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#22-7976 (SACYR Construction USA INC)
CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with SACYR Construction USA LLC ("Contractor") of 3191 Coral Way, Ste 510, Miami, FL 33145, a Foreign Limited Liability Company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Project No. 60168-Construction Services for Vanderbilt Beach Road Extension", Invitation to Bid No. 22-7976 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Jacobs Engineering Group Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the Agreement and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: One Hundred Fifty -Two Million Nine Hundred Ninety -Nine Thousand Nine Hundred Ninety -Nine Dollars and Ninety -One Cents ($152,999,999.91). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less 1 Construction Services Agreement: [2022_ver.31 than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one thousand and eighty (1,080) 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. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Fourteen Thousand Seven Hundred Twenty -Seven Dollars ($14,727.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. ec 2 Construction Services Agreement: [2022_ver.3] C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 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 of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 22-7976 "Project No. 60168- Construction Services for Vanderbilt Beach Road Extension". 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 3 Construction Services Agreement: [2022_ver.3] Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ❑ Applicable ® Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 22-7976 "Project No. 60168- Construction Services for Vanderbilt Beach Road Extension". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.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: Jacobs Engineering Group Inc. ❑Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Transportation Engineering Division 2885 Horseshoe Drive S Naples, Florida 34104 Attn: Mario Puente, Senior Project Manager Phone: (239) 252-5828 Email: Mario. Puente _colliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: SACYR Construction USA LLC 3191 Coral Way, Suite 510 Miami, Florida 33145 Attn: Enrique Alonso Zuniga, Authorized Representative Phone: (786) 773-5847 Email: JcapprosCcDsacyr.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement: [2022_ver.3] Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and 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. ONO 5 Construction Services Agreement: [2022_ver.3] 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 on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank 6 Construction Services Agreement: [2022_ver.3] IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNES ,jWt. Mk Ps CA?8240S -fte � nLntM.. §C ND WITNESS -rW74AL— %i. +tLk1JL Print Name Date: %Y ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller CONTRACTOR: SACYR Construction USA LLC o,tA-a V e- /s 6oxAco Print Name and Title OWNER: Date 0 -9 -/ 0 Y /;W� BOARD OF COUNTY COMMISSIONERS OF COI t � BY: BY: Attest as to Chairman's S*ature 04 Ap >gved as to Form and Le ality: �a County Attorney �L pw}Y Print Name oot Construction Services Agreement: 12022_ver.31 {'��� EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) O 8 Construction Services Agreement: [2022_ver.3] BID SCHEDULE Construction Services for Vanderbilt Beach Road Extension, Project 61068 SACYR CONSTRUCTION USA, LLC Item No. QTY I Unit Item Description Unit Price Total CATEGORYI- ROADWAY 101-1 1 LS MOBILIZATION $ 15,299,999.91 $ 15,299,999.91 101-1-1 1 LS PROVIDE/MAINTAIN "AS BUILT" PLANS (SIGNED AND SEALED) $ 35,000,00 $ 35,000.00 101-1-2 1 LS PROVIDE CONSTRUCTION SURVEYING AND LAYOUT $ 3,500,000.00 $ 3,500,000.00 101-1-3 1 LS PRESERVATION OF SURVEY MONUMENTS $ 12,000.00 $ 12,000.00 102-1 1 LS MAINTENANCE OF TRAFFIC $ 6,034,710.72 $ 6,034,710.72 104-10-3 252,390 LF ISEDIMENT BARRIER - STAKED SILT FENCE (TYPE III) $ 3.00 $ 757,170.00 104-11 3,001 LF IFLOATING TURBIDITY BARRIER $ 20.00 $ 60,020.00 104-18 12 EA I INLET PROTECTION SYSTEM $ 90.00 $ 1,080.00 108-1 1 LS MONITOR EXISTING STRUCTURES - INSPECTION AND SETTLEMENT MONITORING $ 50,000.00 $ 50,000.00 108-2 1 LS MONITOR EXISTING STRUCTURES - VIBRATION MONITORING $ 50,000.00 $ 50,000.00 110-1-1 325 AC CLEARING AND GRUBBING (ALL) (EXAMPLES: DRAINAGE, PIPE REMOVAL, INLET REMOVAL, ASPHALT, CONCRETE REMOVAL, UTILITIES, ETC.) $ 27,000.00 $ 8,775,000.00 110-7-1 25 EA IMAIL BOX (F&I) (SINGLE) $ 850.00 $ 21,250.00 120-1 691,862 CY EXCAVATION (INCLUDES ROCK REMOVAL, AND DEWATERING) $ 10.00 $ 6,918,620.00 120-6 1 1,137,309 CY EMBANKMENT (TOTAL) (INCLUDES IMPORTED EMBANKMENT) $ 20.00 $ 22,746,180.00 120-6A 200,000 CY EMBANKMENT (REPLACEMENT FOR UNSUITABLE MATERIAL - MAXIMUM QUANTITY ALLOWANCE) $ 26.00 $ 5,200,000.00 160-4 488,259 SY TYPE B STABILIZATION (LBR 40) (12") $ 1.50 $ 732,388.50 285 704 45,550 SY OPTIONAL BASE, BASE GROUP 04 $ 14.00 $ 637,700.00 285-706 32,386 SY OPTIONAL BASE, BASE GROUP 06 $ 19.00 $ 615,334.00 285-709 325,460 SY JOPTIONAL BASE, BASE GROUP 09 $ 21.00 $ 6,834,660.00 289-1-AAA 4,000 SY 16 INCH CRUSH CONCRETE FOR WELL ACCESS ROAD $ 10.00 $ 40,000.00 327-70-6 33,540 SY I MILLING EXISTING ASPHALT PAVEMENT, 1 1/2" AVG DEPTH $ 8.00 $ 268,320.00 334-1-52 5,509 TN SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC B, PG 76-22 $ 185.00 $ 1,019,165.00 334-1-53 44,012 TN SUPERPAVE ASPHALTIC CONCRETE. TRAFFIC C, PG 76-22 $ 175.00 $ 7,702,100.00 337-7-83 32,897 TN ASPHALT CONCRETE FRICTION COURSE,TRAFFIC C, FC 12.5, PG 76-22 $ 195.00 $ 6,414,915.00 339-1 238 TN I MISCELLANEOUS ASPHALT PAVEMENT $ 500.00 $ 119,000.00 400-0-11 221 CY CONCRETE CLASS NS, GRAVITY WALL AND CONTROL STRUCTURE APRONS $ 750.00 $ 165,750.00 400-1-2 7 CY ICONCRETE CLASS I, ENDWALLS $ 2,000.00 $ 14,000.00 425-1-201 4 EA I INLETS, CURB, TYPE P-9, <10' $ 12,000.00 $ 48,000.00 425-1-204 1 EA INLETS, CURB, TYPE 9, J BOT, <10' $ 8,600.00 $ 8,600.00 425-1-351 95 EA INLETS, CURB, TYPE P-5, <10' $ 12,500.00 $ 1,187,500.00 425-1-352 11 EA INLETS, CURB, TYPE P-5, >10' $ 15,500.00 $ 170,500.00 425-1-361 90 EA INLETS, CURB, TYPE P-6, <10' $ 13,000.00 $ 1,170,000.00 425-1-362 3 EA INLETS, CURB, TYPE P-6, >10' $ 16,000.00 $ 48,000.00 425-1-451 11 EA INLETS, CURB, TYPE J-5, <10' $ 15,000.00 $ 165,000.00 425-1-452 13 EA INLETS, CURB, TYPE J-5, >10' $ 19,000.00 $ 247,000.00 425-1-461 16 EA INLETS, CURB, TYPE J-6, <10' $ 16,000.00 $ 256,000.00 425-1-462 14 EA INLETS, CURB, TYPE J-6, >10' $ 19,500.00 $ 273,000.00 425-1-481 3 EA INLETS, CURB, TYPE P-8, <10' $ 15,000.00 $ 45,000.00 425-1-541 77 EA INLETS, DT BOT, TYPE D, <10' $ 6,500.00 $ 500,500.00 425-1-542 3 EA INLETS, DT BOT, TYPE D, >10' $ 9,000.00 $ 27,000.00 425-1-549 17 EA INLETS, DT BOT, TYPE D, MODIFY $ 9,500.00 $ 161,500.00 425-1-581 12 EA INLETS, DITCH BOTTOM, TYPE H, <10' $ 9,500.00 $ 114,000.00 425-1-582 4 EA INLETS, DITCH BOTTOM, TYPE H, >10' $ 11,500.00 $ 46,000.00 425-1-589 1 EA INLETS, DT BOT, TYPE H, MODIFY $ 7,000.00 $ 7,000.00 425-2-41 20 EA MANHOLES, P-7, <10' $ 7,500.00 $ 150,000.00 425-2-42 9 EA MANHOLES, P-7, >10' $ 9,500.00 $ 85,500.00 425-2-61 23 EA MANHOLES, P-8, <10' $ 6,950.00 $ 159,850.00 425-2-62 3 EA MANHOLES, P-8, >10' $ 12,500.00 $ 37,500.00 425-2-63 1 EA MANHOLES, P-8, PARTIAL $ 2,500.00 $ 2,500.00 425-2-71 6 EA MANHOLES, J-7, <10' $ 8,500.00 $ 51,000.00 425-2-72 13 EA MANHOLES, J-7, >10' $ 13,500.00 $ 175,500.00 425-2-91 11 EA MANHOLES, J-8, <10' $ 10,500.00 $ 115,500.00 425-2-92 31 EA MANHOLES, J-8, >10' $ 15,500.00 $ 480,500.00 430-175-115 20 LF PIPE CULVERT,OPTIONAL MATERIAL,ROUND, 15"S/CD $ 150.00 $ 3,000.00 430-175-118 8,742 LF PIPE CULVERT,OPTIONAL MATERIAL,ROUND, 18"S/CD $ 100.00 $ 874,200.00 430-175-124 25,235 LF PIPE CULVERT,OPTIONAL MATERIAL,ROUND, 24"S/CD $ 135.00 $ 3,406,725.00 430-175-130 11,392 LF PIPE CULVERT, OPT MATERIAL, ROUND, 30"S/CD $ 190.00 $ 2,164,480.00 co� 430-175-136 430-175-142 430-175-148 430-175-166 12,776 4,890 5,881 421 LF LF LF LF PIPE CULVERT, OPT MATERIAL, ROUND, 36"S/CD PIPE CULVERT, OPT MATERIAL, ROUND, 42"S/CD PIPE CULVERT, OPT MATERIAL, ROUND, 48"S/CD PIPE CULVERT, OPT MATERIAL, ROUND, 66"S/CD $ 235.00 $ 300.00 $ 375.00 $ 1,000.00 $ 3,002,360.00 $ 1,467,000.00 $ 2,205,375.00 $ 421,000.00 430-175-224 430-175-230 430-175-236 430-982-129 430-982-133 430-982-138 430-982-140 430-982-141 430-982-144 1,616 696 1,069 34 8 9 4 4 1 LF LF LF EA EA EA EA EA EA PIPE CULV, OPT MATERIAL, OTHER SHAPE - ELLIP/ARCH, 24"S/CD PIPE CULVERT, OPT MATERIAL, OTHER SHAPE - ELIP/ARCH, 30"S/CD PIPE CULVERT, OPT MATERIAL, OTHER SHAPE - ELIP/ARCH, 36"S/CD MITERED END SECTION, OPTIONAL ROUND, 24" CD MITERED END SECTION, OPTIONAL ROUND, 30" CD MITERED END SECTION, OPTIONAL ROUND, 36" CD MITERED END SECTION, OPTIONAL ROUND, 42" CD MITERED END SECTION, OPTIONAL ROUND, 48" CD MITERED END SECTION, OPTIONAL ROUND, 66" CD $ 200.00 $ 275.00 $ 350.00 $ 3,500.00 $ 6,500.00 $ 8,500.00 $ 9,000.00 $ 15,000.00 $ 35,000.00 $ 323,200.00 $ 191,400.00 $ 374,150.00 $ 119.000.00 $ 52,000.00 $ 76.500.00 $ 81,000.00 $ 60,000.00 $ 35,000.00 430-982-629 15 EA MITERED END SECTION, OPTIONAL - ELLIPTICAL/ARCH, 24" CD $ 4,000.00 $ 60,000.00 430-982-633 2 EA MITERED END SECTION, OPTIONAL - ELLIPTICAL / ARCH, 30" CD $ 4,500.00 $ 9,000.00 430-982-638 430-984-125 430-984-129 430-984-133 4 21 4 3 EA EA EA EA MITERED END SECTION, OPTIONAL - ELLIPTICAL / ARCH, 36" CD MITERED END SECTION, OPTIONAL ROUND, 18" SO MITERED END SECTION, OPTIONAL ROUND, 24" SD MITERED END SECTION, OPTIONAL ROUND, 30" SO $ 8,500.00 $ 3,000.00 $ 3,500.00 $ 6,800.00 $ 34,000.00 $ 63,000.00 $ 14,000.00 $ 20,400.00 430-984-138 2 EA MITERED END SECTION, OPTIONAL ROUND, 36" SIDE DRAIN $ 8,500.00 $ 17,000.00 430-984-629 430-984-633 430-984-638 16 4 2 EA EA EA MITERED END SECTION, OPTIONAL - ELLIPTICAL/ARCH, 24" SO I MITERED END SECT, OPTIONAL /ELLIP/ARCH, 30" SD MITERED END SECT, OPTIONAL /ELLIP/ARCH, 36" SO $ 3.500.00 $ 4,500.00 $ 8,500.00 $ 56,000.00 $ 18,000.00 $ 17,000.00 515-2-311 520-1-10 520-1-7 520-2-4 520-5-41 998 111,042 17,227 203 6,784 LF LF LF LF LF PEDESTRIAN / BICYCLE RAILING, ALUMINUM ONLY, 42" TYPE 1 (PICKET) ICONCRETE CURB AND GUTTER TYPE F ICONCRETE CURB AND GUTTER TYPE E JCONCRETE CURB, TYPE D TRAFFIC SEPARATOR CONCRETE - TYPE IV, 4' WIDE $ 179.64 $ 24.00 $ 25.00 $ $ 4545.00 $ 179,280.72 $ 2,665,008.00 $ 430,675.00 .00 $.00 $ 479,,135135.00 520-70 522-2 168 7,462 SY SY TRAFFIC SEPARATOR CONCRETE - SPECIAL, VARIABLE WIDTH ISIDEWALK CONCRETE AND DRIVEWAYS, 6" THICK $ 90.00 $ 85.00 $ 15,120.00 $ 634,270.00 530-3-4 526-1-2 527-2 4,288 1,386 828 TN SY SF RIPRAP (RUBBLE) DITCH LINING (1.5' THICK) (INCLUDES GEOTEXTILE FABRIC) IPAVERS, ARCHITECTURAL, SIDEWALK DETECTABLE WARNINGS $ 100.00 $ 150.00 $ 45.00 $ 428,800.00 $ 207,900.00 $ 37,260.00 536-1-1 9,353 LF GUARDRAIL - ROADWAY, GENERAL TL-3 (INCLUDES PIPE RAILING) $ 29.26 $ 273,668.78 SPECIAL GUARDRAIL POST - SPECIAL STEEL POST FOR 536-7-2 56 EA CONCRETE STRUCTURE MOUNT $ 307.96 $ 17,245.76 536-8-112 536-85-20 10 3 EA EA GUARDRAIL TRANSITION CONNECTION TO RIGID BARRIER (F&I) IGUARDRAIL END TREATMENT- TRAILING ANCHORAGE $ 3,284.91 $ 1,899.09 $ 32,849.10 $ 5,697.27 536-85-24 536-85-26 10 3 EA EA GUARDRAIL END TREATMENT - PARALLEL APPROACH TERMINAL I GUARDRAIL END TREATMENT - CRT $ 3,284.91 $ 3,079.61 $ 32,849.10 $ 9,238.83 FENCING, TYPE B, 8' BLACK CHAIN LINK, VINYL COATING 550-10-242 39.353 LF (COMPLETE) $ 45.00 $ 1,770,885.00 550-10-918 500 LF I FENCING, SPECIAL TYPE, 0.0 TO 5.0', RESET EXISTING $ 30.00 $ 15,000.00 550-60-223 8 EA IFENCE GATE, TYPE B, DOUBLE, 12.1-18.0' OPENING $ 4,000.00 $ 32,000.00 550-60-236 2 EA I FENCE GATE, TYPE B, SLIDING / CANTILEVER, 24.1-30.0' OPENING $ 5,500.00 $ 11,000.00 570-1-1 356,703 SY PERFORMANCE TURF, HYDROSEEDING (Incl Mowing, Watering, Fertilizer etc.) $ 0.50 $ 178,351.50 570-1-2 593,685 SY PERFORMANCE TURF, SOD (Intl Mowing, Watering, Fertilizer etc.) $ 3.00 $ 1,781,055.00 IRRIGATION SLEEVES (4") (COMPLETE) (INCLUDES OMNI BALL/PAN TONE PURPLE ENDS AND MAGNETIC LOCATING 591-1400 2,171 LF DEVICE) $ 24.00 $ 52,104.00 IRRIGATION SLEEVES (6") (COMPLETE) (INCLUDES OMNI BALL/PAN TONE PURPLE ENDS AND MAGNETIC LOCATING 591-1600 2,171 1 LF DEVICE) $ 28.00 $ 60,788.00 CC 126-1 18,666 CY MEDIAN BACK FILL FOR LANDSCAPE (18 Inch Depth) $ 28.00 1 $ 522,648.00 ` 1 FIXED $ 5,000,000.00 $ 5,000,000.00 CA $129,799,312.17 CATEGORY II - SIGNING AND PAVEMENT MARKINGS 523-1-3 48 SY PATTERENED PAVEMENT, GREEN BIKE LANE $ 90:34 $ 4 336.32 700-1-11 104 AS SINGLE POST SIGN, F&I GROUND MOUNT, UP TO 12 SF $ 427.00 $ 44,408.00 700-1-12 10 AS SINGLE POST SIGN, F&I GROUND MOUNT, 12-20 SF $ 1,682.00 700-1-13 8 AS SINGLE POST SIGN, F&I GROUND MOUNT, 21-30 SF $ 16,820.00 700-1-14 2 AS SINGLE POST SIGN, F&I GROUND MOUNT, 31+ SF $ 1,977.00 $ 15,816.00 700-1-50 1 AS SINGLE POST -SIGN $ 2,141.00 $ 4,282.00 700-1-60 22 AS SINGLE POST SIGN, REMOVE 5 $ 20.00 282 $ 250.00 700-2-12 3 AS MULTI -POST SIGN, F&I GROUND MOUNT, 12-20 SF $ 0.00 $ $ 0.00 700-2-13 3 AS MULTI -POST SIGN, F&I GROUND MOUNT, 21-30 SF 3,897.00 $ 4,720.00 $ 11,691.00 700-2-60 1 AS MULTI -POST SIGN, REMOVE $ 14,160.00 $ 800.00 1 $ 800.00 700-3-101 5 EA SIGN PANEL, FURNISH & INSTALL GROUND MOUNT, UP TO 12 SF $ 321.00 $ 1,605.00 ELECTRONIC DISPLAY SIGN, FURNISH & INSTALL GROUND 700-11-231 5 AS MOUNT- SOLAR POWER, SPEED FEEDBACK, 12-20 SF $ 23,500.00 $ 117,500.00 705-10-1 10 EA I OBJECT MARKER TYPE 1 $ 180.00 $ 1,800.00 OBJECT MARKER TYPE 4: QUANTITY BREAKDOWN IS SHOWN ON 705-10-4 2 EA THE GENERAL NOTES SHEET. TOTAL IS 14 EA $ 180.00 $ 360.00 710-90' ` 1 LS PAINTED PAVEMENT MARKINGS, FINAL SURFACE $ 147,578.97 $ 147,578.97 5,602 EA RETRO-REFLECTIVE PAVEMENT MARKERS (W/R) `THESE QUANTITIES ARE PAID FOR UNDER PAINTED PAVEMENT MARKINGS (FINAL 925 EA RETRO-REFLECTIVE PAVEMENT MARKERS (Y/Y) 521 EA RETRO-REFLECTIVE PAVEMENT MARKERS (M/D Y) ' PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 12" 4,002 LF FOR CROSSWALK AND ROUNDABOUT SURFACE), LUMP SUM- ITEM NO, 710-90. THE QUANTITIES SHOWN ARE FOR ONE ' PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 18" 5,256 LF FOR DIAGONAL OR CHEVRON APPLICATION; SEE SPECIFICATION 710 FOR THE NUMBER OF APPLICATIONS PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" ' 3,669 LF FOR STOP LINE AND CROSSWALK REQUIRED. PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, 