. $ 1,1100,0VO Per Occurrence ❑ Aircraft Liabilily coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to 111e completion of the Services under this Agreement, $ Per Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liabilily $ Per claim & in (lie aggregate ❑ Project Professional Liabilily S� Per Occurrence ❑ Valuable Papers Insurance S Per Occurrence ❑ Cyber Liability $ Per Occurrence 1012212021 1:35 PIN p. 17 0 collier counly 8ollcllallon 21-7035 Ll Technology Errors & Omissions $ her Occurrence 7. 0 Bid bond Sholl be submitted with proposal response in the forth of certified funds, cashiers' check or an irrevocable latter of credit, a cash bond hosted Willi the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made jmynble to tllc Collier County Board of County Commissioners on it bank or trust company located in the Stale of Florida and bistired by the Federal Deposit 1118LI1'artee C;o1'p0ralian. R. ® Perfornmtve and For projects in excess of $200,000, bonds shall be submilted with the executed Paynicnl Bonds contract by Proposers receiving award, and written for 100% of the comraw award amount, the cost borne by the Proposer receiving an award. The Nrf❑rmnllce acid Payment Bonds shall be underwritten by a surety authorized 10 do business In the Stott of Florida and otherwise ncceptnble to Owner; provided, however, the surely shall be ruled as "A" or betler as to general pallcy holders rating and Class V or higher rating as to tinaneiAl size category and lite amounl reg0rod shall not exceed 5% of the reported 11olicy holders' surplus, All AS 1'015o1'led 111 ille 1110st Gtlt'I eat Best Key Rating Guide, published by A.M, Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. JZ Vendor shall ensure ihat all subcontractors ralnply With the sa111e insul'mnoe requirements that he is required to meet. The same, Vendor shall provide County wilh cerlificales or insurance meeting the required insurance provisiolt5. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Cerlificate f❑r Commercial General Liability where required. This insurance shall be prinlflry and non-cowribulory with respect to ally other insurance maintained by, or available for the beitotil of, the Additional Insured mad the Vendor's policy shall be cadmud accordingly. 11. ® The Certificate Holder shall be named as Collier County Boat'd of County Commissioners, Olt, Domrd of County Commissioners in Collier County, OR C;olliel' Caunly Government, OR Collier County. The Certificates of hisurallce must Slate the f'.onlract Number, or Project Number, or specific Project description, or must read: For any and all work performed on bellalfof Collier County, 12, M Or+ all i ,fli icntes, the Certificate Holder must rend: Colltel' County Board of Commissioners, 3295 Tatlliami Trail ><s'Rst, Naples, FI, 34112 13. iZ Thirty (30) Days Cnucelintloti Notice required. 14. C❑lller County sliall procure acid mainlain Builders Risk Insurance on All construction projects where it Is deemed necessary. Such coverage shall be endorsed to cover the Interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall 1101 include Builders Risk premiums in its project proposal or projeci billings. All questions regarding Builder's kislr Insurance will be addressed by the Collier County Risk Management Divisi❑n. 0/27/2021 - GG Vendor's Insurance Aeceptance By submission of the bid Vendor accepts slid understands the insurance requirements of these speclfications and thal lite evidence of insurability may be required within Eve (5) days of the award of this solicitation. The Insurance submitted must provide coverage for a minimum of six ) months From Ilse date ofnward. r� 1012212021 1:35 PM p. i8/ C<slalnr Cntinly 5olicilallon Z1-7935 4tor �Clmnq Admtnlstiullve Seivires Delmilmenl Pf0f4immill sem-:05, Dowsloll FORM 9 - CONFLICTOF IN'!'4ltEST AFFIDAVIT `Chi• Velidor ccrlifTes that, to the best of its knowledge and ballef, Illc past and Current work on any Collier C:olntly project affiliated with this solicitation does not pose an organizational conflict ns described by one ol'the lhrec mlet ories below: Biased grnuutl rules — TIM in•ui has not set lire "ground rules" for Affiliated past or current Colder CGILI)ty project identified above (e.g., writing a procpremenl's slalement of work, specifications, or perforating systems engineering and technical direction far the procurement) which appears to skew the Compelition in favor of lily firm, 11111aired ohjcetivtty —The firm has not perrmined work on An afliliaied post or current Collier County project identified above to evaluate proposals! past performanec of itself or a competitor, which calls into question Ilse contraclor's ability to render imimitial advice to the government. Unequal access to iuformaliun —The firm Ims tint had access to nonpublic intormation as part of its performallee of a Collie,. County project identified above which may have provided the contractor (or an afTiliate) with art ultfair eontpatitive advantage in current or fulure solicitations Bind contracts, In addition to this signed RITidavil, the c❑ntrmot❑r / vendor inust provide the following: I. III documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; attd, 2. Indicate if the information produced was obtained as a hatter of imblic record (in the "surlsltinc") al. Iltrotigh nonpublic (not in Ilse "sunshino") cattveryalinn (s), inecting(s), documenl(s) and/or other means. Failure to disclose all material or having An arganixHtiottal conflict in one or more of the three categories above be identified, may result In the disqualification Far rUILI G solicittltions Affiliated with the above referenced project(s), By the signature below, the film (amployces, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and be]ier, 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 01•gani7ild011a1 conflict. Watox31"redging C41111)Any �1A1116 signature Ph"p A. Findlay / Vice President Print Name and Title State of Florida County of Pinellas The fore ir)g Instrument wyas acknowledged befot•e me by means of ® physical presence lit• ❑ nnlilta notarization, this _._ _ day of �lt�(mon1h), Z- i (year), by r (name ofperson ackrto t i T (Sigm4ure ofN❑tary Public - State of Florida) PHE&ONSIJAN CLAIJSCN (1'rinl, r ` ' qii` i o�Htnif lotc�t t2lxuDia� taty Public) OR Produced Identification yt, '9V EXPIRES: Septernhert9.2422 Dondod Thru Nolmy Publk: Wervnpurs Type of identi ncation Produced 1 W22/2021 1:35 PM p.19 _ fCAt Collier county solidtallnn 21-7935 CoAlur C;m4ftty Atilnliilisllntive SaMr4s Npattivilt Pfcc+uoi+letd somr4" Lllylmcn FORM 10- VEN'om MCLARATION STATENII;N'I' BOARD Or COUNTY COMMissIONL•"RS Collier County Government complex Naples, Florida 34112 Dear Commissioners, The undersigned, as Vendor declares that this respansc is matte wilhoul connection or arrangement with any other pr,rsan and this proposal is in every respect fsir and made in good faith, without collusion or Fraud. `file Vendor hereby declares the InSIr'tlC6411s, ptirchase order terms and condilions, requirements, and specificalionslscopc of %yorh of this solicitation have been fully examined and accepted, 'The Vendor agrees, if this solieitalion submitlal is accepted, In execute a Collier' County doctnneM For the purpose of establishing a formal contractual relalioilship belweell the firm and Collier County, for the perPormance of all recltlircltlents to which file solicitation pertains. 'file Vendor states That the submitted is based upon the cleeuments listed by the aboye referenced Solicitation. Further, the vendor agrees that if awarded a contrtlet for these goods andiol' M'ViM, the MOO,' will not he eligible to compete, 9I1b111it a proposai, IBC awartleol, or peeform as a sub -vendor for any future associated Mill wort that Is a result of this awarded contract. IN WITNESS WHEREOF, WE have hercrinto subscribed out' names on this day of n the County of Pinellas_. _ _, in the state of Elorido Firm's Legal Namo: Address; City, State, Zip Code: Florida Certi ficate of Authority Documon t Number Federal Tax Identl frcation Ntun bcr *CCR !f or CAGE Code 40tlly if Grant Funded 11-c1cpholm Email; 5ignalure by: (Typed and written) Title: 10)M2021 1:35 PM VVaterf-mit Pi,operty Scivices, LLC dba Gator Drell ill 13630 5011h Way N, Clearwater, FL 33760 Cleat'waler, FL 33760 L05000083238 Suni3lz CAGE Code; 7AUQ7 727-527.1300 Vice Presideril P. 20 oc", Collier Caunly SuIldiallon 21-7935 Additinnrtl Contact hlfor•mation Send pynleuts to; �Ugjei fi-ont Pr000rtj r' r ' es LLC (I 1xi Gator D.red(jin (I'MILdred if different from Company name used as I)ayee above) Contact name; Doug Bowman „_-- Title; Controller Address: 13630 (QUi Wary N. City, State, ZIP Clearwater FL 33760 Telephone: 72M27-1300 Email; cl.lauwrnsut a gc tcaicll'r.rlyil'tg.co�n Office servicing Collier Coauty to hIACe 41-ders (required if different from above) Contact nalne: Title: Address: city, state, ZIP Telephone; Email; Secondary Contact for Chris Clausen this Solicitation: Email; c.clauserac catordrud in Co 7 Phorte: 727-527-1300 ext.236 1012212021 1:36 PM p• 21 0 Collier County sollchatlon 21-7935 ML— CO trew Colony ►ldmi L%WiGveSsi*esDupuilrrldnl �i{,t:l1i4111d11t 5Rr iCxS 5�1141SIn�1 FORM 11-1NINUGHATion AIFFIDAVITC:Ei2TIFICATION This Affidavit is required and shoulcl be signed, noiarized by an authorized principal of ehc firm and submitted with Formal solicitillioll subntiltttls. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, al the lime of the submission of the Vendor's bid. Acceptable evidence consists of Ti copy of the properly completed H-Verify Company Profile stage or a copy of the ikilly exeatied F.- Verify Memorandum of Understanding for the company which will be produced at the lime of the submission ofthe Vendor's bid or within live (5) day of (lie Coumy`s Notice of Recommend Award. FAILURE 'ry E VC:UTE TItIS AFFIDAVIT 'CRTIf+ICATION AND SUI#MIT WITH VENDOR'S PR POSALIBID MAY DEEM THE VRNDOII; NON -RESPONSIVE, Collier County will 110 illtenliollally Award couilly Willracis to Ally Vendor wbo knowingly employs unaulhorized nliels workers, constifilling a violalion of the employment provision conlitined in B U.S.C. Se❑Lion 1324 a(e) Seetlon 274A(e.) of (lie Immigration mid Nationality Act ("iNA"). Collier County may consider the employment by any Vend ❑r of unaulhorized nIlens a violation of Section 274A (e) of the!