2-4 DOTTED ' 2.682 GM GUIDELINE/ 6-10 GAP EXTENSION, 6" PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, MESSAGE 14 EA I OR SYMBOL 201 EA PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, ARROW ' 72 LF PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, YIELD LINE PAINTED PAVEMENT MARKINGS, STANDARD, MESSAGE OR ' 85 EA SYMBOL, BIKE LANE 'THESE QUANTITIES ARE PAID FOR UNDER ` 85 EA PAINTED PAVEMENT MARKINGS, STANDARD, ARROW, BIKE LANE PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, ' 2,994 LF 18" FOR DIAGONAL OR CHEVRON PAINTED PAVEMENT MARKINGS (FINAL SURFACE), LUMP SUM- ITEM NO. 710-90. PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, 2-4 ' 1.288 GM DOTTED GUIDELINE /6-10 DOTTED EXTENSION LINE, 6" THE QUANTITIES SHOWN ARE FOR ONE APPLICATION, SEE SPECIFICATION 710 FOR PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, ISLAND ` 22 SF NOSE THE NUMBER OF APPLICATIONS REQUIRED. ' 31.785 GM PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 6" ' 2.688 GM PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 8" PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SKIP, 6",10- ` 21.072 GM 30 SKIP OR 3-9 LANE DROP PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SKIP, 12", 3- ` 0.115 GM 9 LANE DROP ` 20.421 GM PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 6" ' 0.252 GM PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SKIP, 6" PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, ISLAND ' 162 SF NOSE THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR 711-11-123 4,001 LF CROSSWALK AND ROUNDABOUT $ 2.82 $ 11,283.95 THERMOPLASTIC, STANDARD, WHITE, SOLID, 18" FOR 711-11-124 5,236 LF DIAGONALS AND CHEVRONS $ 4.23 $ 22,148.28 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE 711-11-125 3,669 LF AND CROSSWALK $ 5.64 $ 20,693.72 THERMOPLASTIC, STANDARD, WHITE, 2-4 DOTTED GUIDELINE/ 6- 71 E-11-141 2.633 GM 10 GAP EXTENSION, 6" $ 2,281.15 $ 6,006.27 711-11-160 14 EA THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL $ 66.99 $ 937.86 711-11-170 201 EA ITHERMOPLASTIC, STANDARD, WHITE, ARROW $ 52.78 1 $ 10,608.78 711-11-180 72 LF ITHERMOPLASTIC, STANDARD, WHITE, YIELD LINE $ 9.14 Is 658.08 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR 711-11-224 2.994 LF DIAGONAL OR CHEVRON $ 4.23 $ 12,665.04 THERMOPLASTIC, STANDARD, YELLOW, 2-4 DOTTED GUIDE LINE 711-11-241 1.299 GM /6-10 DOTTED EXTENSION LINE, 6" $ 2,285.51 $ 2,968.88 THERMOPLASTIC, STANDARD -OTHER SURFACES WHITE, SOLID, 711-16-101 31.586 GM 6" $ 4,085.89 $ 129,056.92 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 711-16-102 2.688 GM 8" $ 5,450.54 $ 14,651.05 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SKIP, 711-16-131 1 21,013 GM 6",10-30 SKIP OR 3-9 LANE DROP $ 1,020.94 $ 91,453.01 oop THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SKIP, 711-16-133 0.115 GM 12", 3-9 LANE DROP $ 2,130.96 $ 245.06 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, 711-16-201 20.237 GM SOLID, 6" $ 4,085.98 $ 82,687.98 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SKIP, 711-16-231 0.252 GM 6" $ 1,012.98 $ 255.27 713-103-101 0.260 GM PERMANENT TAPE, WHITE, SOLID, 6" FOR CONCRETE BRIDGES $ 32,625.15 $ 8,482.54 PERMANENT TAPE, WHITE, SKIP/DOTTED, 6" FOR CONCRETE 713-103-131 0.131 GM SURFACES $ 8,094.27 $ 1,060.35 713-103-201 0.195 1 GM PERMANENT TAPE, YELLOW, SOLID, 6" FOR CONCRETE BRIDGES $ 31,788.62 $ 6,198.78 PERMANENT TAPE, BLACK, SKIP/DOTTED, 6" FOR CONCRETE 713-103-331 0.131 GM SURFACES I $ 8,094.27 $ 1,060.35 1 FIXED Is 50,000.00 $ 50,000.00 PAVEMENT$784.969.46 CATEGORY III - SIGNALS 630-2-11 38,666 LF CONDUIT, FURNISH & INSTALL, OPEN TRENCH $ 26.90 $ 1,040,115.40 630-2-12 1,075 LF CONDUIT, FURNISH & INSTALL, DIRECTIONAL BORE $ 72.23 $ 77,647.25 632-7-1 4 PI SIGNAL CABLE, NEW OR RECONSTRUCTED INTERSECTION, F&I $ 13,447.61 $ 53,790.44 633-1-121 530 LF FIBER OPTIC CABLE, F&I, UNDERGROUND,2-12 FIBERS $ 6.11 $ 3,238.30 633-1-122 41,911 LF FIBER OPTIC CABLE, F&I, UNDERGROUND,13-48 FIBERS $ 7.13 $ 298,825.43 633-2-31 78 EA FIBER OPTIC CONNECTION, INSTALL, SPLICE $ 61.13 $ 4,768.14 633-3-11 7 EA FIBER OPTIC CONNECTION HARDWARE, F&I, SPLICE ENCLOSURE $ 794.63 $ 5,562.41 633-3-12 9 EA FIBER OPTIC CONNECTION HARDWARE, F&I, SPLICE TRAY $ 50.94 $ 458.46 633-3-13 20 EA FIBER OPTIC CONNECTION HARDWARE, F&I, PRETERMINATED CONNECTOR ASSEMBLY $ 81.50 $ 1,630.00 633-3-15 5 EA FIBER OPTIC CONNECTION HARDWARE, F&I, PRETERMINATED PATCH PANEL $ 1,579.08 $ 7,895.40 633-8-1 285 LF MULTI -CONDUCTOR COMMUNICATION CABLE - POWER OVER ETHERNET, F&I $ 6.11 $ 1,741.35 635-2-11A 23 EA PULL & SPLICE BOX, F&I, 13"x24" COVER SIZE $ 937.26 $ 21,556.98 635-2-11B 95 EA PULL & SPLICE BOX, F&I, 17"00" COVER SIZE $ 1,141.01 $ 108,395.95 635-2-12 68 EA I PULL & SPLICE BOX, F&I, 24"x36" COVER SIZE $ 1,935.64 $ 131,623.52 635-2-13 6 EA PULL & SPLICE BOX, F&I, 30" X 60" RECTANGULAR OR 36" ROUND COVER SIZE $ 4,564.04 $ 27,384.24 639-1-122 4 AS ELECTRICAL POWER SERVICE, F&I, UNDERGROUND, METER PURCHASED BY CONTRACTOR $ 2,231.08 $ 8,924.32 639-2-1 475 LF ELECTRICAL SERVICE WIRE, F&I $ 5.60 $ 2,660.00 639-3-11 5 EA ELECTRICAL SERVICE DISCONNECT, F&I, POLE MOUNT $ 886.32 $ 4,431.60 639-6-1 1 EA ELECTRICAL POWER SERVICE, TRANSFORMER, F&I $ 8,150.07 $ 8,150.07 641-2-12 4 EA PRESTRESSED CONCRETE POLE, F&I, TYPE P-II SERVICE POLE $ 1,894.89 $ 7,579.56 646-1-11 24 EA ALUMINUM SIGNALS POLE, F&I, PEDESTAL $ 1,966.20 $ 47,188.80 646-2-130 2 EA ALUMINUM POLE, INDEX 695-001, FURNISH AND INSTALL, 30' $ 5,654.11 $ 11,308.22 649-21-6 2 EA STEEL MAST ARM ASSEMBLY, FURNISH AND INSTALL, SINGLE ARM 50' (W/Luminaire) $ 99,634.55 $ 199,269.10 649-21-10 3 EA JARM STEEL MAST ARM ASSEMBLY, FURNISH AND INSTALL, SINGLE 60' (W/Luminaire) $ 107,784.62 $ 323,353.86 649-21-15 1 5 EA STEEL MAST ARM ASSEMBLY, FURNISH AND INSTALL, SINGLE ARM 70' (W/Luminaire) $ 115,934.68 $ 579,673.40 649-21-21 2 EA STEEL MAST ARM ASSEMBLY, FURNISH AND INSTALL, SINGLE ARM 78' (W/Luminaire) $ 151,387.47 $ 302,774.94 650-1-14 24 AS TRAFFIC SIGNAL, FURNISH & INSTALL ALUMINUM, 3 SECTION, 1 WAY $ 1,609.64 $ 38,631.36 650-1-16 9 AS TRAFFIC SIGNAL, FURNISH & INSTALL ALUMINUM, 4 SECTION, 1 WAY $ 2,791.40 $ 25,122.60 650-1-60 1 AS VEHICULAR TRAFFIC SIGNAL, REMOVE -POLES TO REMAIN $ 366.75 $ 366.75 650-1-70 4 AS VEHICULAR TRAFFIC SIGNAL, RELOCATE - INCLUDES REMOVAL AND REINSTALLING $ 1,141.01 $ 4,564.04 653-1-11 24 AS PEDESTRIAN SIGNAL, FURNISH & INSTALL LED COUNTDOWN, 1 WAY $ 937.26 $ 22,494.24 660-1-109 13 EA LOOP DETECTOR, INDUCTIVE, F&I, TYPE 9 $ 580.69 $ 7,548.97 660-2-106 24 AS LOOP ASSEMBLY, F&I, TYPE F, 6' X 40' $ 1,813.39 $ 43,521.36 660-2-106D 2 AS LOOP ASSEMBLY, F&I, TYPE F (MOD, BIKE), 3' X 20' $ 1,660.58 $ 3,321.16 660-3-11 8 EA VEHICLE DETECTION SYSTEM -MICROWAVE, F&I, CABINET EQUIPMENT $ 9,270.70 $ 74,165.60 660-3-12 5 EA VEHICLE DETECTION SYSTEM -MICROWAVE, F&I, ABOVE GROUND EQUIPMENT $ 17,420.77 $ 87,103.85 663-1-111 3 EA SIGNAL PRIORITY AND PREEMPTION SYSTEM, F&I, OPTICAL, CABINET ELECTRONICS $ 11,511.97 $ 34,535.91 663-1-112 11 1 EA IDETECTOR SIGNAL PRIORITY AND PREEMPTION SYSTEM, F&I, OPTICAL, $ 5,684.67 $ 62,531.37 665-1-11 24 1 EA I PEDESTRIAN DETECTOR, F&I, STANDARD $ 427.88 $ 10,269.12 a 670-5-111 3 AS TRAFFIC CONTROLLER ASSEMBLY, F&I, NEMA, ONE PREEMPTION $ 50,530.41 $ 151,591.23 670-5-400 1 AS TRAFFIC CONTROLLER ASSEMBLY, MODIFY $ 4,278.78 $ 4,278.78 682-1-113 6 EA ITS CCTV CAMERA, F&I, DOME PTZ ENCLOSURE- PRESSURIZED, IP, HIGH DEFINITION $ 9,932.89 $ 59,597.34 682-2-11 3 EA VIDEO DISPLAY EQUIPMENT, RELOCATE $ 1,752.26 $ 5,256.78 684-1-1 8 EA MANAGED FIELD ETHERNET SWITCH, F&I $ 5,603.17 $ 44,825.36 684-2-1 1 EA DEVICE SERVER, F&I $ 10,391.33 $ 10,391.33 685-1-11 1 EA UNINTERUPTIBLE POWER SUPPLY, F&I, LINE INTERACTIVE $ 8,812.26 $ 8,812.26 685-1-13 3 EA UNINTERUPTIBLE POWER SUPPLY, F&I, LINE INTERACTIVE WITH CABINET $ 19,814.85 $ 59,444.55 695-2-1 2 EA TRAFFIC MONITORING SITE NON -INTRUSIVE VEHICLE SENSOR- NON -WEIGHT, FURNISH & INSTALL $ 13,549.49 $ 27,098.98 695-5-1 1 EA TRAFFIC MONITORING SITE SOLAR POWER UNIT, FURNISH & INSTALL $ 6,265.36 $ 6,265.36 695-7-133 2 EA TRAFFIC MONITORING SITE CABINET, FURNISH & INSTALL, TYPE 3, POLE MOUNT $ 11,766.66 $ 23,533.32 695-8-11 2 EA TRAFFIC MONITORING SITE COMMUNICATIONS MODEM FURNISH & INSTALL $ 2,699.71 $ 5,399.42 700-5-22 12 EA INTERNALLY ILLUMINATED SIGN, FURNISH & INSTALL OVERHEAD MOUNT, 12-18 SF $ 9,494.83 $ 113,937.96 1 FIXED $ 100,000.00 $ 100,000.00 $4,314,556.14 CATEGORY IV - LIGHTING 630-2-11 3,176 LF LIGHTING CONDUIT, F&I, OPEN TRENCH $ 15.69 $ 49,831.44 635-2-11 36 EA PULL & SPLICE BOX, F&I, 13"X24" COVER SIZE $ 1,293.82 $ 46,577.52 639-1-122 6 AS ELECTRICAL POWER SERVICE, F&I, UNDERGROUND, METER PURCHASED BY CONTRACTOR $ 1,813.39 $ 10,880.34 641-2-12 6 EA PRESTRESSED CONCRETE POLE, F&I, TYPE P-II SERVICE POLE, 12' $ 1,894.89 $ 11,369.34 715-1-12 10,467 LF LIGHTING CONDUCTORS, F&I, INSULATE, NO. 8-6 $ 3.36 $ 35,169.12 715-1-13 1,570 LF LIGHTING CONDUCTORS, F&I, INSULATE, NO. 4-2 $ 6.83 $ 10,723.10 715-4-12 25 EA LIGHT POLE COMPLETE, F&I, POLE-35' (INCLUDES LED LUMINAIRE) $ 14,058.86 $ 351,471.50 715-5-31 12 EA LUMINAIRE AND BRACKET ARM -ALUMINUM, F&I NEW LUMINAIRE AND ARM ON NEW / EXISTING POLE $ 5,195.67 $ 62,348.04 715-7-11 6 EA LOAD CENTER (F&I SECONDARY VOLTAGE) (INCLUDES SERVICE WIRE TO POWER SUPPLY) $ 23,431.44 $ 140,588.64 715-500-1 25 EA POLE CABLE DISTRIBUTION SYSTEM, CONVENTIONAL, COLLIER COUNTY SPECIFICATIONS $ 804.82 $ 20,120.50 1 FIXED $ 20,000.00 $ 20,000.00 CATEGORY IV - HTI A $759,079.54 CATEGORY V - STRUCTURES 400-2-10 591 CY CONCRETE CLASS II, APPROACH SLABS $ 800.00 $ 472,800.00 400-2-4 1,718 CY CONCRETE CLASS II, BRIDGE SUPERSTRUCTURE (CAST-IN- PLACE SLAB) $ 1,000.00 $ 1,718,000.00 400-4-5 344 CY CONCRETE CLASS IV, BRIDGE SUBSTRUCTURE $ 1,800.00 $ 619,020.00 400-7 2,399 SY BRIDGE DECK GROOVING $ 10.50 $ 25,189.50 400-9 2,399 SY BRIDGE DECK PLANING $ 10.50 $ 25,189.50 400-148 38 CF PLAIN NEOPRENE BEARING PADS $ 1,800.00 $ 68,400.00 415-1-4 544,657 LB REINFORCING STEEL- BRIDGE SUPERSTRUCTURE (CAST-IN- PLACE SLAB) $ 1.50 $ 816,985.50 415-1-5 37,398 LB REINFORCING STEEL- BRIDGE SUBSTRUCTURE $ 1.75 $ 65,446.50 415-1-9 110,532 LB REINFORCING STEEL- APPROACH SLABS $ 1.50 $ 165,798.00 455-34-3 6,705 LF PRESTRESSED CONCRETE PILING, 18" SQ. $ 200.00 $ 1,341,000.00 455-143-3 768 LF TEST PILES -PRESTRESSED CONCRETE, 18" SQ. $ 350.00 $ 268,800.00 458-1-11 516 LF BRIDGE DECK EXPANSION JOINT, NEW CONSTRUCTION, F&I POURED JOINT WITH BACKER ROD $ 180.00 $ 92,880.00 515-4-2 684 LF BULLET RAIL, DOUBLE RAIL $ 93.41 $ 63,892.44 520-70 372 SY CONCRETE TRAFFIC SEPARATOR, SPECIAL- VARIABLE WIDTH $ 95.00 $ 35,340.00 521-6-11 684 LF CONCRETE PARAPET, PEDESTRIAN/BICYCLE, 27" HEIGHT $ 150.00 $ 102,600.00 521-5-13 1,022 LF ICONCRETE TRAFFIC RAILING- BRIDGE, 36" SINGLE SLOPE $ 105.00 $ 107,310.00 530-1-100 128 CY RIPRAP, SAND -CEMENT $ 650.00 $ 83,200.00 530-3-3 7,970 TN RIPRAP-RUBBLE, BANK AND SHORE $ 150.00 $ 1,195,500.00 530-74 2,874 TN BEDDING STONE $ 100.00 $ 287,400.00 630-2-16 2,143 LF CONDUIT, FURNISH & INSTALL, EMBEDDED CONCRETE BARRIERS AND TRAFFIC RAILINGS $ 12.70 $ 27,216.10 635-3-13 24 EA JUNCTION BOX, FURNISH & INSTALL, EMBEDDED $ 1,018.76 $ 24,450.24 1 FIXED $ 350,000.00 $ 350,000.00 AL $7,956,417.78 r_\ CATEGORY VI - PUBLIC UTILITIES —Aroo ■RAIM 8 INCH PVC C900 DR-18 (F&I) (INCLUDES ALL RESTRAINTED WM-01 30 LF JOINTS) $ 125.00 $ 3,750.00 10 INCH PVC C900 DR-14 (F&I) (INCLUDES ALL RESTRAINTED JOINTS) (NOTE: LARGER CLASS BECAUSE PIPE IS USED UNDER WM-02 112 LF ROADWAY) $ 120.00 $ 13,440.00 12 INCH PVC C900 DR-18 (F&I) (INCLUDES ALL RESTRAINTED WM-03 4,583 LF JOINTS) $ 120.00 $ 549,960.00 WM-04 14,133 LF 116 INCH HDPE DR-11 (DIPS) (F&I) $ 125.00 1 $ 1,766,625.00 WM-05 3 EA 110 INCH GATE VALVE (F&I) $ 4,000.00 $ 12,000.00 WM-06 6 EA 112 INCH GATE VALVE (F&I) $ 5,000.00 $ 30,000.00 WM-07 18 EA 116 INCH GATE VALVE (F&I) $ 10,000.00 $ 180,000.00 WM-08 2 EA JAIR REALEASE VALVE FOR 12 INCH PIPE (F&I) $ 2,000.00 $ 4,000.00 WM-09 11 EA JAIR REALEASE VALVE FOR 16 INCH PIPE (F&I) $ 3,000.00 $ 33,000.00 HYDRANT ASSEMBLY (F&I) (COMPLETE) (INCLUDES TEE, VALVE, WM-10 17 EA ADDITIONAL PIPE, FITTINGS, RESTRAINTS, ETC.) $ 10,000.00 $ 170,000.00 WM-11 1 EA PERMANENT BACTERIAL SAMPLE POINT FOR 12 INCH PIPE (F&I) $ 3,200.00 $ 3,200.00 WM-12 5 EA PERMANENT BACTERIAL SAMPLE POINT FOR 16 INCH PIPE (F&I) $ 3,500.00 $ 17,500.00 SERVICE METER (F&I) (COMPLETE FROM SADDLE TAP TO RIGHT- WM-13 10 EA OF -WAY OR CONNECTION TO EXISTING SERVICE) $ 2,500.00 $ 25,000.00 WM-14 6 TN FITTINGS AND ADDITIONAL RESTRAINTS (F&I) $ 30,000.00 $ 180,000.00 CONNECTION (COMPLETE) (INCLUDES ALL ADDITIONAL WM-15 7 EA FITTINGS, RESTRAINTS TO EXISTING, VACUUM TRUCK(S), ETC.) $ 12,500.00 $ 87,500.00 FLOWABLE FILL OR GROUT (COMPLETE PER FDOT OR COLLIER WM-16 57 CY COUNTY SPECIFICATIONS) $ 450.00 $ 25,650.00 RESTORATION OF OLD VANDERBILT BEACH ROAD (GREY HAWK 7 WM-17 1 LS CONNECTION) (REPLACE IN -KIND) $ 12,500.00 $ 12,500.00 24 INCH PVC C905 DR-25 (F&I) (INCLUDES ALL RESTRAINTED NPW-01 92 LF JOINTS) $ 350.00 $ 32,200.00 NPW-02 8,171 LF 18 INCH HDPE DR-11 (DIPS) (F&I) $ 120.00 $ 980,520.00 NPW-03 603 LF 130 INCH HOPE DR-11 (DIPS) (F&I) $ 350.00 $ 211,050.00 NPW-04 14 EA 18 INCH GATE VALVE (F&I) $ 20,000.00 $ 280,000.00 NPW-05 2 EA 124 INCH GATE VALVE (F&I) $ 26,500.00 $ 53,000.00 NPW-06 2 EA 130 INCH GATE VALVE (F&I) $ 60,000.00 $ 120,000.00 NPW-07 5 EA JAIR REALEASE VALVE FOR 18 INCH PIPE (F&I) $ 2,500.00 $ 12,500.00 NPW- 88 2 EA AIR REALEASE VALVE FOR 30 INCH PIPE (F&I) $ 4,500.00 $ 9,000.00 NPW-09 10 TN FITTINGS AND ADDITIONAL RESTRAINTS (F&I) $ 30,000.00 $ 300,000.00 CONNECTION (COMPLETE) (INCLUDES ALL ADDITIONAL NPW-10 14 EA FITTINGS, RESTRAINTS TO EXISTING, VACUUM TRUCK(S), ETC.) $ 15,000.00 $ 210,000.00 HORZ. DIRECTIONAL DRILL FOR 30 INCH HOPE DR-11 (DIPS) (COMPLETE) (INCLUDES PIPE, CONNECTIONS, TRACKING WIRE, NPW-11 500 LF ETC.) $ 1,000.00 $ 500,000.00 [j EF3 340 1 1 1 LF EA EA TN 10 INCH PVC C900 DR-18 (F&I) (INCLUDES ALL RESTRAINTED JOINTS) 10 INCH PLUG VALVE (F&I) AIR REALEASE VALVE FOR 10 INCH PIPE (F&I) FITTINGS AND ADDITIONAL RESTRAINTS (F&I) $ 145.00 $ 4,500.00 $ 8,500.00 $ 25,000.00 $ 49,300.00 $ 4,500.00 $ 8,500.00 $ 25,000.00 FM-05 2 EA CONNECTION (COMPLETE) (INCLUDES ALL ADDITIONAL FITTINGS, RESTRAINTS TO EXISTING, VACUUM TRUCK(S), ETC.) $ 10,000.00 1 Is 20,000.00 1 18,603 LF CONDUIT, FURNISH & INSTALL, OPEN TRENCH $ 28.93 $ 2 3,677 LF CONDUIT, FURNISH & INSTALL, DIRECTIONAL BORE $ 51.85 190,652.79 45 $ 190,652.45 CONDUIT, FURNISH & INSTALL, DIRECTIONAL BORE (AT CURRY V633-1-121 ` 410 LF CANAL) $ 532.30 $ 217,609.02 $ 2,882 LF FIBER OPTIC CABLE, F&I, UNDERGROUND,2-12 FIBERS $ 6.11 28,936 LF FIBER OPTIC CABLE, F&I, UNDERGROUND, 97 - 144 FIBERS $ 10.19 94,857.844 $ 294,857.84 633-2-31 168 EA FIBER OPTIC CONNECTION, INSTALL, SPLICE $ 61.13 $ 10,269.84 FIBER OPTIC CONNECTION HARDWARE, F&I, SPLICE 633-3-11 30 EA ENCLOSURE $ 794.63 $ 23,838.90 $ 1,528.20 633-3- 22 30 EA FIBER OPTIC CONNECTION HARDWARE, F&I, SPLICE TRAY $ 50.94 FIBER OPTIC CONNECTION HARDWARE, F&I, PRETERMINATED 633-3-13 180 EA CONNECTOR ASSEMBLY $ 81.50 $ 14,670.00 FIBER OPTIC CONNECTION HARDWARE, F&I, PRETERMINATED 633-3-15 32 EA PATCH PANEL $ 1,579.08 $ 1,956.02 $ 50,530.56 $ 41,076.42 635-2-12 21 EA PULL BOX, F&I, 24" X 36" COVER SIZE, FIBER SPLICE VAULT, F&I, 30" X 60" RECTANGULAR OR 36" ROUND 635-2-13 7 EA COVER SIZE, FIBER $ 4,564.04 $ 31,948.28 HS-20 SPLICE VAULT, F&I, 30" X 60" RECTANGULAR OR 36" 635-2-101 6 EA ROUND COVER SIZE, FIBER $ 5,114.17 $ 30,685.02 635-2-108 11 EA HS-20 PULL BOX, F&I, 24" x 36" COVER SIZE, ELECTRICAL & FIBER $ 2,750.65 $ 30,257.15 639-2-1 2,920 LF ELECTRICAL SERVICE WIRE, FURNISH & INSTALL $ 376.94 $ 1,100,664.80 639-3-11 1 EA ELECTRICAL SERVICE DISCONNECT, F&I, POLE MOUNT $ 2,546.90 $ 2,546.90 SECURITY CAMERAS 633-1-122 2,882 LF FIBER OPTIC CABLE, F&I, UNDERGROUND,13-48 FIBERS $ 7.13 $ 20,548.66 633-2-31 372 EA FIBER OPTIC CONNECTION, INSTALL, SPLICE $ 61.13 $ 22,740.36 633-3-12 30 EA FIBER OPTIC CONNECTION HARDWARE, F&I, SPLICE TRAY $ 50.94 $ 1,528.20 633-3-13 180 EA FIBER OPTIC CONNECTION HARDWARE, F&I, PRETERMINATED CONNECTOR ASSEMBLY $ 81.50 $ 14,670.00 633-3-15 32 EA FIBER OPTIC CONNECTION HARDWARE, F&I, PRETERMINATED PATCH PANEL $ 1,579.08 $ 50,530.56 676-3-10 12 EA SMALL EQUIPMENT ENCLOSURE, INSTALL, >10" W x 13" H x 11" D $ 5,042.85 $ 60,514.20 1 FIXED $ 300,000.00 $ 300,000.00 -PUBLICCATEGORY VI I $ 8,997,790.15 CATEGORY VII - BOAT RAMPS 110- 1- 1 0.30 AC CLEARING AND GRUBBING (CURRY, CORKSCREW, ORANGE TREE CANAL) $ 25,000.00 $ 7,500.00 104-10-3 1,270 LF I SEDIMENT BARRIER - STAKED SILT FENCE $ 2.00 $ 2,540.00 104-11 290 LF IFLOATING TURBIDITY BARRIER $ 18.00 $ 5,220.00 120-1 1.455 Cy REGULAR EXCAVATION (INCLUDES RE -GRADED STABILIZED MAINTENANCE BERM) $ 10.00 $ 14,550.00 160-4 658 SY SUB -GRADE STABILIZATION WITH 12" GRAVEL SUB -BASE (INCLUDES WOVEN FILTER FABRIC) $ 35.00 $ 23,014.44 522-2 78.0 SY RAMP CONCRETE APPROACH SLAB $ 350.00 $ 27,300.00 530-3-1 508 TN TYPE W RIP -RAP SCOUR PROTECTION (INCLUDES GEOTEXTILE FABRIC AND 6" BEDDING) $ 140.00 $ 71,120.00 530-3-4 125 TN TYPED' RIP -RAP SCOUR PROTECTION (INCLUDES GEOTEXTILE FABRIC AND 6" BEDDING) $ 150.00 $ 18,750.00 570-1-2 1,465 SY PERFORMANCE TURF (SOD) $ 4.00 $ 5,860.00 999-1 5,630 SF ARTICULATED CONC. MAT (BOAT RAMP) (F&I) (INCL GEOGRID, GEOTEXTILE, BEDDING STONE) $ 28.00 $ 157,640.00 999-2 5 EA ACCESS SWING BARRIER GATE (20 FT -BLACK COATED) (INCL. POST FTGS, HARDWARE & OM4-1 SIGNS-2 EA) $ 4,876.04 $ 24,380.20 1 FIXED $ 30,000.00 $ 30,000.00 BOAT RAMPS TOTAL$387,874.64 BID SUMMARY CATEGORY I - ROADWAY TOTAL $129,799,312.191 CATEGORY II - SIGNING & PAVEMENT MARKINGS TOTAL $784,969.461 CATEGORY III - SIGNALS TOTAL $4,314,556. CATEGORY IV - LIGHTING TOTAL CATEGORY V - STRUCTURES TOTAL $7,956,417 CATEGORY VI - PUBLIC UTILITIES TOTAL $8,997,790. CATEGORY VII - BOAT RAMPS TOTAL $387 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) Construction Services Agreement: [2022_ver.3] C0 Per C oM14ty Procurement Services Division Date: 4/22/2022 Email: Kristofer.Lopez@oolliercountyfl.gov Telephone (239) 252-8375 Addendum #1 From: Kristofer Lopez, Senior Procurement Strategist To: Interested Bidders Subject: Addendum #1 Solicitation #22-7976 Project No. 60168 Vanderbilt Beach Road Extension The fol I owi ng dari fi cations are issued asan addendum identifying the fol I owi ng clarification to the scope of work, changes, deletions, or additi onsto the origi nal solicitation document for the referenced sol iatati on: 1. Revised Solid tali on Uploaded —Insurance Requirements have been revised 2. Revised Bid Schedule Uploaded, titled: 22-7976 Bid Schedule Revised 4.22.22 3. Exhibit M .1 A Plans Roadway Revision has been uploaded 4. Exhibit M.6A Plans Utilities Revision has been uploaded 5. Exhibit J.6 Supplemental Specs SCA DA has been uploaded 6. Exhibit L Standard Details— Parcel Report has been uploaded 7. FPL Work Schedul e—FPL Planshave been uploaded 8. Comcast Work Schedul e — Roadway PI ans w/ Comcast have been upl oaded 9. L umi n-Century L i nk Work Schedul e— Roadway R a7s w/ Century L i nk have been uploaded 10. Teco Work Schedule— Roadway Plansw/ TECO have uploaded 11. Pre -Bid Sign in Sheets have been uploaded with Addendum #1 If you require additional information, please post aquestion on our Bid Sync (www.bid ync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of thisAddendum with your submittal for the above referenced sdicitati _ 05/19/22 pgnature) Enrttroe. onso ZuNga, Authorized Representative Date Construction USA LLC rm) Coo Ter county Procurement Services Division Date: 5,�2`2022 Email: Kristofer.Lopez�ta':colliercountyfl.gov Telephone: (239) 252-8375 Addendum #2 From: Kristofer Lopez, Senior Procurement Strategist To: Interested Bidders Subject: Addendum #2 Solicitation #22-7976 Project No. 60168 Vanderbilt Beach Road Extension The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: 1. Revised Bid Schedule Uploaded, titled: 22-7976 Bid Schedule Revised 4,22.22 2. Exhibit M2.1 Signing Pavement Markings Revision 4.29.22 has been uploaded 3. Key Sheet Revision 4.29.22 has been uploaded If you require additional information, please post a question on our Bid Sync (www.bids n . om) bidding platform under the solicitation for this project. Please sigh below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Enrique Alonso ZuAiga, Authorized Representative Sacyr Construction USA LLC (Name of Firm) 05/19/22 Date Co Ter county Procurement Services Division Date: 51 11: 2022 Email: Kristofer.Lopez@colliercountyfl.gov colliercountyfl.gov Telephone: (239) 252-8375 Addendum #3 From: Kristofer Lopez, Senior Procurement Strategist To: Interested Bidders Subject: Addendum #3 Solicitation #22-7976 Project No. 60168 Vanderbilt Beach Road Extension The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: 1. Revised Bid Schedule uploaded: 22-7976 Bid schedule Revised 5-12-22 a. Added Pay Items 108-1 and 108-2 2. Exhibit I Supplemental Terms and Conditions 5-12 uploaded 3. Exhibit L Canal Relocation and Boat Ramps, Collier Co Geotech Report uploaded 4. Pre -Bid Sign in sheet uploaded- Attached to addendum #3 If you require additional information, please post a question on our Bid Sync (www.hid,5yne.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 05/ 19/22 (Signature) Enrique AMonso Zuriiga, Authorized Representative Sacyr Construction USA LLC (Name of Firm) Date A� G Director, Procurement Services Division FORM I - BID RESPONSE FORM BOARD OF COUNTY COMMiSSIONE:RS COLLIER COUNTY, FLORIDA Project No. 60168 - Construction Service; for Vanderbilt Beach Road Extension BID NO.22-7976 Full Name of Bidder Sacyr Construction USA LLC Main Business Address 3191 Coral Way - Suite 510, Miami FL 33145 Place of Business Miami Telephone No. _786 773 5847 Fax No. nla State Contractor's License P CGC1528154 State of Florida Certificate of Authority Document Number M15000004810 Federal Tax Identification Number 61-1753336 DUNS " 079853819 CCRtt Cate Code 7E9G3 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Construction Solicitation Doc rev 02-21-20 �O G Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at (lie time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commcnectltent date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Thousand and Eighty (1,080) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature:_ Enrique Alonso Zutiiga Title: Authorized Representative Date: May 19, 2022 Construction Solicitation Doc rev 02-21-20 FORM 2 - CONTRACTOR'S KEY PERSONNEL ASStCNED TO THE PROJECT Project No, 60168 Construction Services for Vanderbilt Beach Road Extension Bid No. 22-7976 Name Joe Cothran Faraz Alavi Construction Solicitation Doc rev 02-21-20 Personnel Category Construction Superintendent Project Manager FORM 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid speci fi cati ons, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida a',s i ong as the price. fitness and quality are equal. Excaepti ons (when equals are ameptabie) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, B i drier shal I IF u mi sh the manufacturer named in the speci f i cati on . A c ceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign seat on A OR B Section A (Acceptanceof all manufacturesand materialsin Bid specifications) On behalf of my firm I confirm that wewill useall manufacturersand materiaisas specifically outlined in the Bid specifications. Signature: Enrique AloYr+ X_Cpa `Qhodzed Representative Section B (Exception requested to Bid specifications manufacturers and materials) 1. Date: May 19, 2022 EXCEPTION _MATERIA_L. EXCEPTION MANUFACTURER Signature: Date Construction Solicitation Doc rev 02-21-20 00P FORM A -LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further.. the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work 1. Electrical 2. Mechanical 3 Plumbing —Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Signature: Enrique Alonso ZuNga, Authorized Representative Construction Solicitation Doc rev 02-21-20 Subcontractor and Address Date: May 19, 2022 up O G� FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the tenns of the Agreement. 2. 3. SR 82 from Alabama Rd to Homestead Rd. S (project name) Florida (project location) Add lanes & reconstruction (project description) Uf0918 - 05?14r21 $ 44, 539 372 00 (project start,completion dates) (contract value) Franjo Road Design Build Project (project name) Palmetto Bay , Florida (project location) FDOT - D 1 (project owner) 801 N Broadway Ave, Bartow, FL 33830 (Owner's address) Tom Deer, P. E -Senior Project Engineer (Owner's contact person) (title) 239-340-3886 tom.deer@kinardstone.com (phone) (email) Village of Palmetto Bay (project owner) 9705 E. Hibiscus St. ,Palmetto Bay, FL 33157 (Owner's address) Roadway and complete infrastructure improvements Nick Marano City Manager (project description) (Owner's contact person) (title) 05/07/2018 - 05/21/211 S 10,853,624.66 305 259 1240 nmarano@palmettobay-fl.gov (project start/compietion dates) (contract value) (phone) (email) Pedemontana Veneta Highway Superstrada Pedemontana Veneta SpA (project name) (project owner) Italy Corso Vittorio Emanuele 11, 178, 10138 Torino (Italy) (project location) (Owner's address) Construction of new highway/2-lanes each direction Elisabetta Pellegrini - Responsible for the Contract (project description) (Owner's contact person) (title) Nov 2011/June 2019 $ 1,086,947,239 +39 011 7172 743 (project start/completion dates) (contract value) (phone) Construction Solicitation Doc rev 02-21-20 elisabefta,pellegrini@regione.veneto.it 1. FORM 5 - STATEMENT OF EXPERIENCE OF SADDER 4• Roadway Corridor Routes 21-24 (project name) 5. 31 Uruguay (project location) Design, construction and rehabilitation of 80- miles of highway (project description) Aug 2017 / Nov 2019 S 72,115,021 (project completion date) (contract value) Route 43- Coquimbo P3 Project (project name) Chile (project location) Construction of 53-miles of highway (project description) May 20131 July 2018 $ 199,182,571 (project completion date) (contrae(value) Concepcion - Cabrero Highway P3 Project (project name) Chile (project location) Construction and improvements works of 63-miles of highway (four -lane highway) (project description) Concessoinarne Company Rutas del Litoral, S.A. (project owner) Rinchn 602, Oficina 1101. Montevideo (Uruguay) (Owner's address) Javier Suarez Sabugal / General Manager (Owner's contact person) (title) +598 29167798 jsuarez@rutasdellitoral.com uy (phone) (email) Ruta del Limarl (project owner) Avenida Isidora Goyenechea, 2800 Suite 2401. Las Condes Santiago de Chile (Owner's address) Judith Sepulveda Gonzalez ! Operations Manager (Owner's contact person) (title) +56 9 52079899 jsepulveda@sacyr.com (phone) (email) Concesso,nar,e Company Valles del Bio Bio, S.A. (project owner) Ruta 146 9, Concepcion, Chill6n Viejo, Bio Bio (Chile) (Owner's address) Gonzalo Fuentealba Alvarado / Operation Manager (Owner's contact person) (title) June 2012 / Aug 2018 $ 319,878,029 +56 971096413 guuentealba@sacyr com (project completion date) (contract value) (phone) (email) Company: Sacyr Construction USA LLC Signature:.. Enrique =lonso ZuNga. Aufhonzed Repreese�ntativ Construction Solicitation Doc rev 02-21-20 _. May 19, 2022 Date: FORM 6 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety I Inits of Unit Unit Extended Cost Measure MeasureQuantity) Cost (Description) Li F,SYI 1. Trench Box 2. I 4. 5. 100,802.00 LF S 1.50 S 151,203.00 TOTAL S 151,203.00 Failure to complete the above may result in the Bid being declared non responsive. Company: Sacyr Construction USA Signature EnriqueAlonsoZufta, tOf Ram v,tabaA Construction Solicitation Doc rev 02-21-20 Date: May 19, 2022 0 FORM 7 - BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Sacyr Construction USA LLC 3191 Cme. w,y. sub Fl,xa, swAx sw, rt„ms, FL 1)41k (herein after called the µPrincipal) and Berkshire Hathaway Specialty Insurance Cornt,any' (herein called the Surety), a corporation chartered an existing under the laws of the State of Nebraska with its principal offices in the city of O'net',_,. and authorized to do business in the State of Florida are held and firmly bound unto the Collier County, Board of County Commissioners (hereinafter called the Owner), in the full and just sum of <, ,;u r Bid good and lawful money o Five Percent of the ] otai Amount Bid dollars {$ . r,t T°} ._.__. ,_ _ m........ m. u _ the United StatesW of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. ' 1114 Douglas Street, Suite 1400, Omaha. NL 68102 Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 22-7976 Project No. 60168 — Construction Services for Vanderbilt Beach Road Extension. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of I000,o the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ },(gip t 4+ . 5 _ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 1'�th day of May , 20 22 Saevr Construction_tIS.� bksfr''�"' : _ Principal BY —?+41 "�4t1`�lo l*fttl ..-. (seal) Surety T, (Seal) Countersigned NrA Appointed Producing Agent for Berkshire Hathaway Specialty insurance Company `ACKNOWLEDGEMENT OF CONTRACTOR - IF A CORPORATION STATE OF+C.____ COUNTY OF fi i � _ A\O(W ' "on k --,k ON THE 19th DAY OF May, 2022 BEFORE ME PERSONALLY APPEARED ()k C¢k�" 4o BE KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE . OF SacXr Construction USA LLC THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRIT EN ABOVE. CLAUDIA GUD" cOMMISSI0t1 # HH EXPIRES: AprU 10. 2026 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 19th DAY OF May, 2022 BEFORE ME PERSONALLY APPEARED Krystai L. Stravato TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY -IN -FACT OF Berkshire Hathaway Specialty Insurance Com2any, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRITTEN ABOVE. Iiota4'Pubfic Ursula Jakublak A Notary Public of New Jersey My Commission Expires March 8.2028 kioBerkshire Hathaway Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under and by virtue of the laws blithe State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATft1NAi_IND9MNITY COh1f?ANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies'), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Krystal L Strayato Kavin T. mas, pSouthlefftts9nRatedateh t y #_t% r dty yu loaanv, ffaEa w erse their true and lawful attarney(s)•in-fact to make, execute, seat, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney -in -Fact shalt be limited to the execution of the attached band(s) or other such writings obligatory In the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of December 20, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, Including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By; David Fields, Executive Vice President .,VE0Arrr }' *pot" fie. SEAL �rerrisir ttS' *�a i x*tia NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By; David Fields, Vice President �jEM Ao t,ftRL INS � ;.,...., r0R G / x �r511,11l ° 3 is cSfkET1f n NOTARY State of Massachusetts, County of Suffolk, ss: On this 20th day of December, 2018, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. (Notary Seal) �..w.+•++�►I0 7C4mm. FFERY A. DELISIO A6— -Ia� Notary Public onwealth of Massechusatts Notary Public ikmy Expires November 29, 202� f, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Compan es this May 19, 2022. y Vttit r). DEMkiT y�, fiAt rNs aronirr'►r �� t t y rP00i4, - Qa; R,r P Q ;f SL'itr7Y �• z � .. at'1iL"fY� W SEAL o�� cEErL}, a t� SE•L� Officer K 1�&RAy�r 'Y.Tii • x�, L ,+ i��N • t•�' 26874 BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney -in -fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4.Officers, Agents, and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. G� BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS" 12131/2020 12/31/2019 12131/2018 Total invested assets $ 5,475,240,588 $ 5,172,183,338 $ 4,313,185,189 Premium & agent balances (n 603,615,506 368,086,012 301,849,144 All other assets 157,897,676 127,524,677 140,930,406 Admitted Assets $ 6,236,753,770 $ 5,667,794,027 $ 4,755,964,739 LIABILITIES & SURPLUS' 12/3112020 12/31 /2019 12/3112018 Loss & loss exp, unpaid $ 921.923,948 $ 634,745,558 $ 463,103,223 Unearned premiums 372,836,160 314,117,549 241,835,588 All other liabilities 1,054,922.210 744,738,458 570,628,148 Total Liabilities 2,349,682,318 1,693,601,565 1,275,566,959 Totat Policyholders' Surpuut 3,887,071,452 3,974,192,463 3,480,397,780 Total Liabilities & Surplus $ 6,236,753,770 $ 5,667,794,028 $ 4,755,964,739 Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIL and/or the laws of the company's domiciliary state. FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read.. For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. CoverageW shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverageUs purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageUs shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. c�° Collier County Florida Insurance and Bonding Requirements Insurance 1 Bond Type Required Limits 1. Z Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Fedcra'Y Governmct"i 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 Solc Proprictorships shall not be required to provide a proof of exemption An application for exemption can be obtained online at i;;yin +.frrsJ�i; 2. ® Employer's Liability S_1,000,000 single limit per occurrence 3. Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the S 100000 single limit per occurrence, $2,000,000 aggregate for Bodily current ISO form Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor'Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not lunited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorVendor or anyone employed or utilized by the Contractor, ''endor in the performance of this Agreement. 5. ® Automobile Liability S 10A00,000 Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned: Hired; Automobile Included 6. ® Other insurance as ❑ Watercraft S Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than S5,000,000 each occurrence if applicable to the completion of the Services under this Agreement, $ Per Occurrence Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability S .._._ — Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance S Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence GEC),, •� 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°o 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"'0 of the Contract award amount, the cost borne by the Proposer receiving an award The Perforrnancc 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 'W" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5°-o 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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10 ® Collier County must be named as "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 Vendor's policy shall be endorsed accordingly. I 1 ® 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. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. M Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain 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 Contractorshall not include Builders Risk premiums in its protect proposal or project billings. All questions regarding Builder's Risk insurance will be addressed by the Collier County Risk Management Division. (. 6 2 `21,22 Revised 4 13 22 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. 0 Co Cou�.ty Procurement Services Division FORM 9 - CONFLICT OF iNTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information , The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non, public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced projeet(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Sacyr Construction USA t_LC Company Name Signature Enrique Alonso ZuNga, Authorized Representative Print Name and Title State of County of .._%�1►"��"� The for oing instrument was acknowledged before me by means of l(physical )resence or © online notarization, this day of PA(month), 7072._(year), by .. of person acknowledging). ff �� (Sig otary ubli -State of Florida)... l�r' f {Print. Type, or Stamp ComPomp— o Personally Knowril OR Produced Identification , '""`"• :•. u+) W COMMISSION S NN 25E?tlr.Mt Apri Type of Identification Produced t'•• O(PtiiES:10'2t?26 00 Cv 7er CO-Unt y Procurement Services Division I-ORM l o - VEND(:)R DF.CI,ARA'rtON S7'ATE-,tEN'1' BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications"scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 19 day of May , 2022 in the County of Miami -Dade Florida in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Teicphone: Sacyr Construction USA LLC 3191 Coral Way - Suite 510 Miami, FL, 33145 M 15000004810. 61-1753336 7E9133 786 773 6847 Email: icaparros@sacyr.com Signature by: Enrique Alonso ZuAi a (Typed and written) Title: Authorized Representative Additional Contact Information CIO Send payments to: (required if different Company name used as payee from above) Contact name: Carlos Fernando Cristovao Ferreira Title: Chief Financial Officer Address 3191 Coral Way - Suite 510 City, State, ZIP Miami, FL, 33145 Telephone: 786 773 58471305 632 5106 Email: ccferreira@sacyr.com Office servicing Collier County to plaoe orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Emai 1: Secondary Contact for Jose Maria Caparros this Sol i ci tat ion: Email: jcaparros@sacyr.com Phone. 786 773 58471 786 615 8378 00P CACr 0014M ty Procurement Services Division FORM 11 - INEMIGRATtoN AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section } 324 a(e) Section 274A(c) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes k448,095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Sacyr Construction USA LLC Company Name Signature Enrique Alonso Zuriiga, Authorized Representative State of �jj Print Name and Title �'t`-"" _ County of e"Ov, , ' The foregoing instrument was acknowledged before me by means of V physical presence or 0 online notarization, this day of M .._. (month), j (year}, by, of person acknowledging), j1�t "i ' _ _ (name (Signatu0,;otary Pubt . State of Florida) (2"UA 60--y) (Print, Type, or Stamp Alftfln Personally Know OR Produced Identification .s ` "s� _� CUWCU10UNAN 4 * MY COMMSSION #{ HH 25ti994 EXPIRES:Aptll ltl, 2t}28 Type of identification Produced of 00P FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully, sign In the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed I The Bid has been signed. 2 The Bid prices offered have been reviewed. 3 The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5 Any required drawings, descriptive literature, etc.. have been included. 6 Any delivery information required is included. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. C'onstruction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 1 1) MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE I Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses valid and current (myfloridaticense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and'or required.) e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included, or you MAY be DEEMED NON -RESPONSIVE. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. O E-Verify- Nff Company ID Number: 1319559 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Sacyr Construction USA LLC (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). 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 DHS 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-Verify. 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. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 00P E-Verify off Company ID Number: 1319559 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. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. 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 I-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 B 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 responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274E 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 provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify ARO Company ID Number: 1319559 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 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 prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS 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 initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is riot 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 MOU for Employers I Revision Date 06/01/13 E-Vermifv- OW�IzIII Company ID Number: 1319559 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 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 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 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 immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(a)_dhs.gov. Please use "Privacy 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 DHS 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 06/01/13 Cpa: E-Vermlfv- Company ID Number: 1319559 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 E-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, USCIS 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 DHS/USCIS (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 Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through 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-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAL), i77 { E-Verifv,, 5� ✓� i�f11IMW Company ID Number: 1319559 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the 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: 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 iii. 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-Verify MOU for Employers I Revision Date 06/01 /13 COW EVeriFy_____,* it Company ID Number: 1319559 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 II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned 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 compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS 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 evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 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 nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the 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 DHS 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 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1319559 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 DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require 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 entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1319559 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. After a tentative nonconfirmation, the Employer will 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 E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight 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. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 OPIX� E-Ver1=Fy______,:.