• INA, Such Violation by the recilkni of tho Employment Provisions contained in Seolion 274A (a) of the iNA shall be grounds for twilaternl lernlirlatiott of 111c contract by Collier County. Vendor attests that they are Rilly compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequeul Anlenclmenl(a)) that it_IR awgra of and in _compliance with the.reaviremenls sot forth in Florida Statutes _ 464 8.095. and ngreas to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in pailnui-ship with 11le Social Security Administration at the time of submission ofthe Vendor's proposal/bid. Waterfront Pro orty Servi I E C d1 a Ga or Dr+ n amoany Name Signature Print Name and Title State of Florida County of ainf&l;— The for ing instrument was tickuowledged before the by means of W physicni presence ar CJ online notarization, this day oftr(inonih},Z ( (year), by „ca (name of person acknativled unlure ofNotaI- Public - State offlorida) (Print, Tyl11 tI;HhWi(1hltltl?ffA4NtIIbAbfSt6t y Public) OR Produced Identification Im MY COMMISSION9GG260099 UMPIRE$: September 10, 2022 •$ t. "` Bonded Thud Notary Publin UrWaimtem aver Type of Identification Produced 1012V2021 1:36 PM p, 22 �'�1wU E-Verify- - — - 01411i Company ID Number: 076401 THE E-VITRIFY MEMORANDUM OIF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The partlos to this agreement are the Department of Homeland security (DI -IS) and the Waterfront Property services, LLC (Employer), The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating In F-Verify, E-Verify Is a program that electronically confirms an employee's ellgiblllty to worts in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9), This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes speclfle responsibilities of the Employer, the Social Security Administration (SSA), and DHS, Authority for the F-Verify program is found In Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L, 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DIES in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2, The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verlfy. The Employer also agrees to keep such Information current by providing updated Information to SSA and DHS whenever the representatives' contact Information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E=-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Pago 1 of 17 E-Verlfy MOU for Employers I Ravlslon Date 00101/13 c:Ai E-Verify- Company IC Number; 076491 4, The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E -Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. G, The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List 13" Identity document, the Employer agrees to only accept "List E3" documents that contain a photo. (List 13 documents identified in 8 C.F.R. § 274a.2(b)(1)(I3)) 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 888-464-421 S. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (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 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest, DHS may In the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously In this paragraph, employees still retain the right to present any List A, or List I3 and List C, document(s) to complete the Form 1-9. 7. 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 1-9, 8, The Employer agrees that, although It participates In E-Verify, the Employer has a responsibllity to complete, retain, and make available for Inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, Including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 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 provlslon of the INA: (1) List 8 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)(i)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee-, (3) If the Employer receives a final nonconflrmatlon 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 Page 2 of 17 E-Verify MOU for EMploy©rs I Revjelon Date OCWD1113 Verify Company ID Number: 976491 employed an unauthorized alien In violation of section 270(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. I?H5 reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9, The Employer is strictly prohlUtad from creating an F-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 Er -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 Employee's attempting, in good faith, to make inquiries during the period of unavailability, 10. The Employer agrees not to use E-Verify for pre -employment screaming 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. 11. The Employer must use E-Verify for all now 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,13 of this MOU. 12, The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirm ations. 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 rot 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 NHS with Information necessary to resolve the challenge. 13. 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 Inillal Inability of the SSA or ❑HS automated Verification system to verify work authorization, a tentative nonconfirmatlon, a case in continuance (indicating the need for additional lime 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 Page 3 of 17 E-Verify M0U for Employers I Revislon Data 06/01113 rz-Verify— Company ID Number. 976491 (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 ho or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been Issued, If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation Is Issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897•-7781 (worker hotline). 14. 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 2,74E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctlons, 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 VI 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). 15. The Employer agrees that it will use the Information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU_ The Employer agrees that It will safeguard this Information, and means of access to It (such as PINS and passwords), to ensure that It Is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that It Is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS Immedlately In the event of a breach of personal Information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via emall at E-VerlfYAdhs.aov. Please use " 1r rivacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify, 17. The Employer acknowledges that the Information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U,S.C. 1306(a)). Any person who obtains this Information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with IDHS and SSA In their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify Mou for Employers I RevIsion Date 06/01113 9 r=-Verify_-__ Cornparty ID Number. 976491 t'� �fltlRl4� reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond In a prompt and accurate manner to DHS requests for information relating to their participation In L-Verify_ 19. The Employer shall not make any false or unauthorized claims or references about Its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe Its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar Intent on its website or other materials provided to the public, Entering into this MOU does not mean that E Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USGIS or the Verification Division, without first obtaining the prior written consent of DHS. 21, The Employer agrees that E-Verify trademarks and logos may be used only under license by DHSIUSCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might Imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. 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 FEDERAL CONTRACTORS 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 Gulde for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that If It Is a Federal contractor subject to the employment verification terms In Subpart 22,18 of the FAR It must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that Is not enrolled in E-Verlfy 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-Verlfy. 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. page stir 17 E-Verlfy MOU (or Employers I Revialorl Dale 06/01113 E-Verify Cornpany ID Number; W5491 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-Verlfy to begin verification of employment eligibility for new hires of the Employer who are working In the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer Is enrolled In E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begln 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 Employee 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 dale 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, Employors must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 160 days after the election. a. 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 1-9 is complete (Including the SSN) and complies with Article II.A.6, 11, The employee's work authorization has not expired, and III. The Employer has reviewed the Form 1.9 information 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 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information If: I. The Employer cannot determine that Form 1-9 complies with Article II.A.6. ii. The employee's basis for work authorization as attested In Section 1 has expired or changed, or ill. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 Is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verlfy MOU for Employers I Revlalon Date 06101M E-Verify-- Company ID Number: 976491 lutul Article II,C.5, but reflects documentation (such as a U.S. passport or Form 1-551) 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 11,A.5, subject to any additional or superseding Instructions that may be provided on this subject In the E-Verify User Manuals, g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that Is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, Its compiiance 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. G. RESPONSIBILITIES OF SSA 1. SSA agrees to allow E)HS to compare data provided by the Employer 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 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 evaluatlon of F-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.B.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CPR Part 401). 3. SSA agrees to provide case results from Its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer, 4, SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmatian 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 $SA records, if appropriate, within the elght-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 vislt SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note; If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218, D. RESPONSIBILITIES OF DIMS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 or 17 E-Verify MOU for Employers I Revision hate 0610i118 E-Verify- Company b, photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify, DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of OHS representatives to be contacted during the E-Verlfy process. 3_ DHS agrees to provide to the Employerwith access to GVerify training materials as well as an E-Verify User Manual that contain Instructions on E-Verlfy policles, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. OHS agrees to train Employers on all important changes made to C-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 employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices Issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7, DHS agrees to safeguard the Information the Employer provides, and to limit access to such Information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entitles as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements, 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the Initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating OHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides finale confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to OHS, unless DHS determines that more than 10 days may be necessary. In such cases, OHS will provide additional verification Instructions. ARTICLI= III REFERRAL OF INDIVIDUAL$ TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmatlon Issued by BSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify ernpioyees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page S of 17 E-Verify MCU for Employers I Revislon Dale OC401113 E-Verify Company lD Number; 9713491 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral Instructions to employees and Instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3, lifter a tentative rlonconflrmation, the Employer wlll refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee Information submitted to 1=-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer wlll transmit the Social Security number, or any other corrected employee Information that SSA requests, to SSA for verifloation again if this review Indicates a need to do so. 4. The Employer will Instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless It determines that more than 10 days Is necessary. 6. While waiting for case results, the Employer agrees to check the E=-Verify system regularly for case updates. B. The Employer agrees not to ask. the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL. TO DHS 1. If the Employer receives a tentative nonconfirmation Issued by DHS, the Employer must promptly notify employees In private of the finding and provide them with the notice and letter containing Information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees, The Employer must allow employees to contest the finding, and not take adverse action 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 nonconfirmatlon Issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU rnr Employers I Revision Dato 06101/13 E-Verify Coinpany ID Number: 976491 employee to contact DH8 through Its toll -free hotline (as found an the referral latter) 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 I of this sectlon for tentative nonconfirmations, generally, B, 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 1-766, 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. B. 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. ARTICLE Ill SERVICE PROVISIONS A, NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer Is responsible for provlding equipment needed to make Inquiries, To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1, This MOU is effective upon the signature of all parties and shall continue In effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and Instituting new verification pollcles or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines those changes. Page i D of 17 E-Verify MOU for Employers I RoyJsiorl Dale i16l01113 E-Verify__ {illll Company W Number.' 976491 118. TERMINATION 1. The Employer may terminate this MOU and its participation In E--Verify at any tlrne upon 30 days prior written notice to the other parties, 2, notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in F-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 Employer, or a failure on the part of the Employer to comply with established E-Verify procedures anchor 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 MOtJ may negatively affect the Employer's business. 3, 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 oases, the Federal contractor must provide written notice to DHS. If an Employer that Is a Federal contractor falls 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 Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer Is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DIAS 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 Employer, Its agents, officers, or employees, C. The Employer 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 4mited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation In E-Verify Is not confidential Information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Gate 00101/13 ,ul Y, E-Verify-- �_� _'.gym Company ID Nulrtber. 976491 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 (F IA). F. The individuals whose signatures appear below represent that they are authorized to enter Into this MOU on behalf of the Employer and OHS respectively. The Employer understands that any Inaccurate statement, representation, data or other information provided to DHS may subject the Employer, Its subcontractors, Its employees, or Its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) Immediate termiliation of Its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DI -IS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the, signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verily MOU for Employers I RGvlslon Date 05101113 Company ID Numbers 976491 Approved by: Employer Waterfront Property Seruiees, LLC Name (Please Type or Print) [tie Christy L Vanderpool Signature Date Elecironically Signed 0610212016 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Ignature date Electronically Signed 06/02/2016 Page 13 or 17 E-Verify MOU for Employers I Revision Date M01113 E -Ve r i Fy— Company ID Numbor: 97a491 Information Required for the E-Verify Program Information relating to your Company: Waterfront Property Services, LLC Company Name 13630 501h Way N Clearwater, FL 33760 Company Facility Address Company Alternate Address County or parish PINELLAS Employer Identification Number 203403593 North American Industry 238 Classiflcatlon Systems Code Waterfront Properly Services, LLC dba Gator Dredging Parent Company Number of Employees o to 99 Number of Sites Verified for page 14 of 17 E-Varify MOO for Employers i Revision Data 06101113 E-Verify- CornpariyONLIMber: 978491 Are you verifying for rnore than 1 site? If yes, please provide fhe number of sites vorlfied for in each State I"LUFRIDA i zitr.(s) Page 1s or 17 E-Verlfy MOU for Employers i Rovislon Dale 413101113 0 E-Verify- Company ID Number. 976491 ., ti Information relating to the Program Admini Mrator(s) for your Company on policy questions or operational problems. Name Chrisly L Vanderpool Phone Number (727) 527 - 1300 ext. 21 Fax Number (727) 499 - 9990 Email Address chrisfy@galordredging.com Name Amy M Smith Phone Number (727) 527 -1300 ext. 22 Fax Number (727) 527 -1303 Email Address a.smilh@gaturdredgingtom Name Philip A Findlay Rhone Dumber (727) 627. 1300 ext. 27 Fax Number (727) 527 -1303 Email Address p.flndiay@galordredging.com Name Chrlsty L Vanderpool Phone Number (727) 527.1300 ext_ 221 Fax Number (727) 499 - 9690 Email Address chrisly@gatordredging.com Page 16 of 17 E-Verify MOU for Employers I Revision Dale OW1113 9 �� irlUli Company ID NumlaeY: 976491 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 0 Calllor County Sollallalion 21-7995 FORM 12-DIDDERSCIIECKLIST IMPORTANT: No bill shall be colrsfdered 1u11ess it is 111n11e oil ttnnitered Bid forms which are included in the Bidding Documents. Please read Carefully, sign in the spaces indicated and return with your laid. [Bidder should check off etich of the following ilems as file necessary action is completed: The Bid has beep signed, 2 The Laid prices offered hove been reviewed, The price extensions and tolnls brave been checked. t/A. Bid Schedule Ihas been completed and attached, '15. Any requited drawings, descriptive lileralure, etc. liave been included, Any delivery information required is included, 'Cite following on-line standard documents have been reviewed and iiecepted in DidSynG; a. Cotlsirucli❑n hid insll'hlctiaYa form b. Constrortion saNiee6 891'eclilelll c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: .Ili, laid Farm (Form 1) +r b, CDhlr'aGlo{s Key Personnel (Form 2) fie. Material Manufacturers (Dorm 3) -mod. List of Major Subconlrsclors (Form 4) fie. Slatemenl of Experience (Form 5) ✓t Trench Safely Act (Moral b) v &. Bid Bond Form (Vortli 7) ,flh. Insurance and Bonding Requirements (Form 8) .-'i Conflict of Interest Affidavit (Form 9) ✓j. Vendor Declaration Slatemant (Form 10) Immigration LowAffidavll Certification (Forst l 1) MUST be signed and attached widi your / submittal or you MAY be DEEMED NON -RESPONSIVE I. Signed Grant Provisions and Assilranees package in its Entirety, if applicable, nre executed and should be included with your submittal. All forms most be exectted, or you MAY be DECME'D NON -RESPONSIVE. 9. opies ofrequired information have been attached p?IP Business lax Receipt (Collier Counly Businesses Only) Company's E-Verify profile page ar memorandum ofuuderstanding ✓c, Certificate of Aullhodly to Conduct Business in Slate of Florida (simbix.org) -.d. Any requlmd profossinnal licrnses - valid arid eurrenl (myfloridallceim.00ili) (ie; General Contractors license, Underground Utility and 8xcavalion, Builders, 'Crude Contractors, etc., as applicable, requested and/or required.) /. Vcadnr W-9 Form If required, the amount of Bid bond has been oliecked, and the [aid bond or cashier's clieck has been / submitted, 15 c+'1, Any addendhi (have been signed and acknowledgement form nhtached and included, or you MAY be DEEMED NON -RESPONSIVE. 12. The Bid will be uploaded in finle to be received no later than the specified opening date and time, otherwise the Bid cannot be considered, 1012212021 1:35 PM A 2�3+ 4 /y l J{7J 11122/21. 