�v Company ID Number: 1319559 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 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. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV 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 providing 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 policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CrtiO Company ID Number: 1319559 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time 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 E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 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 cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The 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 DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the 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 limited 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 Date 06/01/13 E-Verify ICI►Ila or Company ID Number: 1319559 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS 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 termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS 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-Verify MOU for Employers I Revision Date 06/01 /13 E-Verify-- off Company ID Number: 1319559 Approved by: Employer Sacyr Construction USA LLC Name (Please Type or Print) Title Eduardo de Lara Garay Signature Date Electronically Signed 06/28/2018 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 06/28/2018 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ,`�, E-Verify-_.. �� � Idlillsoff Company ID Number: 1319559 Information Required for the E-Verify Program Information relating to your Company: Sacyr Construction USA LLC Company Name 5201 Blue Lagoon Drive 8th Floor Company Facility Address Miami, FL 33126 Company Alternate Address County or Parish MIAMI-DADE Employer Identification Number 611753336 North American Industry Classification Systems Code 237 Sacyr Construccion SA, Inc. Parent Company Number of Employees 10 to 19 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 x Company ID Number: 1319559 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01 /13 CCN6, E-Vermlfv. Company ID Number: 1319559 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Val Garcia Hermosilla Phone Number (305) 988 - 5956 Fax Number Email Address vgarciah@sacyr.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Gil, E-Vermify ------------------------ � Company ID Number: 1319559 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Sacyr's Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) State of Florida Department of State I certify from the records of this office that SACYR CONSTRUCTION USA LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on June 18, 2015. The document number of this limited liability company is M15000004810. I further certify that said limited liability company has paid all fees due this office through December 31, 2021, that its most recent annual report was filed on June 15, 2021, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of April, 2022 Secretary of'State Tracking Number: 6250379627CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sun biz.org/Filings/CertificateOfStatus/CertificateAuthentication ONQ 6/20/22, 12:13 PM Detail by Entity Name DIVISION OF CORPORATIONS ;.I ILA S'.... ..... ... _.." lepartment,_c�f_State / givjsion of Corporations /Search Records / Search_by Enf%ty_Name / Detail by Entity Name Foreign Limited Liability Company SACYR CONSTRUCTION USA LLC Filing Information Document Number M15000004810 FEI/EIN Number 61-1753336 Date Filed 06/18/2015 State DE Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 06/24/2020 Event Effective Date NONE Principal Address 3191 CORAL WAY Ste 510 MIAMI, FL 33145 Changed: 03/28/2021 Mailing Address 3191 CORAL WAY Ste 510 MIAMI, FL 33145 Changed: 03/28/2021 Registered Agent Name & Address NORTHWEST REGISTERED AGENT LLC 7901 4TH ST N #300 ST PETERSBURG, FL 33702 Name Changed: 06/24/2020 Address Changed: 06/24/2020 Authorized Persons) Detail Name & Address Title Authorized Representative https://search. sunbiz.org/Inquiry/CorporationSearch/Search ResultDetaiI?inquirytype=EntityName&directionType=Initial&search NameOrder=SACYRC... 1 /2 Detail by Entity Name daLana Garay, Eduardo Javier 3101CORAL WAY She51O [N|AK8|.FL33145 Title AUTHORIZED REPRESENTATIVE ZUN|GABNR|OUEALONSO 3191 CORAL WAY 8TE510 [N|A[N|.FL33145 Title Authorized Representative Ferreira, Carlos Chuhuvoo 3191 CORAL WAY Ste510 N1|A[N|.FL33145 AnnualRepqrLs Report Year Filed Date 2021 03/28/2021 2021 05/11/2021 2022 05/01C2022 Document Images 05/01/2022 ANNUAL REPORT 06/1512021 AMENDED ANNUAL REPORT View imuoompormnna View image mpoFformat 05/1112021 AMENDED ANNUAL REPORT View image mpopformat 03/2.a/'2021 ANNUAL REPORT View image mporformat 06/30/2020 ANNUAL REPORT ----------- wowimunpmpormnn� ...................................... - View image mpoFformat View image mpopformat 0412412019 ANNUAL REPORT View image mpopformat 110/03./2018 AMENDED ANNUAL REPO View image mporformat 04/30/2018 ANNUAL REPORT _ View /man°mpormnn� _________________............. __ 05/06W17 ANNUAL REPORT View image mPDF format 04/2912Q15 ANNUAL REPORT View image mpoFformat oLimited View image mpoFformat 0 | zo i t.l 3 34✓ z O J Q W -a :E of 0i LLI Q Q� Lo w w V) v J O r) m Q Co Z o m Z� �F� ZW LO U w,,, v- 0 V� Q � `-' o Q LLI LLI w� - N M- a c � � � M � ' c~n � .� Z Q c� V o +, J V v W s 0 � W LU ca LL Z Vi = I \.. � 0 00 H � OU W Q ~ 6� / � O z 0 0 c to a. F— cn Z Q; O z z Ln L HZ Z a=' QUM a �o� o ce U } Z H u 4° O ZLOL=t' «i�"�fg�t�' U U c D COF— OU N � a > c LL W LA LA O a ck� L'o F— Lu F Q Q) Z Z w H. LLI U u o O w F— V o v Q o a 0 W 0 0a ww, ram( (0 �.a �W. Z w O f- c LU u r Q Z 0 v D 0 Z U W w � Ul)Q �- w a� J cu Q m w Z t7 U Q N = Z cn F— O N o c Ln 0 aj N 7n Vn Q O Ln u (A Z w 0 _1 ri u 4 � LL LLI W W � � � N ' FM- O J Q Z Q J U u. c O v "_ Quo a H J u. ZJ E LL 00 U Q `n Q dWQ 0 W M LL Z H Qm o a: _0 W Q a Z D 0 0 c U Q Q O Z Ln Q W Z w= V., U c� Q p c ±' 0 H Z ` Z (z tA v9 Lu O O Q - U ga 0 3 mV � z Q �' � a °' ® c I- J w V) O Q 3 N O Z Z o � ``' O c a L V o w > ' Q Z v o a D LE c LJJ w ~ 1 Sacyr's W-9 Form ®9 Request for Taxpayer Give Form to the o� Identification Number and Certification requester. Do not Rev October2018: send to the IRS. )apartment of the Treasury ntemai Revenue Service 1 Go to www.irs.gov/ForrnW9 for instructions and the latest information. 1 Name (as shown on your income tax return' Name is required on this line: do not leave this line blank. SACYR CONSTRUCTION USA LLC 2 Busine&i name/disregarded entity name, f different from above M 3 Check appropriate box frr,r federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to co a following seven boxes. certain entities, not individuals; see instructions on page 3): ✓❑ Partnership.. Trust/estate ❑ Individuaysote proprietor or C Corporation ❑ S Corporation o to sing e-member LLC Exempt payee code (it any) d o ❑ Limited liab'lity company. Enter the tax classification (C=C corporal on, S=S corporation P=Partnership) ► C 2 Note, Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting 7) LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) .r c another t,LC that is not disregarded from the owner for U.S- federal tax purposes. Otherwise, a single member LLC that iJ c; is disregarded from the owner should check the appropriate box for the tax classification of its owner. m ❑ Other (see instructions) ► Mohair toacres nu na nrav ry wrszra me u5.a o" tri 5 Address ;number, street. and apt. or suite no.) See instructions. Requester's name and address (optional) i 3191 CORAL WAY SUITE 51t1 n 6 City, state, and Z P code MIAMI, FL 33145 7 List account number(s; here (optional) • . Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box: The TIN provided must match the name given on line 1 to avoid Social security number ~ M backup withholding. For individuals, this is generally your social security number (SSNr However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other :� :a .. ... , , ,i...ar 7r1 ant f�n�tinn n„mhar 1� W1 if vnr, ein not have a number. see liow to oet e ,-- TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. _ 6 1 1 1 7 5 1 3 1 3 1 3 6 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later, Sign Signature of Here U.S. person► General Instru Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► a 7 112 1 2 o • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. Ifyou do not return Form W-9 to the requester with a TIN, you might ll be subject to backup withholding. See What is backup withholding, (-� later. ':-t� Cat. No. 10231 X Form W-9 (Rev. 10.2018) EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Joe Cothran Personnel Category Construction Superintendent Faraz Alavi Project Manager 10 Construction Services Agreement: [2022_ver.3] �— now— Imp— American Global June 28, 2022 The Board of County Commissioners of Collier County, FL 2885 Horseshoe Drive S Naples, FL 34104 RE: Sacyr Construction USA LLC Authorization to date bond # 47-SUR-300162-01-0011/015212869/K41583587/6131035665 To Whom It May Concern: This letter is written to confirm that Berkshire Hathaway Specialty Insurance Company, Liberty Mutual Insurance Company, Federal Insurance Company and United States Fire Insurance Company, as Sureties, hereby authorize The Board of County Commissioners of Collier County, FL as Obligee, to date bond #s 47-SUR-300162-01-0011/015212869/K41583587/6131035665 upon execution of the contract with Sacyr Construction USA LLC ("Principal") for Protect # 60168-Construction Services for Vanderbilt Beach Road Extension Solicitation # 22-7976 ("project name") Kindly furnish a copy of the fully executed bond. If you have any questions, please feel free to contact me. AMERICAN GLOBAL LLC 100 SOUTH JEFFERSON ROAD, SUITE 101, WHIPPANY, NJ 07981 +1.862.777.8190 WWW.AMERICANGLOBAL.COM EXHIBIT B-1: PUBLIC PAYMENT BOND ITB# 22-7976 I— No. 47-SUR-000162 111 Berkshire Hathaway Specialty Insurance Company B-n, Na 015212669 Liberty Mutual Insurance Company Bond No. Bantl Na 6131005B65FUnhed States R. nauPannytt Company Contract No. 22-7976 KNOW ALL MEN BY THESE PRESENTS: That Sacyr Construction USA LLC 3191 Coral Way, Suite 510, Miami, FL 33145 , as Principal, and Berkshire Hathaway Speciahy Insurance Company; Lib My Mutual Insurance Company', Federal Insurance Company and United States Fire Insurance Can,— , as Surety, located at 1614 Douglas Street, Suite — Omaha, NE 68102 -1944 175I)ark-ley Street. Boston, MA 02116; 202E Hall', Mill Raad Who-twuaa Station, NJ 06669; 305 Mad —Avenue Moni--. NJ 07960 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Florida as Obligee in the SUM Of one Hundred Fifty Two Million Nine Hundred Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and 91/100 ($ 152,999,999.91 ) 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 la day of TV b 20 , with Obligee for Project No. 60168-Construction Services for Vanderbilt Beach Road Extension In Invitation to Bid No.22-7976 accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or Lander 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 28th day of June 2022 , 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: [2022_ver.3] Signed, sealed and delivered in the pres � r C1( Witnesse to Principal PRINCIPAL Sacyr Construction USA LLC B NAME: Rr��A 'e►R( duo �s�ovAo+ttcA ITS: AtrAtioot--it-D RE—? r MLSS STATE OF i L'o)4DP, COUNTY OF M'%Af,6 - 1>10tDt The foregoing instrument was ackn ledged before m by means of (/physical preserve ° ❑ onli a notarization, thi � day o flcUx> — b . -� z�' we . of a- corporation, on behalf df the corporation. a he is( personally known to me /OR has produced as jd7tification and did (did not) take an oath. / My Commission Expires: Vmy 'V1'p(,�' :C SCq�20?s (AFFIX OFFICIAL ATTEST: Witnesses to Surety NAME: of Notary Public) (Legibly Printed) Notary Public, State of gi& Commission No.: SURETY: Berkshire Hathaway Specialty Insurance Company Liberty Mutual Insurance Company Federal Insurance Company United States Fire Insurance Company (Printed Name) 1314 Douglas Street, Suite 1400, 68102 - 1944 175 Berkeley Street, Boston, MA 02116 202B Hall's Mill Road, Whitehouse Station, NJ 08889 305 Madison Avenue, Morristown, NJ 07960 (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: (2022_ver.3) s -J OR William A Drayton Jr., witness as to S rety Witnesses Marisol Mojica, witness as to Surety STATE OF NEW JERSEY COUNTY OF MORRIS f� F'Vila1►� 1 i. %Psgrney in Fact Power of ' • Krystal L. Stravato, Attorney -In -Fact (Printed Name) 900 S Pine Island Road, Suite 210 Plantation, FL 33324 (Business Address) (305) 351-9150 (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 28th day of June 1 2022 by Krystal L. Stravato , as Attorney -In -Fact of 8.ZiraM.--,SP-1ln.—.n.c.mwny:LibenMNuallmuYrceComPanY a corporation, On F.d.,.n..�a...c.m,.ny.mwads.a..Fi,.ln c.0.mp.n Nebraska; Massachusetts; Indiana and Delaware behalf of the corporation. He/she is personally known to me OR has produced Personally Known as i ntification and did (did not) take an oath. My Commission Expires: sw*8..tNrm4row" (!E�Ignat6rekf Notary Public) Notary Public State of New Jersey My OOfrIR Wslonog&nS"ilmbsr 19.201s Name; Sandy S. James -Browne, Notary Public (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: New Jersey Commission No.: 2349824 13 Construction Services Agreement: (2022_ver.3) Berkshire Hathaway Specialty Insurance Power Of Attornev BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY 47-S U R-300162-01-0011 Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Marisol Moiica, Kevin T. Walsh, Jr. Thomas MacDonald Krvstal L. Stravato Jaclyn Thomas 100 South Jefferson Road, Suite 101, of the citv of Whippany, State of New Jersey, their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney -in -Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of December 20, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President p3P'S 0f, 4m i .�rf, �A < SURETY i s SEAL 1R °i,NFBRIS:Rsy�� NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President Z" 1L�RETY'i; s; SURETYc+ 511L a' `� �``tc� SEAL J? 1'p�.hNECt�r • 1�N * NOTARY State of Massachusetts, County of Suffolk, ss: On this 20th day of December, 2018, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] GEOFFERY A. DEUSIO Notary Public Commonwealth of Massachusetts My Comm. Expires November 29, 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct cupy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this June 28, 2022. ',g4EClq(Ty 0EMANrp, hFIRE /,yS Z c.