3:12 PM Detail by Entity Namo "NId1004 Rh l'uk,,WzpTIONS �I tltgj' }r _ rfit'4111, lid 1w •Jl {iwplfl 0 I'J'w4 D@urimerll puslale l � �f � QY}�6f811i1f1fi ! $2dYC11 f78G9rC15 1 . ao h bY- ly 1 Detail by Entity Name Florida Limited Liability Company WATERFRONT PROPERTY SERVICES, LLC )=Jji pg information Document Number L05000083238 FEIlEIN Number 20-3403593 Date Filed 08/23/2005 State FL Status ACTIVE Last Event CANCEL ADM ❑ISSIREV Event hate Filed 1012612006 Event Effective Date NONE Princlipat Address 13630 501h Way North Clearwater, FL 33760 Changed: 03/19/2014 Mailing Address 13630 50th Way North Clearwater, FL 33760 Changed: 0311912014 Registerad_AgentName & Address D & B Corporate Services, Inc. 6677 13th Avenue North 3A ST. PETERSBURG, FL 33710 Name Changed: 02/19/2018 Address Changed: 02119/2018 Authorized Person(5)e pit Name & Address Title Manager, Member, VP Findlay, Philip Andrew OAQ hltps,llsearch.sunbia.orglinquirylCorporaliunSearchlSearchResuliDelall?inquirytype=EntltyName&direction7ype=Initial&searchNameOrder=WATER F.. 112 11122/21, 3:32 PM Defail by Entity Name PO Box BB02 Madeira Beach, Ft_ 33738 Title President, CEO, Manager COUGHLIN, WILLIAM J 6222Faifway Bay 131vd S. Gulfport, FL 33707 Title Vice President of Engineering McDougal, Tyler Ben 13630 50th Way North Clearwater, FL 33760 Annual Reports Report Year Filed Date 2019 03131 =1 9 2020 02/04/2020 2021 03/05/2021 Document Imag2j U1rT[ 1r�I.PL1>IN41 A ! w PiLl�P1�C73�i3[i wtii i su gu s : a 10 Izzo view image In PDF formot_J View Imago In PDF format _LL1 View Image in POF format View Image In PDF format View Image In PDF format View Image in POP format View Image In PDF forma _Vlaw Image In POF format _I 11116 2415 -- ALIFUDEV ANNUAL RP -PORT - Vow Image in POF lormat Q+jl•4612015-6NNU^ AL REPORT View image in POF forma 0311.81201.4 --ANNUAL REPORT View Imago in PDF format _ J 4414 12013 --ANNUAL REPORT View Imaga In PDF format o411712012 -- ANNUAL REPORT View Image in PDF format I 04/4512011 --ANNUAL REPORT View Image In PDF format 0211612010 -- ANNUAL REPORT Vow imago in PDF formal View image in PDF format View image in PDF format Vlow image hti PDF formal View image in PDF format View Imago in PDF formal Mips:!!search•sunbx.orglinquiFY/CDrporationSearch/SearchResulldeta PlnquifytypemEnt ItyName&dlrectionType=Initial&sesfchNameOrder=WATM!.. 2/2 U]vl�l01 i Uj. Previous on List Next vn List FRetu[o toto_List No Filing History Fictitious Name Detail Fictitious Name GATOR DREDGING Filing Information Registration Number GM00018898 Status ACTIVE Filed Data =2112017 Expiration Date 12/31/2022 Current Owners 1 County PINELLAS Total Pages 1 Events Filed NONE FEIIEIN Number 20�3403593 Mailing Address 13630 50TH WAY N CLEARWATER, FL 33760 Owner Information WATERFRONT PROPERTY SERVICES, LLC 13630 50TH WAY N CLEARWATER, FL 33760 FEIIEIN Number: 20-3403593 Document Number: L05000083238 Document Images 121/2097 --Fictitious Name Filing View Image in PDF format Previous on Lis Next ou ListReturn to List No Filing History DIVISION OF CORPORATIONS Fictitious Name Search Submit Fictitious Name Search Submlk Gi 0 LL LL 0 I� ui z W Z. W U. 0 a 0 CID I-0 z I— z D? L I� rn O LL LLw w w 1.�- O z 0 0 w > Cif a w ry z ,z Lju Q LL w w CN ul 'j W ipp Ll_ D Z I'. w' ;E a I!;w O i J CL i I i 4J E u 0 Ln 0 LA w m r L as c L C 0 LA cr+o n c� c fu di �D x a� u, w w ❑ I-• i„ Z L4 Lli Li ❑: i !�M Fwj ?� .-j o J a � Imo, i ;, 1 0 LU -Co., LU LLJ CA ❑ O ,I: 4 �r'� G� o c Wik 1 U❑ (3 ce Q LA a -75 RJ) h- l.L i a.., ,� LU -- a z O LL , U V a a o , o II U I a—• `U ¢ Q Cs L p > LLJ a u � r u � LJJ I- rNo�,,{1 II 1 Y a, (Rov. OutoW 20101 uolrnit rant 1A t}io 1raneury hllotnel ROW011va 3ervlco ��. A 1 �1nma fair. altov Waterfront P a Oueinem mein kogplo, '4 fI�rlPli' �I r.11 ;��R+il�lCll� Iliaf�li>I :off a;ri�'a:rlallilil IM"bliphoij, allDlld ftRuIvNi la;Olthill P. Lao to WWW,lrb,11nvlf-'1]rMW9 for Instr•urtiona and the Intnsi Inforniatlou. on your hlcomo tax raiurn). Name le ioijuhod on perly Sorvlcas, LIX dhlt Gator Drer rgranhetlod %V nnl no.11 diliaranl from obovo QIVk31'111'rrt to 11111 rofp.toutar, 0k) riot defect to the IRS, 3 Chock opnroprinto I,t1x for Ihdhrol lax clnsa14Gnll011 0I 010 p018011 vtllDso nume Is entar+xl all line. 1. Ghorlt dilly 0110 W 111n A EXCIMnLlanx (vo l0s apply only to Following snven boxes, uol thin nnlifloa, not rndlvfdunls: ion f�1 InMILIC11011a an onuu 31: n ladlVidualfaulu Indptlaltrr 01 L c Cortimounn Ll 3 t;nrpt1rn11sl11 0 ParttIWE$1111r IJ TRIINa81111U nI tie-momr,Ol1-I.0 [✓] S Noln: Chuck IIID e1lplapriale bok In Ibe Ilnu ni;ovs for Ile lux eluasOurillon of khe ninole-rnoniber nWnw. Un nol Olin(* l f.0 II khu 1,1_C la t Ia IFlacl nu a 1linpla ntnmhrlr L.LC 111:11 In d1waaardod From tha uWpor urilew 1114) OW11hr or 1hn IJV In elloulpr 1111 Ihal h 1101 dlatognrded from the oVrnor lot ll.$, IcdOrnl tax purposos, aurerwlno, a shill"lininhar I.LC IMI le dI8r8QnrtlaU R01111110 0WI1a1 91011111 nllack Ilm npllraptlnlo hnx tar iim irlx clAoBIllcniton of Ile owner. Exarnpl pnyac codo-(il any rxanlpllon born 1°AIr,A IapurRGlf1 DO& of my) 011iar(can Inotmollona)L► _ AHf 111.anxA.P'latnainVmAtiroolawolh,luit 6 Addroon trlUlntror, nlronl, atld Vt. nr nll*n no.)13rin InstiUOppm, 1 1iuhironlar's rinmo and ndd(04s (nNlonnl) '13630 Guth Way North IF {illy, slute, 01111 zil' COUL, C.leal wale , rl- 33760 l 1.151 noomill InlnlbW(n)11arn Inter your TIN In tl1$ approprird0 box I llo TIN provided must rllatoll Ilia Mime given on Iinv 1 to ovold �,$+ briukup withhold{ng. For Indlvldurils, ihI S IS gnnernily your Anolal sOGurity liumber (SON). 1-4owovar, for a F reskfnnl Allan. cola propfiatar, ordisragatded entity, sea Ilia Inotruodona for Pact 1, later, For olhar er7Llltes, 11 Is your employer Idarillftntlon rltlmbor (EIN}. if YOU din not have a number, sea How to (jet M TIN, War, or Nate: If the 410nnunf la In more than aria narne, see Via Mstnlntlaris fill• 11na 1. Also Rea W11Af Nurno and J_E Ndmbar To Glva tlln Roquoslar for guldellnes an whose number to ontar, r Under pennilles of 1aeJury, I oorilly that; 1. The number shown on 11110 fUTITI is my cnrranl taxpayer Identlflcallnn number (or I am walling tar a number La ba laesuod to roe); Lind 2.1 sin not sub)eot to backup withholding beeatino: In) I am oxompt from backup wlthholdlhg, or (b) I hnva not been notlfIed by the Internal Reventsu 5ervlue IIR8) that I am sublarf to backup W101holdklg es a rAauf{ of n }Allure to 1l91)orl all IllteMAI 01' dlvldttrlda, er (a) ills IRS Iran 1lotiflAd Me thrd I Bill no longer aub)oul In backup withholding; and 3. 1 and a U.S. citizen or olllar UZ. person (dellned below); and A. Tha FATCf1 aodo(u) Anlerted an Vila form (if Any) indlcating that I am oxompt Irvin i'/VIOA ropoiWig I9 caner-}. Oarilflnaticn inalruntlona, You mull cross out ilenl 2 nbove If you havn bean notilled by the 1115 Hint you aro currently autajact to bOOkup wllld1010119 boMU00 yosi hatva lallod In report all Inlarest Ono dividends orlyour tax rolum, Far real e9tate lmraac;tions, item 2 dons not apply. For mor gage Intardst paid, acqulsitlon or iibundonnioni of secured property, canoallallon of debt, conirlbultons to an Individual ralirornenl arrangement (IRA), and generally, payments athor than Interest and dlyldanda, you are not required to sign Me cerllStOralion, but you ni1151 proVlrlG your (mauot 11N. Soo too II1' nuolfons for Park II, later, abign Slonotllro of Vlore 1 11,9. pgrnan b Uell Instructions Section rafarartcas are to the Internal Rovenuo Co4e unless olhorwiso noted. Future developments. For Ilia lalasl Information uboul dovolopmanis related to Farm W-9 and Its Inatruollona, such as legiatatlon enacted artar they were published, go to WWW.h3,g0V1Fo1'nl0V9. Purpose of Form An individual or entity (Form W-0 requebler) who la required to flla an information return with the IRS MUM obtain your OOITpct taxpayer idantlflcatlor) nurnhor (TIN) which may be your social security numbnf (M), Indlvldual taxpayer Identilicallon number (ITIN), adopllan taxpayer feenGfioatlon number (&TIN), or employer Identrliratlorl number (EIN), to raporl, on an Inlormolloil ratum 1110 Amount pnkl to you, or other amount reportablo on on Warrnatlon rolurn. Examples of information Wilms Include, but are not limited to, the lollowing, d Form 1099-INT (Intannat earned or paid) Dat01• /^ /r + Form 1039-HIV (dlvidendn, including those Irdrn stacics or mkilunl fLlflcla) e fcorm I IDEM-MISC (VAI'rous types of Incomes, prl•.,es, awards, or gross proceeds) • Form 10Qp-8 (stack or mt+tuaf fund anles and carialn alhor transactions by brokers) a Farm 1090-E (pfocneda from real estate tram#ictlona) n Form 1000,K (m0rcharlt card and tlllyd party network tKIIISe01101"19) + Form 1090 (holria Inorlgage Irllerevf), 1008-E (ptudent loan Interest), 1090-T (tuition) Fonn 1099-0 (canceled debt) + Form 10D9-A (acquisition or abnndanmoril of slavurod prnnorty) Ilse Form W-D only If you are a U.S. person (incfudlnn a rnsidanl Ikilon), to provide your corragt TIN. ffyau do not mturrr I-onr, W 9 to the requester with a TIN, you mighl be sublact to backup w1f11hofding. See What Is backup wiihhokilno, !afar, Cat, No, 1a281X Faun IN-9 (Rev, 13-2010) (a EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name William J. Coughlin III Personnel Category Construction Superintendent Philip A. Findlay Project Manager 10 Construction Services Agreement: Revised 01.28.21 (v10) 0 EXHIBIT B-1: PUBLIC PAYMENT BOND ITB# 21-7935 Bond No. SUR0003439 Contract No. 21-7935 Waterfront Property Services, LLC. KNOW ALL MEN BY THESE PRESENTS: That dba Gator Dredging , as Principal, and Frankenmuth_Mutual Insurance Company _ as Surety, located at - OOQ1 (Business Address) are Held and firmly bound to ColllierCountV Board of County Commissioners Fas Obligee in the sum of Two Million One Hundred Ninety -Seven Thousand One Hundred Eighty Dollars ($ 2,197,180.00 ) for the payment Whereof we bind ourselves, Our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obligee for Wiggins Pass and Doctors Pass Dredge 2021-2022 in Deinor-WinginsPass State Park accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principai: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 1st day of December 2021 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. 