�.�ri^ Q; Y`����;R� CO e�,cOPPOR,�,ft`.�2 SURETY z zi=S(!RETY�i� <r SURETY o SEAL m o' SE%L pia �'•. SE;�� Officer BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney -in -fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers, Agents, and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. BHSIC, NICO & NLF POA (2018) This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8207604-985316 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Edward Reilly, Jaclyn Thomas; Kevin T. Walsh, Jr.; Krystal L. Stravato; Marisol Mojica; Michael Marino; Thomas MacDonald all of the city of Whippany state of NJ each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of April , 2022 . Ip lU N if (0 State of PENNSYLVANIA 1 rn County of MONTGOMERY Liberty Mutual Insurance Company P� 1NSU� P01 INS& a 1NSUR9 The Ohio Casualty Insurance Company jPORgrQy� Q 2c°aPo�TF�yc+ �P2oaP°+4joy� West American Insurance Company 1912 0 0 1919 1991 r+ q3 iZ r"O t ° l dJ1 4 CHU`'�dL O NAMP`�a aL3 �s rNDIANP' By: rlaviH AA r Cerref— On this 6th day of April 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 a`) �o Company, -The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes E therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ¢O a0 O� N 5p M = Q� °W� F� Commonwealth of Pennsylvania - Notary Seal >,_ O ° ��, `! Teresa Paslella, Notary Public N'lp tU F• ° z % Montgomery County �P My commission expires March 28, 2025 By • O N Commission number 1126044 L vpTeresa Pastella, Notary Public Q o � � Member, Pennsylvania Association of Notaries ,� C:) C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3: °No 0 •S- Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a 00 ARTICLE IV —OFFICERS: Section 12. Power of Attorney. `o 6 @ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a m c President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall c 8 o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such �o N Z instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the - m provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ILL Q ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28th day of June 2022 P� 1NSU� P�A1 INS& " 1NSURq AJ c°aP°R°r LC+ �J c°RPDR,yr- \VPc°aP°R9l Zn 11 Z 3 bF Qr Foo �3 Foci 1912 o ( 1919 1991 C., " 5;?�CA� O B• d� ss4 CHU5� .aa NAMPS? a3 '( �NDIANf' a y• *�d s�M * a Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Cc 02/21 CHUBFEB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Thomas MacDonald, Marisol Mojica, Edward Reilly, Krystal L. Stravato, Jaclyn Thomas and Kevin T. Walsh Jr. of Whippany, New Jersey; Andrea E. Gorbert of Jericho, New York; Neil C. Donovan, and Gerard Leib of Berwyn, Pennsylvania ----------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 6th day of April, 2022. Dawn M. ChloroS, AaSistant SeLTetary STATE OF NEW JERSEY County of Hunterdon Stephen NJ. Haney. Vice President On this 6w day of April, 2022 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. qOe� Notarial Seal NOTARY r KATHERINE J. ADELAAR � NOTARY PUBLIC OF NEW JERSEY pLBLIC No. 2316685 Commission Expires Juty 16, 2024 Notary Puhl3c CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertaldngs, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this June 28, 2022 Dawn til. Chl(xos. Azsistant Secretary? -- IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 06446 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Krystal L. Stravato, Kevin T. Walsh, Jr., Thomas MacDonald, Edward Reilly, Marisol Mojica, Jaclyn Thomas each, its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021. UNITED STATES FIRE INSURANCE COMPANY K] Matthew E. Lubin, President State of New Jersey} County of Morris } On this 28th day of September, 2021, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MELMA K VALESM NOTARY PUSUC OF NEW JERSEY C=Aftdon 0 M2151W My CmwMw Expkw Melissa H. D'Alessio (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS ixiWREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the28th day Cf June 20 22 UNITED STATES FIRE INSURANNCE COMPANY Michael C. Fay, Senior Vice President BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS" 12/31 /2021 12/31 /2020 Total invested assets $ 6,504,184,299 $ 5,475,240,588 Premium & agent balances (n 552,510,359 603,615,506 All other assets 142,765,038 157,897,676 Admitted Assets $ 7,199,459,696 $ 6,236,753,770 LIABILITIES & SURPLUS' 12/31 /2021 12/31/2020 Loss & loss exp. unpaid $ 1,142,116,028 $ 921,923,948 Unearned premiums 484,660,143 372,836,160 All other liabilities 1,163,007,684 1,054,922,210 Total Liabilities 2,789,783,855 2,349,682,318 Total Policyholders' Surplus 4,409,675,842 3,887,071,452 Total Liabilities & Surplus $ 7,199,459,697 $ 6,236,753,770 12/3112019 $ 5,172,183,338 368,086,012 127,524,677 $ 5,667,794,027 12/31/2019 $ 634,745,558 314,117,549 744,738,458 1,693,601,565 3,974,192,463 $ 5,667,794,028 Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. Liberty Mutual SURETY Assets LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT — DECEMBER 31, 2021 Liabilities Cash and Bank Deposits ......................................... $2,234,770,744 Unearned Premiums................................................ $9,106,965,847 *Bonds — U.S Government ..................................... 4,250,615,811 Reserve for Claims and Claims Expense................. 25,279,158,493 *Other Bonds............................................................ 16,983,165,862 Funds Held Under Reinsurance Treaties ................. 315,537,902 Reserve for Dividends to Policyholders .................. 1,726,291 *Stocks..................................................................... 20,075,458,019 Additional Statutory Reserve .................................. 139,634,000 Real Estate.............................................................. 182,250,567 Reserve for Commissions, Taxes and Agents' Balances or Uncollected Premiums........... 7,607,687,836 Other Liabilities ................................................ 8,638,106,801 Accrued Interest and Rents ..................................... 120,173,987 Total................................................................. $43,481,129,334 Other Admitted Assets ............................................ 14,076,622,575 Special Surplus Funds ................. $178,192,363 Capital Stock ............................... 10,000,075 Paid in Surplus ............................ 11,804,736,755 Unassigned Surplus ..................... 10,056,686,874 Total Admitted Assets ..................................... 65.53 Surplus to Policyholders ................................. 22,049,616,067 Total Liabilities and Surplus................................�65,530,745,401 JPI, INSt/Rq 1 ORP0i�'1'�. f * Bonds are stated at amortized or investment value; Stocks at Association Market Values. t912 ( $ The foregoing financial information is taken from Liberty Mutual Insurance Company's financial q��r,�c` r2 - statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2021, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 8t' day of March, 2022. Assistant Secretary S-1262LMIC/a 3/22 FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31, 2021 (in thousands) LIABILITIES AND ASSETS SURPLUS TO POUCYHOLDERS Cash and Short Tenn Investments S (587,306) Outstanding Losses and Loss Expenses $ 8,701,383 United States Government, State Reinsurance Payable on Losses and Expenses 1,484,196 and Municipal Bonds 4,271,534 Unearned Premiums 2,400,711 Other Bonds 5,994,673 Ceded Reinsurance Premiums Payable 366,332 Stocks 675.588 Other Liabilities 498,472 Otherinvested Assets 1,647,712 TOTAL INVESTMENTS 12,022,201 TOTAL LIABILITIES 13.451,094 Investments in Affiliates: Capital Stock 20.980 Great Northam ins. Co. 414,638 Paid -In Surplus 2,711,474 Vigilant Ins. Co. 354,696 Unassigned Funds 1,903,522 Chubb Indemnity Ins. Co. 1 B3,242 Chubb National Ins. Co, 190,801 SURPLUS TO POLICYHOLDERS 4,835,976 OtherAffiliates 116,373 Premiums Receivable 1,726.853 Other Assets 3,078,466 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $I8.087,070 SURPLUS S18,087,070 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2021, investments with a carrying value of $509,085,162 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duty swam, says that he is Senior slice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is a true and coned statement of the said Company's financial condition as of the 31 st day of December, 2021 Swom before KV commission e p re"s Commonwealth of Pennsyhwnia - Notary Seal Jaime L. Yates, Notary Public Philadelphia County My commission expires Segtsmber 19, 2023 Commission number 1357070 Member, Pennsylvania Association of Notaries UNITED STATES FIRE INSURANCE COMPANY 1209 ORANGE STREET, WILMINGTON, DELAWARE 19801 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2021 ASSETS Bonds(Amortized Value)................................................................................................... 903,307,173 Preferred Stocks (Market Value)........................................................................................... 105,571,429 Common Stocks (Market Value) ........................................ 1,504,759,231 MortgageLoans (Market Value)........................................................................................... 446,047,113 Cash, Cash Equivalents, and Short Term Investments............................................................1..... 1,184,428,501 Derivatives..................................................................................... ................................ 8,536.548 OtherInvested Assets........................................................................................................ 336,487,236 Investment Income Due and Accrued....................................................................................... 10,016,168 Premiums and Considerations.............................................................................................. 431,207,743 Amounts Recoverable from Reinsurers .................................................................................... 68,151,803 Funds Held by or Deposited with Reinsured Companies............................................................... 29,595,868 NetDeferred Tax Asset...................................................................................................... 160,701,318 Electronic Data Processing Equipment..................................................................................... 2,011,585 Receivables from Parent, Subsidiaries and Affiliates................................................................... 114,953,836 OtherAssets................................................................................................................... 97,519,676 TOTAL ASSETS..................................................................................... $ 5,403,295,229 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported Losses Net of Reinsurance Ceded and Incurred But Not Reported Losses)................................................................................................... 1,866,433,397 Reinsurance Payable on Paid Losses and Loss Adjustment Expenses ................................................ 88,108,310 Loss Adjustment Expenses.................................................................................................. 322,459,750 Commissions Payable, Contingent Commissions and Other Similar Charges ....................................... 8,674,938 Other Expenses (Excluding Taxes, Licenses and Fees)................................................................. 75,718,281 Taxes, Licenses and Fees (Excluding Federal Income Taxes)......................................................... 32,725,021 Current Federal and Foreign Income Taxes............................................................................... 62,383 UnearnedPremiums.. . ....................................................................................................... 845,288,567 AdvancePremium............................................................................................................ 7,921,829 Ceded Reinsurance Premiums Payable.................................................................................... 72,110,703 Funds Held by Company under Reinsurance Treaties.................................................................. 24,081,128 Amounts Withheld by Company for Account of Others ................................................................ 147,974,892 Provision for Reinsurance... ................................................................................................ 3,350,178 Payable to Parent, Subsidiaries and Affiliates............................................................................ 13,084,638 OtherLiabilities............................................................................................................... 41,952,278 TOTAL LIABILITIES................................................................................. $ 3,549,946,293 CommonCapital Stock...................................................................................................... 18,780,000 Gross Paid In and Contributed Surplus.................................................................................... 1,577,074,940 Unassigned Funds (Surplus)................................................................................................ 257,493,995 Surplus as Regards Policyholders.................................................................... 1,853,348,935 TOTAL LIABILTTES, SURPLUS & OTHER FUNDS ......................................... $ 5,403,295,228 I, Carmine Scaglione, Senior Vice President and Controller of UNITED STATES FIRE INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, December 31, 2021. as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of Delaware. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company, this 1st day of March, 2021, UNITED STATES FIRE INSURANCE COMPANY EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB# 22-7976 Bond N. 47-SIJR-30016M1-0 11 Berkshire Hathaway Specialty Insurance Company Bond Na. 015212869 Lberty Mutual Insurance Company Bond No. Band No. 61131M566511nited States Fill I's Ponce Company Contract No. 22-7976 KNOW ALL MEN BY THESE PRESENTS: That Sacyr Construction USA LLC 3191 Coral Way, Suite 510, Miami, FL 33145 as Principal, and Bcrkamre Hahaway Spey I--, Company: —rly M.-i lnso— Company: Federal Insurance Company and Omted St—. Fire l—mote Company t as Surety, located at 1314 Douglas Street, Suite 1400, Onuha, NE W102 -1944, 171 Berkeley Street. Boston. MA 02116, 202B Hall's Mill Road. V itehause Stall— NJ 08889', 305 Madison Avenu,. Mprnstown. NJ —60 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Florida as Obligee to the sum of One Hundred Fifty Two Million Nine Hundred Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and 91/100 ($ 152,999,999.91 ) 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 I2)+� day of `i , 20 a'�- , with Obligee for Project No. 60168-Construction Services for Vanderbilt Beach Road Extension, Invitation to Bid No. 22-7976 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 28th day of June , 2022 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement: [2022_ver.3] tr- Signed, se-alled and delivered in the pm of: to Principal STATE OF-F1..%0-►—OA COUNTY OF �,ji'jNmi - 1.,AbG The foregoing instrument was ac np online nc�t�r 0tio�this �' / ffNN CA of r behalf of the corporation. Heh take an oath. My Commission E SION EXPOS 3.2o.2026 (AFFIX OFFI ) d4..0 F V ; Ae '•• _.a PRINCIPAL Sacyr Construction USA LLC Ur�� NAM E: � 040 A1.1MO 16ri.► GA I Cf1gL%S 46TOVA% 1EP1Vi1901 ITS: ^f,'►yES dged before m by means of © physical presenq eor ❑ ay of2, y a corporation, on is personally known to me OR has produced as id tifica ion and did (did not) (Signalf Notary/Public)/ Y 1, Name: (Legibly tinted) Notary Public, Sta Commission No.: 15 Construction Services Agreement: 12022_ver.3] ccplkl-i ATTEST: SURETY: Berkshire Hathaway Specialty Insurance Company Liberty Mutual Insurance Company Federal Insurance Company United States Fire Insurance Company (Printed Name) 1314 Douglas Street, Suite 1400, Omaha, NE 68102 - 1944 175 Berkeley Street, Boston, MA 02116 202B Hall's Mill Road, Whitehouse Station, NJ 08889 305 Madison Avenue, Morristown, NJ 07960 (Business Address) (Authorized Signature) Witnesses as to Surety William A Drayton Jr., witness as to Surety Witnesses Marisol Mojica, witness as to Surety STATE OF NEW JERSEY COUNTY OF MORRIS (Printed Name) O!®rneOyin f Fact (Attach Power of Attorney) Krystal L. Stravato Attorney -In -Fact (Printed Name) 900 S Pine Island Road, Suite 210 Plantation, FL 33324 (Business Address) (305) 351-9150 (Telephone Number) The foregoing instrument was acknowledged before me by means of 7 physical presence or O online notarization, this 28th day of June 20 22 by Krvstal L. Stravato , as Attorney -In -Fact of ea,x:a� ,,ono yompny, n, Company; Libo yMUNall,wnnceComO+lY a Nebraska; Massachusetts, Indiana and Delaware corporation on teas m �'c vary a umm s.mP care m.a„oo comwny , , behalf of the corporation. He/she is personally known to me OR has produced Personally Known as identification and did (did not) take an oath. My Commission Expires: (Signatu of Notary Public) *a* S James -Browne Notary Public State of New Jersey Wommlissim expires September 19, 2028 (AFFIX OFFICIAL SEAL) Sandy S. James -Browne, Notary Public (Legibly Printed) Notary Public, State of: New Jersey Commission No.: 2349824 16 Construction Services Agreement: (2022_ver.31 C;Ai;� 47-S U R-300162-01-0011 Berkshire Hathaway Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Marisol Moiica, Kevin T. Walsh, Jr., Thomas MacDonald, Krvstal L. Stravato, Jaclyn Thomas, 100 South Jefferson Road, Suite 101, of the city of Whippany, State of New Jersey, their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney -in -Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of December 20, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President E',,g4EGA4ry Q3pgPOq�f i'IJ, < 5L'RETY z y SEAL � 'Jk.1•FBRAgy'' y�� NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President bjlftri aoOR S4, Qi 2, c �•� f ! 2i^SURETY ! ��� SURETY m of SEAL Ja �i� SEAL 0 0. i;;N ;'' NOTARY State of Massachusetts, County of Suffolk, ss: On this 20th day of December, 2018, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] GEOFFERY A. DELISIO Notary Public Commonwealth of Massachusetts My Comm. Expires November 29, 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this June 28, 2022. SPECU/.>� CEMN/ bE1RE by Oatr �'t' \�'p P4R4 \� : fpPppR� SL? _ ,— 30.P— fr KRETY z z,^SL�R£TY es c; 5L'RETY km bEAL o, SF.%L 2 SE.�L Officer n ".~F2Rf5�'� �� ~6,yk�Mp NE�✓rr EC�`�•'`a3� BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney -in -fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4.Officers, Agents, and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. BHSIC, NICO & NLF POA (2018) This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual® SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8207604-985316 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Edward Reilly; Jaclyn Thomas; Kevin T. Walsh, Jr.; Krystal L. Stravato; Marisol Mojica; Michael Marino; Thomas MacDonald all of the city of Whippany state of NJ each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of April , 2022 . rn N c tm `N State of PENNSYLVANIA rn County of MONTGOMERY ss Liberty Mutual Insurance Company P� \Nsu PSI,( INS&q� a \NSU.6 The Ohio Casualty Insurance Company q,J �0 Pogt> % yJ �oaPor+gT `9y `�P SOIL 0 r + West American Insurance Company Z, 3 Fo F R 3 ``o 0 3 Fo On W to 1912g0 0 1919 1991 0 : 41 o a / l rd�s'�sgcHuS�dL so hgMPsa day �s NDIANI da3 By: David M. Carev, Assistant Secretary On this 6th day of April 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance FU Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a) a> Ca IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c.2 co cn Fiy pN W S p�C Commonwealth of Pennsylvania - Notary Seal �tp `p�' = p Teresa Pastella, Notary Public Montgomery County O OF My commission expires March 28, 2025 B Commission number 1126044 y N ?s l-4 Member, Pennsylvania Association of Notanes Teresa Pastella, Notary Public N �7 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 0 .S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a3 ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23th day of June , 2022 . P� \NSUp_ P111 INS&.p a \NSUR A cORPOg4r�%fn QJ 4D{tPOq,9r 'yy� VQ' ooaP0 q.9lq'6C+ �' ? - F 1912� 0 =1919� o Q 1991 0 By djl9ssACHUS�.pa� �� hgMF da p DIANP as Renee C. Llewellyn, Assistant Y Secretary O O C7 L O CV O CV 3- Cl) - 00 00 to c m= a� c om nCU `o2 LMS-12873 LMIC OCIC WAIC Multi Cc 02121 CHUBB, Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Thomas MacDonald, Marisol Mojica, Edward Reilly, Krystal L. Stravato, Jaclyn Thomas and Kevin T. Walsh Jr. of Whippany, New Jersey; Andrea E. Gorbert of Jericho, New York; Neil C. Donovan, and Gerard Leib of Berwyn, Pennsylvania ----------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 6w day of April, 2022. Lkivin M. Chk)ros, A&Astin t Secretary 0(0 a � 04- !) STATE OF NEW JERSEY County of Hunterdon S5. Stephen %I. Haney, Vice President (9! k�� �gfSL On this 6w day of April, 2022 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal K HERINEPUBLIC Y O NELAAR NOTARY PUBLIC OF NEW JERSEY WJE s' PUBLIC y `�l%'.iERgO No. 2316685 Commission Expires Juy 16, 2024 �� Noiary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertaldngs, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a'Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station, NJ, this June 28, 2022 ow - Dawn Nl. Chloros. Assisi=L Secretor? FIN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 06446 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Krystal L. Stravato, Kevin T. Walsh, Jr., Thomas MacDonald, Edward Reilly, Marisol Mojica, Jaclyn Thomas each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021. UNITED STATES FIRE INSURANCE COMPANY Matthew E. Lubin, President State of New Jersey} County of Morris } On this 28th day of September, 2021, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MELISSA H. UALESSIO NOTARY PUSUO OF NEW JERSEY ComAiasiong My Cmiftw � t Melissa H. D'Alessio (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS'WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the28th day of June 41) 22. UNITED STATES FIRE INSURANNCE COMPANY Michael C. Fay, Senior Vice President BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS* 12/31 /2021 12/31 /2020 12/31/2019 Total invested assets $ 6,504,184,299 $ 5,475,240,588 $ 5,172,183,338 Premium & agent balances (n 552,510,359 603,615,506 368,086,012 All other assets 142,765,038 157,897,676 127,524,677 Admitted Assets $ 7,199,459,696 $ 6,236,753,770 $ 5,667,794,027 LIABILITIES & SURPLUS* 12/31/2021 12/31/2020 12/31 /2019 Loss & loss exp. unpaid $ 1,142,116,028 $ 921,923,948 $ 634,745,558 Unearned premiums 484,660,143 372,836,160 314,117,549 All other liabilities 1,163,007,684 1,054,922,210 744,738,458 Total Liabilities 2,789.783,855 2,349,682,318 1,693,601,565 Total Policyholders' Surplus 4,409,675,842 3,887,071,452 3,974,192,463 Total Liabilities & Surplus $ 7,199,459,697 $ 6,236,753,770 $ 5,667,794,028 Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. Liberty Mutual. SURETY Assets LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT — DECEMBER 31, 2021 Cash and Bank Deposits ......................................... $2,234,770,744 *Bonds — U.S Government ..................................... 4,250,615,811 *Other Bonds............................................................ 16,983,165,862 *Stocks ..................................................................... 20,075,458,019 Real Estate.............................................................. 182,250,567 Agents' Balances or Uncollected Premiums........... 7,607,687,836 Accrued Interest and Rents ..................................... 120,173,987 Other Admitted Assets ............................................ 14,076,622,575 Tutai Admitted Assets.....................................S65.530.745 401 P�,N5 UqH _ F~ �oaroggrti�n 1912 ; Liabilities Unearned Premiums ................................................ $9,106,965,847 Reserve for Claims and Claims Expense ................. 25,279,158,493 Funds Held Under Reinsurance Treaties ................. 315,537,902 Reserve for Dividends to Policyholders .................. 1,726,291 Additional Statutory Reserve .................................. 139,634,000 Reserve for Commissions, Taxes and Other Liabilities ................................................ 8,638,106,801 Total................................................................. $43,481,129,334 Special Surplus Funds ................. $178,192,363 Capital Stock ............................... 10,000,075 Paid in Surplus ............................ 11,804,736,755 Unassigned Surplus ..................... 10,056,686,874 Surplus to Policyholders.................................22,049,616,067 Total Liabilities and Surplus................................M4,5-,745.401 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department of Insurance. 1, TIM MIKOLATEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2021, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 81' day of March, 2022. Assistant Secretary S-1262LMIC/a 3/22 FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31, 2021 (in thousands) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments S (567.306) Outstanding Losses and Loss Expenses $ 8,701,383 United States Government, State Reinsurance Payable on Losses and Expenses 1,484,196 and Municipal Bonds 4,271,534 5,994,673 Unearned Premiums Ceded Reinsurance Premiums Payable 2,400,711 368,332 Other Bonds Stocks 675.588 Other Liabilities 498,472 Other Invested Assets 1 647,712 TOTAL INVESTMENTS 12.022 201 TOTAL LIABILITIES 13,461,094 Investments In Affiliates: 414,638 Capital Stock Paid -In Surplus 20,980 2,711,474 Great Northern ins. Co. Vigilant Ins. Co. 354,696 Unassigned Funds 1,903,522 Chubb Indemnity Ins. Co. Chubb National Ins. Co. 183,242 190,801 SURPLUS TO POLICYHOLDERS 4,635,978 Other Affiliates 116,373 Premiums Receivable 1,726.653 Other Assets 3,078,486 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS .�S 18.087,070 SURPLUS S18,o87,070 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2021, investments with a carrying value of $509,085,162 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duty swom, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing iis�a true and coned statement of the said Company's financial condition as of the 31 at day of December, 2021 0 1 C. Sworn before rDO—A LlAO r 22 kV commission expires =commonwealthnngyltronia -Notary Seal es, NotaryPublic 1phia County ires September 19,2023 number 135707D Member, Pennsylvania Association of Notaries UNITED STATES FIRE INSURANCE COMPANY 1209 ORANGE STREET, WII IYUNGTON, DELAWARE 19801 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2021 ASSETS Bonds (Amortized Value) ..................................................................... ................ 903,307,173 105,571,429 Preferred Stocks(Market Value 1,504,759,231 Common Stocks (Market Value)........................................................................................... 446,047,113 Mortgage Loans (Market Value)........................................................................................... 1,184,429,501 Cash, Cash Equivalents, and Short Term Investments .......... ........ ................................. ............... 8,536,548 Derivatives..................................................................................................................,. 336,487,236 OtherInvested Assets........................................................................................................ ................ ,............... I0,0I6,168 Investment Income Due and Accrued ...................................................... 431,207,743 Premiums and Considerations ............... .............................. ...................................... ........... 68,151,303 Amounts Recoverable from Reinsurers .................................................................................... 