11 Construction services Agreement: Revised 01.28.21 (v10) O.AO Signed, sealed and delivered in the presence of: PRINCIPAL Waterfront Property Services, LLC. dba Gator Dredging BY: NAME: ITS: STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me b means of ysical presence or ❑ onli notarization, this _4 day of n y - - 5� '-20 u , by _ te a .,d- - , as [/ Gs _ /�. �ra� �✓ OT Waterfiront Property Services. LLC. dba Gator Dredging a Florida corporation, on behalf Of the corporation He/she Is rsonally know to me OR has produced as identification and did (did not) take an oath. My Commission Expires STEPHEN CHRISTIAN CLAUSEN MY COMMISSION # GG 260099 EXPIRES: September 19, 2022 Banded Thru Notary Pubic llrnderwr tcrs (Sig ure of NotaryPublic) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: NA NA Witnesses to Surety SURETY. Frankenmuth Mutual Insurance Company (Printed Name) y� One Mutual Avenue, Frankenmuth, MI 48787 - 0001 (Business Address NA (Authorized Signature) A (Printed Name) 12 Construction Services Agreement. Revised 01.28 21 (00) 9 OR racey Brown Witnesses E en Heard STATE OF COUNTY OF Florida Pinellas As Attorney in Fact & FL Licensed Agent (Attach Power of Attorney) Kevin Wojtowicz (Printed Name) One Mutual Avenue Frankenmuth, MI 48787 - 0001 (Business Address) (989)652-6121 (Telephone Number) The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 1st day of December 1 20 21 by Kevin Wojtowicz , as Attorney -in -Fact & FL Licensed Agent of Frankenmuth Mutual Insurance Company , a Michigan corporation, on behalf of the corporation. Hel>stlroe is personally known to me OR has produced Personally Known _ as identification and did (did not) take an oath. 1 — , �1 My Commission Expires: (AFFIX OFFICIAL SEAL) otary Public) Name: Margaret A. Schulz (Legibly Printed) Notary Public, State of. Florida Commission No.: See Stamp MARGARET A. SCHULZ NOTARY PUBLIC STATE OF FLORIDA NO HH 55224 MI INION EXPIRES NOV. 13. 2024 13 Construction Services Agreement: Revised 01.28.21 (v10) EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB# 21-7935 KNOW ALL MEN BY THESE PRESENTS: as Principal, Bond No. SUR0003439 Contract No. 21-7935 Waterfront Propertery Services, LLC dba That Gator Dredging and Frankenmuth Mutual Insurance Company as Surety, located at One Mutual Avenue, Frankenmuth, MI 48787 - 0001 (Business Address) are held and firmly bound to County Commissioners, FL _, as Obligee in the sum of olllier Coun Board of County Two Million One Hundred Ninetv-Seven Thousand One Hundred Eiahtv Dollars ($ 2,197,180.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for _Wt9gins Pass and Doctors Pass Dredge 2021-2022 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 1st day of December , 20 21 , the name of each party being affixed and these presents duty signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement: Revised 01.28.21 (v10) CA Signed, sealed and delivered STATE OF COUNTY OF Florida Pinellas AME PRLNCIPAL Waterfront Propertery Services, LLC dba Gator DredcAa BY: ITS: r� The foregoing instrument was acknowledged before me by means of Alphysical presence or ❑ online notarization, this _� day of 20�, by as Of Waterfront Property Services, LLC dba Gator Dredging , a Florida corporation, On behalf of the corporation. He/she is ersona[Iy --knowDn,--1to me OR has produced s identification and did (did not) take an oath. My Commission Expires STEPHEN CHRISTIAN CLAUSEN MY COMMISSION N GG 260099 'rr r-; EXPIRES: September 19, 2022 •;e�t•�,o,r Bendad Thru Notzry Public Underwriters 1 (Sig ature of Notary Public) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No. 15 Construction Services Agreement: Revised 01 28.21 (v1o) CAU ATTEST: NA Witnesses as to Surety Tracey Brown Witnesses Eileen He d STATE OF Florida COUNTY OF Pinellas SURETY: Frankenmuth Mutual Insurance Company (Printed Name) One Mutual Avenue Frankenmuth, IVII 48787 - 0001 (Business Address) NA (Authorized Signature) NA (Printed Name) OR As Attorney in Fact & FL Licensed Agent (Attach Power of Attorney) Kevin Wojtowicz (Printed Name) One Mutual Avenue, Frankenmuth, MI 48787 - 0001 (Business Address) (989) 652-6121 (Telephone Number) The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 1st day of December 1 20 21 , by Kevin Wojtowicz , as Attorney -in -Fact & FL Licensed Agent of Frankenmuth Mutual Insurance Company a Michigan corporation, on behalf of the corporation. Hefadw is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: MARGARETA SCHULZ a Notary Public) NOTARY PUBLIC STATE OF FLORIDA L MMISS ON EXP RES N0'J. 1 Z 2024 (AFFIX OFFICIAL SEAL) _ Margaret A. Schulz (Legibly Printed) Notary Public, State of: Florida Commission No.: See Stamp 16 Construction Services Agreement: Revised 01.28.21 (v10) G FR.ANKENMUTH MUTUAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Frankenmuth Mutual insurance Company (the "Company"), a corporation duly organized and existing under the laws of the State of Michigan, having its principal office at I Mutual Avenue, Frankenmuth, Michigan 48787, does hereby nominate, constitute and appoint: Kevin Wojtowicz, John R Neu, Laura Mosholder, Tracey C. Brown, David R. Turcios, Jessica P. Reno Their true and lawful attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal, acknowledge and deliver any and all bonds, contracts and undertakings of suretyship, with the exception of Financial Guaranty insurance, provided, however, that the penal sum of any one such instrument shall not exceed the sum of. - Fifty Million and 00/100 Dollars (S50,000,000) This Power of Attorney is granted pursuant to the following Resolution duly adopted at a meeting of the Board of Directors of Fmnkenmuth Mutual Insurance Company: "RESOLVED, that the President, Senior Vice President or Vice President and each of them under their respective designations, hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer of the Company, qualifying the attorney(s) named in the given power of attorney, to execute on behalf of, and acknowledge as the act and deed of Frankenmuth Mutual Insurance Company on all bonds, contracts and undertakings of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this IOth day of September. 2018. Frankenmuth Mutual Insurance Company (sue = y Frederick A. Edmond, Jr., _ — : President and Chief Operating Officer =STA,TE OTMIdkIGAlti-' .f CdtNTY OF SAGINA-W.-.) ss: Sworn to before me, a Notary Public in the State of Michigan, by Frederick A. Edmond, Jr., to me personally known to be the individual and officer described in, and who executed the preceding instrument, deposed and said the Corporate Seal and his signature as Officer were affixed and subscribed to said instrument by the authority of the Company. - IN TESTIMONY WHEREOF, I have set my hand, and affixed my Official Seal this 10th day of SMtembe 2M,, (Seal) V Dianne L. Voss, Notary Public Saginaw County, State of Michigan My Commission Expires July 23, 2024 I, the undersigned, Vice President of Frankenmuth Mutual Insurance Company, do hereby certify that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and is in full force and effect as of this date. IN WITNESS WHEREOF, I have set my hand and affixed the Seal of the Company, this day of , 20 _ a, J. , � - �,� Andrew H. Knudsen, Vice President ALL CORRESPONDENCE RELATED TO BOND YALIDATIONANDIOR A CLAIM SHOULD BE DIRECTED TO THE DIRECTOR OFSURETY, 701 US ROUTE ONE, SUITE I, YARMOUTH, ME 04096 EXHIBIT 8-3: 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 numberlcontract 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 Coliier 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. Should at any time the Contractor not maintain the Insurance coverage(s) 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 17 Construction Services Agreemenl: Revised 01.28.21 (v10) 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 coverage(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. 14 Construction Services Agreement: Revised 01.28.21 (v10) �1 Collier County Florida Insurance and Bonding Requirements Insurance 1 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 Sale Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:/Japps.fldfs.com/bocexemptl 2. Q Employer's Liability $ single limit per occurrence 3. El 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, 0 Indemnification To the maximum extent permitted by Florida law, the ContractorNendorlConsultant 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 ContractorNendorlConsultant or anyone employed or utilized by the ContractorNendorlConsultant in the performance of this Agreement, 5. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: © United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of ttie 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 $ Per Occurrence 0 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: Devised 01.28.21 (00) ❑ 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- 8- ❑ 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 shad 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, Contractor/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 Date Signature Print Name Insurance Agency Agent Name Telephone Number 20 Construction Services Agreement: Revlsod 01.28.21 (00 C �U EXHIBIT C' RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of to be received, ("Contractor") releases and waives for itself and it's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated _ ,20 for the period from to 1. This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. _ Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: President [Corporate Seal] The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of 20 by , a$ of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 21 C4netruction Service& Agreement: Revised 01.28.21 (00) EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNERJ or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. Project Na. 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 ❑ate: Retainage @5% through Insert Datel $ Retainage @ 5% through (Insert data $ Retainage @ °Io after Insert date $ Less Retainage �_ $ $ Total Earned Lass Ratainage Less previous a ment 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 lions, claims, security intarosts 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 Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor, a ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by; Design Professional's Name: Ignature; (late: a ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended b wner's Project Manager Name: Ignature: Data: 22 Construclion Services Agreement, Revised 41-28.21 (00) 0 EXHIBIT D Proloal Name: SCHEDULE OF VALUES Pro)"[ Number: Pate: Perlod Tm ITEM NUMBER MSCRIPIAON SCHEDULED VALUE WORMCOMPLEYEO STORED MATEaCALS TOTAL I COMPLETEOCOMPLET£ &STORED TO DATE PERCW eALANCP TOTINISH 5% RETAINAGE —% RETAINAGE (lad--dWTl TOTAL RETAINAC4 W7KHELD PREVIOUS ApPLICATIONB I THIS PERIOD THRUDATE SINCEDATE1 TOTA0 Explanatlon for the two Columns under Previous Applications The Thru Date Is where you will plate all Information Until the Contract IS OCrriplete unless a release or reduction} of retalnage Issue comes into play. If this happens, alinformation up lothe date of the %change in retalnage is placed in the Thru Date column, Information after that date is placed in the Since Data column. This states what has happened since the change In retalnage. 23 CDnslrucpon Services Agreement! Revised 01.28 21 (v1D) 0 Exhibit D (Continued) Stared Materials Record �ormula-A+B-C-D=E A B C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 24 Construction Services Agreement: Revised 01.28.21 (00) OCAO i`XH1B1T E. CHANGE ORDER An electronic data entry form may be found at; htt :Ilbccs Ol/SiteDirector lASDIPurchasin /Formal/Forms/Default.as x Change Order Form Contracta_Ch4ingok= Purr has*DrderlY: Projeot6;� ContractorMrm Name; Project Name: ProjectManager Name0epartmerrL Original Controot^Nor;< Order Amount Oriainsl BCC Approval Deter; Agenda Item # Current i3CC APnrouEdArmunt Lost BCC Approval Rate; Apends Item# Current Cattaci.-"W as Order Amount SAP ControuLExpirallon Date (NInter) Dottar Anteuntof (hb Change *MV;01 TotmIOhm nge horn OriginsIAmouni Revised Ccntfao4W arc Crdsr Tatal S 0.00 i'10N10( Change From Current BCG Approved Amount Cun ulative Chen es S 0.00 mmo! Change from Current Amount e Completion Date, Description of the Tasks) Change, and Ratlanale For the Change Notice to Proce I � Orginal = Last Approved Revised Crate Date Cornpletlon oat pate ,w a?aaWSCn3rtga) dofDay5Added 9electTasks ❑ Add nmvtask(s) ❑ Deletetask(s) ❑ Changetask[s] ❑ Other ;seer a.q Provide a respa rise to the (allowing: 1.1 detailed and specific explanalionlrationa I otthe requested clranpe(s) to the taskCs) and ! or theaddltionaIdays added (ifrequested]:7.] why this change was not includedinthe origirialrwtract:and. 3.1 desaribetheimpactff this change is not processed. Attach addrlWal informaiion front the Design Contractor if ree;.ea. Prepared by: Dale: rojecl h araget :me and Depanment} Actepianceof This C haraa Order shall cons lllptea rnM flcaWr to contract t workorder idenilri-iabove and vrIII b= slrbjKI toa111 he same terrneandconditions a3containedInIk9cariracl7vrorkorderin•dmatliabove, asfullyasif1hasame were staledinthis acaeplanae. The adjustment, if any, is IheConlracl shallconslilutea full and final aerilament of any and all elaim5 of the Corlrac»rlWndorr Cor5uhattil Design Protessiona I arts ihq out of or retaied to rho change set Wit herein, Inclmding claims far Im pal and delay casts. Accepted 6y; Date: Contractor) %tendon Consultant ) Design Prolem iaral and Nameof Firnt. a pra)ectappl"ble} Approved by-- Date:. (eipn Pivfe55iunalaftd Nani9 of Fitnt, if ptoject applicable) Approved by; Dale: (Procurement F'rofessioral 26 Construclion Services Agreement: Devised 01,28.21 (00) 0 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR: Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use, The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents ow 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 01 28 21 (M) CAO) RESPONSIBILITIES; ,a i�I►� IK"; 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 , 20! By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20 0 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 2D By: OWNER Type Name and Title 27 Gonsirudion Services Agreement: Revised 01.28.21 (00) 0 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PC No.: Date: Contractor: The following items have been secured by the for the Project known as _ 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 {lays, 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- 5, Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 6, Certificate of Substantial Completion issued on 9, Final Payment Application and Affidavits received from Contractor on: 10. 11. 12. Consent of Surety received on Operating Department personnel notified Project is in operating phase. 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. Acknowiedgments: 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 01.28,21 (V10) EXHIBIT H: GENERAL TERMS AND CONDITIONS 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 Construclion Services Agreemenl: Revised 01.28.21 (v10) 0 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 Dub -Section 2.2 as the "Utilities", Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project, Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work, The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract ❑ocuments, 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, shalt prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below, The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor, 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement- Revised 01.28.21 (00) 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 Servlcos Agreement: revised 01.28.21 (v10) stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255,078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner Such retainage 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, Any interest earned on retainage shall accrue t❑ the benefit of the Owner. 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 01.28,21 (0 U) 5, PAYMENTS WITHHELD. 51 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 Construdlorl Services Agreement' Revised 01_28.21 (v10) 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 wilt 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 ConstruC.11on Services Agreement• Revised 01.28,21 (v10) 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. B. DAILY REPORTS, SIGNE❑ AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following- 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1,2 Soil conditions which adversely affect the Work; 8A .3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8,1 A 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 Z Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of ali visitors to the Project 8.1.1 D Any problems that might impact either the cost or quality of the Work or the time of performance_ The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work ❑irective Changes and meld Orders, as well as all written interpretations and clarifications issued by the ❑esign 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 consiructlon Services Agreement: Revised 01.28,21 (00) 0 (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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5745 Telephone: (239) 252-8999 Email: PublicRecordReatuest coll_iercountyfl gov 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. 35 Construction Services Agreement: Revisod 01.28.21 (00) 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 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 whale 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 37 Consirw(Aion Services Agreement, Revised 01.28.21 (00) Orders. The Contract Amount and Contract Time sha41 be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work 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 an 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 casts) plus a maximum ten percent (10%) markup for all ❑verhead 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, or any duly authorized agents or representatives of the County, 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 Payment Application, 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 ❑ocuments. 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 t❑ 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. i f� ��311,t [ ►�i L l ■] 1I RU BJ 1 44 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 ❑f 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. 38 Construction Services Agreement: Revised 01.28.21 (v10) 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. 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 (46) 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 shal} 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 39 Construction Services Agreement: Revised 01.28,21 (v10) 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 the Insurance and Bondin Requirements form. Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit_B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 563, 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 seq. 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, including the requirements set forth in Florida Statute, §448.095. 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 wormers 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_ Contractors 1 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'slbiddeii 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 41) Construction Services Agreement: Revised 01.28.21 (00) 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 J Contractor's proposal may be deemed non- responsive. 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 websiW http://www.dhs.go_v/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible far 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 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_ 16. 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 ail tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16, ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner, 17, PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the 41 Conalruclion Services Agreementi Revised 01.28.21 (v10) 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. 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 t❑ 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 tern (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 ❑ther 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. 42 Construction Services Agreemeni: Revised 01,28.21 (v10) 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. 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 (1) 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. 43 Constructlon Services Agreement, Revised 01.28.21 (00) 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 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 ❑ocuments 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 ❑ocuments, 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, 44 Conslructlon Services Agreernenti Revised 01.28,21 (v10) a 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, 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. 22.1 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,E 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. 46 Construction Services Agreement: Revised 01.28.21 (v10) 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work, If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same, 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23,3 If any portion of the Work is defective, or if Contractor flails 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 4s construction Services Agreement: Revised 01.28.21 (v10) and equipment stared 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 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 shalt have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor, 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 47 Construction Services Agreement, Revised 01.28.21 (v1U) 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, ❑r its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, 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 knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby, If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE ❑F 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 ❑ocuments 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 AB Construction Services Agreement; Revised 01.28-21 (00) damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection, Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property, Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28 4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle. or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following; 28,5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or tither materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones ❑r other office equipment; M5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and learn 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; 44 Construction Services Agreement: Revised 01.28.21 (00) 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time_ 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or 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 colliergay.neVpurchasing. 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 ("MDT") 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 50 Conslruclion Services Agreement: Revised 01.28.21 (v10) ((. 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 materlals 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 cast 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 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 goad faith performance. 51 Construction Services Ag(eement; Revised 01.28.21 (00) 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. 33A 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. Furtherr 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 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 rernedy 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. fit Construction Services Agreement: Revised 01.28.21 (M) 0 33.8.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6A 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 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchasef Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34A .11 Cost Proposal Request 34.1,12 Payment Request Records 34.1,13 Meeting Minutes 34.1.14 Cost -Estimates 34,1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34,1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 341.21 Technical Standards 34.1.22 ❑eslgn Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34,1,31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements 53 Canstrur,6an Services Agreement. Revised 01.Z8,21 (v10) The Project files and records shall be available at all times to Owner and design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may Include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties, Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(cDcollier ov.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 54 Construction Services A9rs4ment: Revised 01.28,21 (v10) construction, engineering and inspection (CLI) 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 & 3013OA; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI. UL, PEI, ASME, MACE, NLPA, MIST & 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 I will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHVNM❑ 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. 39. STANDARDS OF CONDUCT; PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work an 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, Ra. 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 Gonsiruction services Agreement: Revised 01.28.21 (v10) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 56 Construcllon 5ervlces Agreement Rev4sed 01.28.21 (00) (a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.233) the definition of CONTRACTOR is an entity that receives a Contract 1 Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor Is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising cut of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives, 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards c 44 C.F.R. Part 206 o The Robert T, Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities rD FEMA Public Assistance Program and Policy Guide ENH IBIT I -1 Gti EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FFMA Administrator or his authorized representatives' access to construction or other worts sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the Ff'MA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps If subcontracts are to be }et, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes. To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable, DHS Seal, Logo, and Flags, The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FFMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements 200.322 As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products)_ The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award, For purposes of this section- "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights; The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U,S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services (a) Definitions. As used In this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 0.1`,R- § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons, (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to, (1) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 0i) tinter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (III) Enter Into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing -- (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that; i, Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 C. EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available Information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future rise or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertalning to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or 4s affiliates (defined at 2 C,F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180,940) or disqualified (defined at 2 C.F.R. § 180,935). (2) The contractor must comply with 2 C.F.R. pL 180, subpart C and 2 C.F.R, pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transactlon it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt, 3000, subpart C. in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspensions ariftr debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.>~.R, pt. 180, subpart C and 2 C,F.R, pt, 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule, Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https //www.epa.govtsmm/comprehensive- procurement-guldeline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenicncc (over$10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Antl-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any othe► award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 u.S,C, 3701-370$) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon Its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilitles of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts, The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section," For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations Issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 at seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3, The contractor agrees to include these requirements 'En each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000�, 1, The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq- 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,400): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§50-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F,R. § 60- 1.4_ During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin, Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 DNL EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965. and of the rules, regulations, and relevant orders of the Secretary of Labar. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (T) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1966, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the part -ion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigatlon with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act. Exempt under >=EMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under IyEMA Public Assistance Funding EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND A55URANCES STATE OF FLORIDA PROVISIONS DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSITANCE PROGRAM Applicable Laws - The County and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The County shall include this provision in all contracts issued. Data Collectlon: The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project taste items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: Project Monitoring (floridadep.agv) In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(I7)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Florida Department of Environmental protectionlCountylpermitteelengin eering consultant. The County's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(I), i=.S., including a description of organizational, physical, and electronic barriers to be used by the County's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post - construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for postconstruction environmental monitoring, Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Equal Employment Opportunity: No person on the ground of race, creed, color, rellgion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Inspector General Cooperatlow The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Lobbying* No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Local Preference: Pursuant to Section 255.0991, F-S. local vendor preference is not applicable Physical Access and Inspection: Grantor personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i, The County shall provide access to any location or facility on which County is performing work, or storing or staging equipment, materials or documents. ii. The County shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. The County shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement, EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Record Retention: A, The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment Is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. Statutory Notices Relating to Unauthorized Employment: The County shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement Statutory Notices Relating to Subcontracts: Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. 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 notsubmlt bids, proposals, or replies on leasesof real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant 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, F.S., for CATEGORY TWO for a period of 38 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list 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, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida [department of Management Services, Office of Supplier Diversity, at (850) 487-0915. EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES GRANT CE11TIFICATIONS AND ASSURANCES RETURN DOCUMENTS BY SOLICIATION DE,ADLINU Certification Regarding Drbarment, Sitspension, Ineligibility and Voluntary Exnlusion Certification regarding Lobbying Conflict of Interest Anticipated DBE, MJWBE or VETERAN Participation Statement S, Opportut7ity List for Commodities and Contractual Services and Professional Consultant Services cCa, Acknowiedgemeni of Grant Terns and Conditions CXHIBIT I -10 CMUT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered 'i'ransactlons (1) X The prospective subcontractor of the Sub-reclpient, Collier County, certifies, by submission of this document, that neither It nor its principals Is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanallon to this form. CONTRACTOR 1Nakarlrartii pro art Sorvlca LLG zlba Stator l7 By: s anat e P�tirkl& Find iiI _ Name and Title 13630 Wth Way N Street Address anarwa iur, i'L 33700 City, State, Zip 796500231 DUN$ Number n n Date Sub-Reciplent Name: Collier County ©oard of County Commissioners DEM Contract Number, TBD FEMA Project Number: TBD EXHIBIT I - At 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be Qubmitted with each bld or offer exceeding $100,000) The undersigned (Contractor) certifies, to the best of his or liar knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm- LLL, "Disclosure Fcrm to Report Lobbying," In accordance with Its instructions. 3. The undersigned shall require that the language of this certification be Included in the award documents for all subawards at all tiers (Including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by 31, U S,C, § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and rot more than $100.000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of Its certification and disclosure, If any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any, Waterfront properly Services, LLC dba Gator Dredc inn Contractor (Firm Blame) r ctor's Authorized Official Name and Title of Contractor's Authorized Official f Date EXHIOITI-12 EXHIBIT I FEiJERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification Collier County Solicitalion No. 21-7935 I, Philip 8, Findlay _ , hereby cerlify that to the best of" my knowledge, neither 1 nor my spouse, dependent child, gencral pill-Iner, ar any organization for which I and serving as an officer, director, trustee, general parhler or employee, or any person or organizalion will! W170177 1 am negotiating or have tin arrangement concerning prospective elnployntenl has a financial interest in this maker. further certify 10 the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no Relative with whom i have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I ant seeking a business relationship nor which 1 now serve actively or have served within the last year are parties or represent a party to the matter, I also acknowledge Illy responsibility to disclose [lie acquisition Of any financial Or Personal interest as described above that would be affected by the matter, and to disclose any interest 1, or anyone noted above, has in ally person or organization that does become involved in, or is Affected at a later date by, the conduct of this matter. Name tuve Vice President _ /"-Z-� Position ate/ rr'ivac_v_Act Statement Title 1 of the Ethics in Government Act of 108 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting oftws information. nie primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local Ia%v enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge -issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records managernent inspections; (5) to (lie Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of witness in a judicial or administrative proceeding, if the information is relevant to tilt subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the 0GEf00VT-2 executive branch -wide Privacy Act system of records. EXHIBIT I - 13 (a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 4:4)LLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Stalul Will Ue itrifitd, U-millatilt Slatuxo III teguita tit@ PPIME to AMID; plolode a taviftd Italemiint or I7r4Vide JCUrCa [10wmentnion that Validam a Na1W A. PRIME VENDORICONTRACTOR INFORMATION PRIMLEIJAMIE PRIME Etta NUMBER CONTRSCT DOLLAR AMOUNT wm0rool Piopefty Sawleps, LLC abn Galai FEIN: 20-3403603 ISTME PRI1,1E A FLOOR}A-CER11FIFO DISADWITAGiD, VEHAAPA-�J N IS THE ACTIVITY Of TH15 CONTRACE.-- MINCRITYORVlOMEFlEUS'l1ESSt1rTERPRI SF? DOE? l Y 1 N coNSfflucti YN4 V If 10"IfAllklVlaEf OR MAW AIMAWHSADVAIJIAGCO MBE? Y N G',DTtSULTAVON? © f# 00911I�SIIFCERTUICATIONFROM [ME 2.IALLRUSINESS AUMI7rI;IRAl10?I? YSEP'V'IGELrISRRL[b1'CTCAAti? weE? V rl uTHER? Y If SDBIIA? Y 14 ISTHISSUB111155+Q{'IAREVISION? Y CM IF YES, REV1510HNUMBER s, IF PRIME ETAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE TNIS NEXT SECTION [IRE FA(WBE 5Ub3COrti MCTOR OR SQPPLIER TYPE OF WORA OR ETKNICITY CODE SUBISUPP►JER PERCEJJT OF CONTRACT VETERAfJ NAME 5KCIALTY Set Belowl DOLLARAMOUNT DOLLARS Bt minesaVChmtr" Perk COiFStiFI t]ufvey Survey O 76,0D0.00 �.139I6 C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SVBMITTER DATE TITLE OF SUBrArrKA Philip A. Findlay Vice President EMAILADOAE: 5 CIF PRIME ISUHNAITTEIt TELEPHONE NUMBER FAN NUMBER p.findlay@gatordreciging.com 727.527-1300 727 a27-1303 NOTE. Thal Intcrrealmn is ulped to tract: and report anticipated DBE or M8E paflicipation in fliderallyfunded contracts. The WlcipAW OBE or trl ee amount iS lolklpiw ' and w10 nor become part of the contractual terms. This iorrlt nlua be suhrhltled a1 time of rtsppgse to a lolkitallon. id end whtn RluRrded a CotliltV conlwt, the prime will lie asked to update HIt information for the grant ComplianCe Was, EMNa(iTY CODE BlitkAmedran RA Hli anIC A014ritan HA F1ativeAnmrican NA Sutxonl.Asian A"rican SAA Asian-PaLlFcAmerican APA rton-minorilly women NMW gther:.not of an other gL64 liltedl b 11 D. SE(TIUN TO BE COMPLETED BY COLLIER COUNTY DATE LXHIBIT I - la EXH1131T FEDERAL CONTRACT PROVISIONS AND ASSURANCES � 11D OPPORTUIJ0 LIST FOR (CIMMODITZ ANO (010114CTUAL 50VIC6 AND PROFE55101'lAL CONSULTANT SERVICES +l a Of CO $ [ountp trial ar drfdWd in tbF CCVCOJ F2 enff F¢Qularinns ICFT) or frur1�851aruftlrr•SJ,+ilUitfnl+e1r1e0r+AARunfts+toparfkrpof;Olr_t_i�rJrfGtis_54'�ir�tsiPro+3f7�/n�.ratr !dn�aistFt0+lt6, Pri—m-6M11ractaIPr1111e[nnsultam WalerfroM f I'0 efty $elviceg. LLQ CIba C ator Dredging AddrasFMitt Phonsr,lumllar 13G3U 50111 Wtiy N. C earwal 727-5274300 procureMehl f l un16a11ki1ViRls7 manr NUdtbal l 2'1.7935 the Iis1 helow is Intended to be 4 hitlnt 01 nfim that are, or allempling to, participate on the prafatt numbered AUO,*. T11e list must in[lutlt the Ulm biddrhg of qumind as pi into, as s'+all 21 subs and stlppllers yuoling for pan:i[Ipation Priuse ton ?lltwS and S0131.111Dill I FIRM plc,Mdalnforruatlon for liulnlseri I, 2, 3, Anil .1i and, sh,7uld pro Alin any Infornmtlwt Ihay hire for Npinpers 5, 6, 7, and d, Mi farm mill lie sabnsittedwith it* tlid patl:a{e, I. Fedr?ratTaX10Nl]I17bes' MEIN: z0.5.103593 ['-I_I a8= 0 Ann4a4GrOxSR![?r=rti 1. FlrmName: yliater[ �nl Pf0158r1y Services. LLC. IV�s[JI NNA-DM Less than � } rpilllon ]. PhonatlLin,bit 41 I10r fe[13R�j BelweanSl•5million s. saulesx 727.527.1300 oetweell 5 5.10 mllbon 13630 601h Way N. F�-�r 7, L 1 5u`konll mum Between $ ld-1S millimi clearvyHler.rl__317_60 111—_-111 ;ubWMIJltdAt Rjorothan $15million S. Year Firm c5i2mplied: 2005 1. Fadaral'taxioriumW 27.3795359 6.� DOE AbilualGloss Jieraipts 2 Flan Name. Park Couslal Surv$ (darn Me List than 161011*11 1. phone soumbar. 941-41t7-i[ii 1 Batwaen; 1.5 million 4 adalress '1320 101h S1 E, Dety een 5 5.10 million a Ina o , 7. SlrtKonll,Bnor Batwaan $ 10.15 million ® 5114caniullant mar#than S 1. million S. Veatfilm f0abllshad 2010 1, FldaralTax t Moriyber. 6.0 DBE 0 Anil ualG(as'lWaipts +, Firm Name: Nns-taet LVSS than S 1 M116011i b. PhoneRumbtl: Uetwean r I.ii cluillan 4, t.d dress �I Between 55. 100111116M _ i, odor Bat54aan i 14.15 million ]Suhcontr %ibconsultant Morathin S 1Sn111lion 5, Yea'rYllt}Ettbbliilntl 1, Fed ratlTaklorlumber 6.e Deft 3. AnnualGioss molpti , Nim Name: Non-M Lam than 51 million 3. Phone Number. wymen81•3Million .s, ;.ddresi Delveeani5.10mlllion 7, sut7[oMrac[ar Betwein S 10• 13 ndrllon ;ubcomultam More than 5 15 m44llon s. yurfumestxbllsh4d: EXHIBIT I - 15 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and, Qcknowledgementof Federal Funding Certification This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive ordeng, FEMA policies, procedures, and directives, If (lie Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include In the subcontract that (1) the subcontractor Is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (Ili) the subcontractor shall (told the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements Identified in this document, VendorfContractor Name Waierlranl Pruperl5+ 5ervrce . LLC d�a Gator urrrd iF�L Date Authorized Signature EXHIBIT 1 -16 ON