29,595,869 Funds Held by or Deposited with Reinsured Companies............................................................... NetDeferred Tax Asset................................................................................................... 160,701,318 Electronic Data Processing Equipment...................................................................„............... 2,011,585 114,953,836 Receivables from Parent, Subsidiaries and Affiliates................................................................... OtherAssets................................................................................................................... 97,519,676 TOTALASSETS..................................................................................... 1. $ 5,403,295,228 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported Losses Net of Reinsurance Ceded and Incurred ButNot Reported Losses)...........................................................................................,....... 1,866,433 397 Reinsurance Payable on Paid Losses and Loss Adjustment Expenses ................................................ 88,108,310 LossAdjustment Expenses.................................................................................................. 322,459,750 Commissions Payable, Contingent Commissions and Other Similar Charges ....................................... 8,674,938 Other Expenses (Excluding Taxes, Licenses and Fees)................................................................. 75,718,281 Taxes, Licenses and Fees (Excluding Federal Income Taxes)......................................................... 32,725,021 Current Federal and Foreign Income Taxes............................................................................... 62,383 UnearnedPremiums.. .............................. ......................................................................... 945,288,567 AdvancePremium......................................................................................................... 7,921,829 Ceded Reinsurance Premiums Payable.................................................................................... 72,110,703 24,081,128 Funds Held by Company under Reinsurance Treaties................................................................ Amounts Withheld by Company for Account of Others ................................................................ 147,974,892 Provision for Reinsurance...............................................................................................: 3,350,178 Payable to Parent, Subsidiaries and Affiliates............................................................................ 13,094,638 OtherLiabilities............................................................................................................... 41,952,278 TOTAL LIABII-TIES................................................................................ $ 3,549,946,293 CommonCapital Stock................................................................................................... 18,780,000 Gross Paid In and Contributed Surplus.................................................................................... 1,577,074,940 Unassigned Funds(Surplus)................................................................................................ 257,493,995 Surplus as Regards Policyholders .................................................................... 1,853,348,935 TOTAL LIABILTNESS, SURPLUS & OTHER FUNDS .......................................... $ 5,403,295,228 I, Carmine Scaglione, Senior Vice President and Controller of UNITED STATES FIRE INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, December 31, 2021, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of Delaware. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company, this 1st day of March, 2021. UNITED STATES FIRE INSURANCE COMPANY EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 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 Agreement: [2022_ver.3] t AQ 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. [END OF EXHIBIT B-31 18 Construction Services Agreement: [2022_ver CA 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: 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 120 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF on CONTRACTOR BY: ITS: DATE: President [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 1 20 by I as of , a corporation, 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: (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 19 Construction Services Agreement: [2022_ver.3] C;A0 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @5% through Insert Datel $ Retainage @ 5% through [Insert date $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: ignature: Date: a ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: wner's Project Manager Name: ignature: Date: 20 Construction Services Agreement: [2022_ver.3] EXHIBIT D (Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO RNISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS & STORED (reduced rate) WITHHELD THRU DATE I SINCE DATE PERIOD TO DATE TOTALS * Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play. If this happens, all information up to the date of the % change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 21 Construction Services Agreement: [2022_ver Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Balance Invoice Previously Received Previously Installed To Date Description Supplier Number Received This Period Installed This Period Install 22 Construction Services Agreement: [2022_v EXHIBIT E: CHANGE ORDER Cater County Procurement Services Change Order Form ❑ Contract Modification ❑ Work Order Modification (� Contract #: Change #:�Purchase Order #: Project #: I Contractor/Firm Name: Contract/Project: L Project Manager Name: Division Name: Original Contract/Work Order Amount 9 Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/01 Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/01 Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved �� Revised Date Date Completion Date Date (Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this rhanna is not nmr.PSSPd. Attach additional information from the Desiqn Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Accepted by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Division Director or Designee) Approved by: Date: (Procurement Professional) vtPt3arayr�s may iivau4;eo�:�u;l7�s€;>:'.��h+;et.; ._ � hK .. 23 Construction Services Agreement: [2022_ver,.3]_', 4 Change Order/Amendment Summary CO# AMD# Description COST TIME Justification Additive Deductive Days Added I New Amount Revised 0V1,V2W21 (Diviswo.11 wto may requife additional Wnatures may ity..lude on swpiratf, shpet F F 24 Construction Services Agreement: (2022_ve r-3 icA)O OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Construction Services Agreement: [2022_ver.3] I :;AO \__11' OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on By: Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on 120 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 By: OWNER Type Name and Title 26 Construction Services Agreement: [2022_v CA03 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date: and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount. Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: By Design Professional: By Owner: Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 27 Construction Services Agreement: [2022_ver.3U'A, - 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. 28 Construction Services Agreement: [2022_ver.3] 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide 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 29 Construction Services Agreement: [2022_ver.3] 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 30 Construction Services Agreement: [2022_ver.3] 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 to 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 31 Construction Services Agreement: [2022_ver.3] 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 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 32 Construction Services Agreement: [2022_ver.3] 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. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement: [2022_ver.3] "U 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 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Construction Services Agreement: [2022_ver.3] 0-10 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 (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 34112-5746 Telephone: (239) 252-8999 Email: PublicRecord Reg uest(c-)colIiercountyfl.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 35 Construction Services Agreement: [2022_ver.3] Ar agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Construction Services Agreement: [2022_ver.3] 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, 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 Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction Services Agreement: [2022_ver.3] the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement: [2022_ver.3] any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding 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 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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 workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement: [2022_ver.3] LA If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement: [2022_ver.3] 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 to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement: [2022_ver.3] 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 (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement: [2022_ver.3] 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 Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construction Services Agreement: [2022_ver.3] 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. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 Construction Services Agreement: [2022_ver.3] 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 fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement: [2022_ver.3] 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 shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 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. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or 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 46 Construction Services Agreement: [2022_ver.3] 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 OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement: [2022_ver.3] OAQ 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 other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 48 Construction Services Agreement: [2022 ver.3] CA9 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 colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bic page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 49 Construction Services Agreement: [202.2_ver.3] ,CAp 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction Services Agreement: [2022_ver.3] 0A0 The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction Services Agreement: [2022_ver.3] CAQ price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 52 Construction Services Agreement: [2022_ver.3] (FAQ 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-FMOPSP-colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement: [2022_ver.3] 38. ABOVEGROUND/UNDERGROUND TANKS 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement: [2022_ver.3] EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Attached hereto, following this page ® Not Applicable 55 Construction Services Agreement: [2022_ver.3] CAO SACYCON-01 RMILFS CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER American Global LLC 900 S Pine Island Road Suite 210 Plantation, FL 33324 CAONTACT AG FL Insurance Team PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL . certsFL americanglobal.com INSURER(Sl AFFORDING COVERAGE NAIC # INSURER A: LibertyMutual Fire Insurance Company 23035 Sacyr INSURED 3191 Coral Way Construction USA LLC 191 INSURER13:Libe Insurance Corporation 42404 INSURER c:Indian Harbor Insurance Company 36940 INSURER D 5th Floor, Suite 510 Miami, FL 33145 INSURER E INSURER F : --""''�"' ^"""'"`• KtVIJIUNINUMtitK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X TB2-651-293655-022 4/13/2022 4/13/2023 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTEDRE MIS $ 100,000 MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [:�] PE � LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OPAGG 4,000,000 $ EMPLOYEE BENEFI COMBINED SINGLE LIMIT (Ea accident)$ $ 1,000,000 2,000,000 A OTHER: AUTOMOBILE LIABILITY -1 X ANY AUTO OWNUTOSED SCHEDULED AONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X AS2-651-293655-012 4/13/2022 4/13/2023 BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ EACH OCCURRENCE $ 10,000,000 B A UMBRELLA LIAB M OCCUR X EXCESS LIAB CLAIMS -MADE N /A TH7-651-293655-042 A2-65D-293655-032 4/13/2022 4/13/2022 4/13/2023 4/13/2023 AGGREGATE $ 10,000,000 DED I X I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y� OFFICER/MEMBER EXCLUDED? in Nnd er I(f yes, describe under X PER OTH- $ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1'000'000 $ E.L. DISEASE -POLICY LIMIT EachClaim $2M / Agg. $ 1,000,000 4,000,000 C DESCRIPTION OF OPERATIONS below Professional Liab. CE07421468 4/13/2022 4/13/2023 C Pollution Liab. CE07421468 4/13/2022 4/13/2023 Per Occ. $2M / Agg. 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job Project No. 60168 Re: Project No. 60168 CONSTRUCTION SERVICES FOR VANDERBILT BEACH ROAD EXTENSION / Solicitation No. 22-7976 Collier County Board of County Commissioners is included as Additional Insured in accordance with the policy provisions of the General Liability and Auto Liability Policies. General Liability and Auto Liability Policies evidenced herein are Primary Noncontributory to other insurance available to the Additional Insureds, but only in accordance with the Policy Provisions. Collier County Board of County Commissioners is granted a 30-day notice of cancellation in accordance with the policy provisions. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE A%,UMLJ LO (LUIU/U3) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD