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Backup Documents 07/12/2022 Item #11F
a ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management -66 7/1z z- 2. County Attorney Office County Attorney Office SRT w7" 7 32 4. BCC Office Board of County Commissioners / I f5/ 7/1Y(2-1- 4. Minutes and Records Clerk of Court's Officed-14,4• -71 I q/LL- 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PROCUREMENT Contact Information 239-252-8950 Contact/ Department Agenda Date Item was JULY 12, 2022 Agenda Item Number 11.F. Approved by the BCC Type of Document CONTRACT Number of Original 1 Attached Documents Attached PO number or account N/A 22-7976 SACYR number if document is SACYR CONSTRUCTION to be recorded CONSTRUCTION USA,LLC USA, LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! RECEIV C a``ot 8. The document was approved by the BCC on 07/12/2022 and all changes made during the meeting have been incorporated in the attached document. The County j jjj 1 an option for Attorney's Office has reviewed the changes,if applicable. St t f_ s line. _ approved Initials of attorney verifying that the attached document is the version by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for thPl3k M�nager- ption for Chairman's signature. $R-T#1 this line. I 1 r a * Melinda S. Ragan From: Melinda S. Ragan Sent: Thursday,July 14, 2022 11:31 AM To: AnaReynosoVEN Subject: Item#11 F Contract 22-7976 Sacyr Construction USA LLC Attachments: Contract 22-7976 Sacyr Construction USA LLC).pdf Please find the attached document/contract for your record. Thank You! Mende Ragan BMR&VAB Deputy Clerk COURTS Office: 239-252-8411 `o,� Fax: 239-252-8408 o� 73 Melinda.Ragan@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3399 Tamiami Trail E, Suite#401 FR cot.wri•t~ Naples, FL 34112 www.CollierClerk.com i 1 1 F Melinda S. Ragan From: Melinda S. Ragan Sent: Thursday,July 14, 2022 10:59 AM To: AnaReynosoVEN Subject: Item #11 F Contract with Sacyr Construction USA LLC Attachments: 22-7976 (Sacyr Construction USA INC).pdf Please find the attached document for your record. Thank You! 1 I 1 F 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 OP• 1 Construction Services Agreement. [2022_ver.3] ilia 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. 2 Construction Services Agreement:[2022_ver.3] I 1 F 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 I I Not Applicable Exhibit B-2: Performance Bond Forms Not Applicable 3 Construction Services Agreement:[2022_ver.31 Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form i 1 F 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.bidsvnc.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ®Exhibit K: Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: 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 do Transportation Engineering Division 2885 Horseshoe Drive S Naples, Florida 34104 Attn: Mario Puente, Senior Project Manager Phone: (239) 252-5828 Email: Mario.PuenteAcolliercountyfl.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: JcapprosPsacyr.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] 1 1 F " 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. 5 Construction Services Agreement:[2022_ver.3] I1F ' Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "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] h 1 F IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: 4 TWO WITNESSES: SACYR Construction USA LLC FIRST WITNES .)OSE M IN C ?AgIz.0 Q 2-ne \ By: rint m ExY-i10 V Gr A 604)&0 Print Name and Title Date 03-/O S'/3 _ C ND WITNESS eAf5 pro CRI. Print Name Date: z itr l* , l/.22 AT1EST . OWNER: 'Cryst , l irszel;Clerk of Courts BOARD OF COUNTY COMMISSIONERS ef`rnptrniter.. w OF COLLIER COU Y FLORIDA ro M , ' 61-)Ad 1' AA / m v clanie r. , Chairman t ;; , ` `Attest as to Chairman s ' signature OOP A d as to Form and Le ality: psGR ..e.c.._t___ tea!County Attorney bt pw17 —‹-Cf �Af Print Name 04)014 Construction Services Agreement:[2022_ver.3] Ii F EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) O 8 GQ' Construction Services Agreement:[2022_ver.3] t1F BID SCHEDULE SACYR CONSTRUCTION USA,LLC Construction Services for Vanderbilt Beach Road Extension,Project 61068 Item No. I QTY I Unit I Item Description Unit Price j I 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 SEDIMENT BARRIER-STAKED SILT FENCE(TYPE III) $ 3.00 $ 757,170.00 104-11 3,001 LF FLOATING TURBIDITY BARRIER $ 20.00 $ 60,020.00 104-18 12 EA INLET PROTECTION SYSTEM $ 90.00 $ 1,080.00 MONITOR EXISTING STRUCTURES-INSPECTION AND 108-1 1 LS SETTLEMENT MONITORING $ 50,000.00 $ 50,000.00 108-2 1 LS MONITOR EXISTING STRUCTURES-VIBRATION MONITORING $ 50,000.00 $ 50,000.00 CLEARING AND GRUBBING(ALL)(EXAMPLES:DRAINAGE,PIPE REMOVAL,INLET REMOVAL,ASPHALT,CONCRETE REMOVAL, 110-1-1 325 AC UTILITIES,ETC.) $ 27,000.00 $ 8,775,000.00 110-7-1 25 EA MAIL 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 1,137,309 CY EMBANKMENT(TOTAL)(INCLUDES IMPORTED EMBANKMENT) $ 20.00 $ 22,746,180.00 EMBANKMENT(REPLACEMENT FOR UNSUITABLE MATERIAL- 120-6A 200,000 CY 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 OPTIONAL BASE,BASE GROUP 09 $ 21.00 $ 6,834,660.00 289-1-AAA 4,000 SY 6 INCH CRUSH CONCRETE FOR WELL ACCESS ROAD $ 10.00 $ 40,000.00 327-70-6 33,540 SY 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 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC C,FC 12.5,PG 337-7-83 32,897 TN 76-22 $ 195.00 $ 6,414,915.00 339-1 238 TN MISCELLANEOUS ASPHALT PAVEMENT $ 500.00 $ 119,000.00 CONCRETE CLASS NS,GRAVITY WALL AND CONTROL 400-0-11 221 CY STRUCTURE APRONS $ 750.00 $ 165,750.00 400-1-2 7 CY CONCRETE CLASS I,ENDWALLS $ 2,000.00 $ 14,000.00 425-1-201 4 EA 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 `: 430-175-136 12,776 LF PIPE CULVERT,OPT MATERIAL,ROUND,36"S/CD $ 235.00 $ 3,002,360.00 430-175-142 4,890 LF PIPE CULVERT,OPT MATERIAL,ROUND,42"S/CD $ 300.00 $ 1,467,000.00 430-175-148 5,881 LF PIPE CULVERT,OPT MATERIAL,ROUND,48"S/CD $ 375.00 $ 2,205,375.00 430-175-166 421 LF PIPE CULVERT,OPT MATERIAL,ROUND,66"S/CD $ 1,000.00 $ 421,000.00 430-175-224 1,616 LF PIPE CULV,OPT MATERIAL,OTHER SHAPE-ELLIP/ARCH,24"S/CD $ 200.00 $ 323,200.00 PIPE CULVERT,OPT MATERIAL,OTHER SHAPE-ELIP/ARCH, 430-175-230 696 LF 30"S/CD $ 275.00 $ 191,400.00 PIPE CULVERT,OPT MATERIAL,OTHER SHAPE-ELIP/ARCH, 430-175-236 1,069 LF 36"S/CD $ 350.00 $ 374,150.00 430-982-129 34 EA MITERED END SECTION,OPTIONAL ROUND,24"CD $ 3,500.00 $ 119,000.00 430-982-133 8 EA MITERED END SECTION,OPTIONAL ROUND,30"CD $ 6,500.00 $ 52,000.00 430-982-138 9 EA MITERED END SECTION,OPTIONAL ROUND,36"CD $ 8,500.00 $ 76,500.00 430-982-140 9 EA MITERED END SECTION,OPTIONAL ROUND,42"CD $ 9,000.00 $ 81,000.00 430-982-141 4 EA MITERED END SECTION,OPTIONAL ROUND,48"CD $ 15,000.00 $ 60,000.00 430-982-144 1 EA MITERED END SECTION,OPTIONAL ROUND,66"CD $ 35,000.00 $ 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 4 EA MITERED END SECTION,OPTIONAL-ELLIPTICAL/ARCH,36"CD $ 8,500.00 $ 34,000.00 430-984-125 21 EA MITERED END SECTION,OPTIONAL ROUND,18"SD $ 3,000.00 $ 63,000.00 430-984-129 4 EA MITERED END SECTION,OPTIONAL ROUND,24"SD $ 3,500.00 $ 14,000.00 430-984-133 3 EA MITERED END SECTION,OPTIONAL ROUND,30"SD $ 6,800.00 $ 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 16 EA MITERED END SECTION,OPTIONAL-ELLIPTICAL/ARCH,24"SD $ 3,500.00 $ 56,000.00 430-984-633 4 EA MITERED END SECT,OPTIONAL/ELLIP/ARCH,30"SD $ 4,500.00 $ 18,000.00 430-984-638 2 EA MITERED END SECT,OPTIONAL/ELLIP/ARCH,36"SD $ 8,500.00 $ 17,000.00 PEDESTRIAN/BICYCLE RAILING,ALUMINUM ONLY,42"TYPE 1 515-2-311 998 LF (PICKET) $ 179.64 $ 179,280.72 520-1-10 111,042 LF CONCRETE CURB AND GUTTER TYPE F $ 24.00 $ 2,665,008.00 520-1-7 17,227 LF CONCRETE CURB AND GUTTER TYPE E $ 25.00 $ 430,675.00 520-2-4 203 LF CONCRETE CURB,TYPED $ 45.00 $ 9,135.00 520-5-41 6,784 LF TRAFFIC SEPARATOR CONCRETE-TYPE IV,4'WIDE $ 70.00 $ 474,880.00 520-70 168 SY TRAFFIC SEPARATOR CONCRETE-SPECIAL,VARIABLE WIDTH $ 90.00 $ 15,120.00 522-2 7,462 SY SIDEWALK CONCRETE AND DRIVEWAYS,6"THICK $ 85.00 $ 634,270.00 RIPRAP(RUBBLE)DITCH LINING(1.5'THICK) (INCLUDES 530-3-4 4,288 TN GEOTEXTILE FABRIC) $ 100.00 $ 428,800.00 526-1-2 1,386 SY PAVERS,ARCHITECTURAL,SIDEWALK $ 150.00 $ 207,900.00 527-2 828 SF DETECTABLE WARNINGS $ 45.00 $ 37,260.00 GUARDRAIL-ROADWAY,GENERAL TL-3(INCLUDES PIPE 536-1-1 9,353 LF 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 10 EA GUARDRAIL TRANSITION CONNECTION TO RIGID BARRIER(F&I) $ 3,284.91 $ 32,849.10 536-85-20 3 EA GUARDRAIL END TREATMENT-TRAILING ANCHORAGE $ 1,899.09 $ 5,697.27 536-85-24 10 EA GUARDRAIL END TREATMENT-PARALLEL APPROACH TERMINAL $ 3,284.91 $ 32,849.10 536-85-26 3 EA GUARDRAIL END TREATMENT-CRT $ 3,079.61 $ 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 FENCING,SPECIAL TYPE,0.0 TO 5.0',RESET EXISTING $ 30.00 $ 15,000.00 550-60-223 8 EA FENCE GATE,TYPE B,DOUBLE,12.1-18.0'OPENING $ 4,000.00 $ 32,000.00 550-60-236 2 EA FENCE GATE,TYPE B,SLIDING/CANTILEVER,24.1-30.0'OPENING $ 5,500.00 $ 11,000.00 PERFORMANCE TURF,HYDROSEEDING(Ind Mowing,Watering, 570-1-1 356,703 SY Fertilizer etc.) $ 0.50 $ 178,351.50 570-1-2 593,685 SY PERFORMANCE TURF,SOD(Inc'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 LF DEVICE) $ 28.00 $ 60,788.00 CC 126-1 18,666 CY MEDIAN BACK FILL FOR LANDSCAPE(18 Inch Depth) $ 28.00 $ 522,648.00 LL95U-NUW 1 FIXED KUAUWAY 11ENISALLUWANLh $ 5,000,000.00 $ 5,000,000.00 CATEGORY I-ROADWAY TOTAL $129,799,312.19 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 $ 16,820.00 I 1 F 700-1-13 8 AS SINGLE POST SIGN,F&I GROUND MOUNT,21-30 SF $ 1,977.00 $ 15,816.00 700-1-14 2 AS SINGLE POST SIGN,F&I GROUND MOUNT,31+SF $ 2,141.00 $ 4,282.00 700-1-50 1 AS SINGLE POST SIGN,RELOCATE $ 250.00 $ 250.00 700-1-60 22 AS SINGLE POST SIGN,REMOVE $ 20.00 $ 440.00 700-2-12 3 AS MULTI-POST SIGN,F&I GROUND MOUNT,12-20 SF $ 3,897.00 $ 11,691.00 700-2-13 3 AS MULTI-POST SIGN,F&I GROUND MOUNT, 21-30 SF $ 4,720.00 $ 14,160.00 700-2-60 1 AS MULTI-POST SIGN,REMOVE $ 800.00 $ 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 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) - * 925 EA RETRO-REFLECTIVE PAVEMENT MARKERS(Y/Y) * 521 EA RETRO-REFLECTIVE PAVEMENT MARKERS(M/D Y) 'THESE QUANTITIES ARE PAID FOR UNDER PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,SOLID,12" PAINTED PAVEMENT MARKINGS(FINAL 4,002 LF FOR CROSSWALK AND ROUNDABOUT SURFACE),LUMP SUM-ITEM NO.710-90. PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,SOLID,18" THE QUANTITIES SHOWN ARE FOR ONE * 5,256 LF FOR DIAGONAL OR CHEVRON APPLICATION;SEE SPECIFICATION 710 FOR PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,SOLID,24" THE NUMBER OF APPLICATIONS * 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 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 ' 85 EA PAINTED PAVEMENT MARKINGS,STANDARD,ARROW,BIKE LANE PAINTED PAVEMENT MARKINGS,STANDARD,YELLOW,SOLID, 'THESE QUANTITIES ARE PAID FOR UNDER • 2,994 LF 18"FOR DIAGONAL OR CHEVRON PAINTED PAVEMENT MARKINGS(FINAL PAINTED PAVEMENT MARKINGS,STANDARD,YELLOW,2-4 SURFACE),LUMP SUM-ITEM NO.710-90. * 1.288 GM DOTTED GUIDE LINE/6-10 DOTTED EXTENSION LINE,6" THE QUANTITIES SHOWN ARE FOR ONE PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,ISLAND APPLICATION;SEE SPECIFICATION 710 FOR * 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- * 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 I$ 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- 711-11-141 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 THERMOPLASTIC,STANDARD,WHITE,ARROW $ 52.78 $ 10,608.78 711-11-180 72 LF THERMOPLASTIC,STANDARD,WHITE,YIELD LINE $ 9.14 $ 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 21.013 GM 6",10-30 SKIP OR 3-9 LANE DROP $ 1,020.94 $ 21,453.01 C.N" 1 1 F 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 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 $ 8,094.27 $ 1,060.35 LA,yDU-bVM 1 FIXED S1(.,NJN( ANU FAVLMhN1 MAKKINUS ALLUWANLI $ 50,000.00 $ 50,000.00 CATEGORY II—SIGNING&PAVEMENT MARKINGS TOTAL $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 FIBER OPTIC CONNECTION HARDWARE,F&I,SPLICE 633-3-11 7 EA ENCLOSURE $ 794.63 $ 5,562.41 633-3-12 9 EA FIBER OPTIC CONNECTION HARDWARE,F&I,SPLICE TRAY $ 50.94 $ 458.46 FIBER OPTIC CONNECTION HARDWARE,F&I,PRETERMINATED 633-3-13 20 EA CONNECTOR ASSEMBLY $ 81.50 $ 1,630.00 FIBER OPTIC CONNECTION HARDWARE,F&I,PRETERMINATED 633-3-15 5 EA PATCH PANEL $ 1,579.08 $ 7,895.40 MULTI-CONDUCTOR COMMUNICATION CABLE-POWER OVER 633-8-1 285 LF 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"x30"COVER SIZE $ 1,141.01 $ 108,395.95 635-2-12 68 EA PULL&SPLICE BOX,F&I,24"x36"COVER SIZE $ 1,935.64 $ 131,623.52 PULL&SPLICE BOX,F&I,30"X 60"RECTANGULAR OR 36"ROUND 635-2-13 6 EA COVER SIZE $ 4,564.04 $ 27,384.24 ELECTRICAL POWER SERVICE,F&I,UNDERGROUND,METER 639-1-122 4 AS 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 STEEL MAST ARM ASSEMBLY,FURNISH AND INSTALL,SINGLE 649-21-6 2 EA ARM 50'(W/Luminaire) $ 99,634.55 $ 199,269.10 STEEL MAST ARM ASSEMBLY,FURNISH AND INSTALL,SINGLE 649-21-10 3 EA ARM 60'(W/Luminaire) $ 107,784.62 $ 323,353.86 STEEL MAST ARM ASSEMBLY,FURNISH AND INSTALL,SINGLE 649-21-15 5 EA ARM 70'(W/Luminaire) $ 115,934.68 $ 579,673.40 STEEL MAST ARM ASSEMBLY,FURNISH AND INSTALL,SINGLE 649-21-21 2 EA ARM 78'(W/Luminaire) $ 151,387.47 $ 302,774.94 TRAFFIC SIGNAL,FURNISH&INSTALL ALUMINUM,3 SECTION,1 650-1-14 24 AS WAY $ 1,609.64 $ 38,631.36 TRAFFIC SIGNAL,FURNISH&INSTALL ALUMINUM,4 SECTION,1 650-1-16 9 AS WAY $ 2,791.40 $ 25,122.60 650-1-60 1 AS VEHICULAR TRAFFIC SIGNAL,REMOVE-POLES TO REMAIN $ 366.75 $ 366.75 VEHICULAR TRAFFIC SIGNAL,RELOCATE-INCLUDES REMOVAL 650-1-70 4 AS AND REINSTALLING $ 1,141.01 $ 4,564.04 PEDESTRIAN SIGNAL,FURNISH&INSTALL LED COUNTDOWN,1 653-1-11 24 AS 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 VEHICLE DETECTION SYSTEM-MICROWAVE,F&I,CABINET 660-3-11 8 EA EQUIPMENT $ 9,270.70 $ 74,165.60 VEHICLE DETECTION SYSTEM-MICROWAVE,F&I,ABOVE 660-3-12 5 EA GROUND EQUIPMENT $ 17,420.77 $ 87,103.85 SIGNAL PRIORITY AND PREEMPTION SYSTEM,F&I,OPTICAL, 663-1-111 3 EA CABINET ELECTRONICS $ 11,511.97 $ 34,535.91 SIGNAL PRIORITY AND PREEMPTION SYSTEM,F&I,OPTICAL, 663-1-112 11 EA DETECTOR $ 5,684.67 $ 62,531.37 665-1-11 24 EA PEDESTRIAN DETECTOR,F&I,STANDARD $ 427.88 $ 10,269.12 TRAFFIC CONTROLLER ASSEMBLY,F&I,NEMA,ONE I 1 670-5-111 3 AS PREEMPTION $ 50,530.41 $ 151,591.23 670-5-400 1 AS TRAFFIC CONTROLLER ASSEMBLY,MODIFY $ 4,278.78 $ 4,278.78 ITS CCTV CAMERA,F&I,DOME PTZ ENCLOSURE-PRESSURIZED, 682-1-113 6 EA 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 UNINTERUPTIBLE POWER SUPPLY,F&I,LINE INTERACTIVE WITH 685-1-13 3 EA CABINET $ 19,814.85 $ 59,444.55 TRAFFIC MONITORING SITE NON-INTRUSIVE VEHICLE SENSOR- 695-2-1 2 EA NON-WEIGHT,FURNISH&INSTALL $ 13,549.49 $ 27,098.98 TRAFFIC MONITORING SITE SOLAR POWER UNIT,FURNISH& 695-5-1 1 EA INSTALL $ 6,265.36 $ 6,265.36 TRAFFIC MONITORING SITE CABINET,FURNISH&INSTALL,TYPE 695-7-133 2 EA 3,POLE MOUNT $ 11,766.66 $ 23,533.32 TRAFFIC MONITORING SITE COMMUNICATIONS MODEM FURNISH 695-8-11 2 EA &INSTALL $ 2,699.71 $ 5,399.42 INTERNALLY ILLUMINATED SIGN,FURNISH&INSTALL OVERHEAD 700-5-22 12 EA MOUNT,12-18 SF $ 9,494.83 $ 113,937.96 L.L 9SU-SIC, 1 FIXED SK,NALS ALLOWANCE $ 100,000.00 $ 100,000.00 CATEGORY III-SIGNALS TOTAL $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 J ELECTRICAL POWER SERVICE,F&I,UNDERGROUND,METER 639-1-122 6 AS PURCHASED BY CONTRACTOR $ 1,813.39 $ 10,880.34 PRESTRESSED CONCRETE POLE,F&I,TYPE P-II SERVICE POLE, 641-2-12 6 EA 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 LIGHT POLE COMPLETE,F&I,POLE-35'(INCLUDES LED 715-4-12 25 EA LUMINAIRE) $ 14,058.86 $ 351,471.50 LUMINAIRE AND BRACKET ARM-ALUMINUM,F&I NEW LUMINAIRE 715-5-31 12 EA AND ARM ON NEW/EXISTING POLE $ 5,195.67 $ 62,348.04 LOAD CENTER(F&I SECONDARY VOLTAGE)(INCLUDES SERVICE 715-7-11 6 EA WIRE TO POWER SUPPLY) $ 23,431.44 $ 140,588.64 POLE CABLE DISTRIBUTION SYSTEM,CONVENTIONAL,COLLIER 715-500-1 25 EA COUNTY SPECIFICATIONS $ 804.82 $ 20,120.50 LL 95U-L1C, ' 1 FIXED LIGHI INC,ALLUWANLE $ 20,000.00 $ 20,000.00 CATEGORY IV-LIGHTING TOTAL $759,079.54 CATEGORY V-STRUCTURES 400-2-10 591 CY CONCRETE CLASS II,APPROACH SLABS $ 800.00 $ 472,800.00 CONCRETE CLASS II,BRIDGE SUPERSTRUCTURE(CAST-IN- 400-2-4 1,718 CY 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 REINFORCING STEEL-BRIDGE SUPERSTRUCTURE(CAST-IN- 415-1-4 544,657 LB 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 BRIDGE DECK EXPANSION JOINT,NEW CONSTRUCTION,F&I 458-1-11 516 LF 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 CONCRETE 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 CONDUIT,FURNISH&INSTALL,EMBEDDED CONCRETE 630-2-16 2,143 LF 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 Li_95U-SIK 1 FIXED SIKUL I NESALLUWANLE $ 350,000.00 $ 350,000.00 CATEGORY V-STRUCTURES TOTAL $7,956,417.78 eta,,' 1 1 F CATEGORY VI-PUBLIC UTILITIES POTABLE WATER MAIN 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 16 INCH HDPE DR-11(DIPS)(F&I) $ 125.00 $ 1,766,625.00 WM-05 3 EA 10 INCH GATE VALVE(F&I) $ 4,000.00 $ 12,000.00 WM-06 6 EA 12 INCH GATE VALVE(F&I) $ 5,000.00 $ 30,000.00 WM-07 18 EA 16 INCH GATE VALVE(F&I) $ 10,000.00 $ 180,000.00 WM-08 2 EA AIR REALEASE VALVE FOR 12 INCH PIPE(F&I) $ 2,000.00 $ 4,000.00 WM-09 11 EA AIR 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 WM-17 1 LS CONNECTION)(REPLACE IN-KIND) $ 12,500.00 $ 12,500.00 NON-POTABLE WATER MAIN 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 30 INCH HDPE 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 24 INCH GATE VALVE(F&I) $ 26,500.00 $ 53,000.00 NPW-06 2 EA 30 INCH GATE VALVE(F&I) $ 60,000.00 $ 120,000.00 NPW-07 5 EA AIR REALEASE VALVE FOR 18 INCH PIPE(F&I) $ 2,500.00 $ 12,500.00 NPW-08 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 HDPE DR-11(DIPS) (COMPLETE)(INCLUDES PIPE,CONNECTIONS,TRACKING WIRE, NPW-11 500 LF ETC.) $ 1,000.00 $ 500,000.00 FORCE MAIN 10 INCH PVC C900 DR-18(F&I)(INCLUDES ALL RESTRAINTED FM-01 340 LF JOINTS) $ 145.00 $ 49,300.00 FM-02 1 EA 10 INCH PLUG VALVE(F&I) $ 4,500.00 $ 4,500.00 FM-03 1 EA AIR REALEASE VALVE FOR 10 INCH PIPE(F&I) $ 8,500.00 $ 8,500.00 FM-04 1 TN FITTINGS AND ADDITIONAL RESTRAINTS(F&I) $ 25,000.00 $ 25,000.00 CONNECTION(COMPLETE)(INCLUDES ALL ADDITIONAL FM-05 2 EA FITTINGS,RESTRAINTS TO EXISTING,VACUUM TRUCK(S),ETC.) $ 10,000.00 $ 20,000.00 SCADA AND ELECTRICAL 630-2-11 18,603 LF CONDUIT,FURNISH&INSTALL,OPEN TRENCH $ 28.93 $ 538,184.79 630-2-12 3,677 LF CONDUIT,FURNISH&INSTALL,DIRECTIONAL BORE $ 51.85 $ 190,652.45 CONDUIT,FURNISH&INSTALL,DIRECTIONAL BORE(AT CURRY 630-2-12* 410 LF CANAL) $ 532.30 $ 218,243.00 633-1-121 2,882 LF FIBER OPTIC CABLE,F&I,UNDERGROUND,2-12 FIBERS $ 6.11 $ 17,609.02 633-1-124 28,936 LF FIBER OPTIC CABLE,F&I,UNDERGROUND,97-144 FIBERS $ 10.19 $ 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 $ 23,838.90 633-3-12 30 EA FIBER OPTIC CONNECTION HARDWARE,F&I,SPLICE TRAY $ 50.94 $ 1,528.20 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 $ 50,530.56 635-2-12 21 EA PULL BOX,F&I,24"X 36"COVER SIZE,FIBER $ 1,956.02 $ 41,076.42 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 1 1 F 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 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 $ 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 C.C,9SU-U 11 1 FIXED PUBLIC.U 11LU I6S ALLULVANC.E $ 300,000.00 $ 300,000.00 CATEGORY VI-PUBLIC UTILITIES TOTAL $ 8,997,790.15 CATEGORY VII-BOAT RAMPS CLEARING AND GRUBBING(CURRY,CORKSCREW,ORANGE 110-1-1 0.30 AC TREE CANAL) $ 25,000.00 $ 7,500.00 104-10-3 1,270 LF SEDIMENT BARRIER-STAKED SILT FENCE $ 2.00 $ 2,540.00 104-11 290 LF FLOATING TURBIDITY BARRIER $ 18.00 $ 5,220.00 REGULAR EXCAVATION(INCLUDES RE-GRADED STABILIZED 120-1 1,455 CY MAINTENANCE BERM) $ 10.00 $ 14,550.00 SUB-GRADE STABILIZATION WITH 12"GRAVEL SUB-BASE 160-4 658 SY (INCLUDES WOVEN FILTER FABRIC) $ 35.00 $ 23,014.44 522-2 78.0 SY RAMP CONCRETE APPROACH SLAB $ 350.00 $ 27,300.00 TYPE'A'RIP-RAP SCOUR PROTECTION (INCLUDES GEOTEXTILE 530-3-1 508 TN FABRIC AND 6"BEDDING) $ 140.00 $ 71,120.00 TYPE'D'RIP-RAP SCOUR PROTECTION (INCLUDES GEOTEXTILE 530-3-4 125 TN FABRIC AND 6"BEDDING) $ 150.00 $ 18,750.00 570-1-2 1,465 SY PERFORMANCE TURF(SOD) $ 4.00 $ 5,860.00 ARTICULATED CONC.MAT(BOAT RAMP)(F&I)(INCL GEOGRID, 999-1 5,630 SF GEOTEXTILE,BEDDING STONE) $ 28.00 $ 157,640.00 ACCESS SWING BARRIER GATE(20 FT-BLACK COATED)(INCL. 999-2 5 EA POST FTGS,HARDWARE&OM4-1 SIGNS-2 EA) $ 4,876.04 $ 24,380.20 Lk_45U-KMI 1 FIXED 15UA 1 RAMPS ALLULV ANLh $ 30,000.00 $ 30,000.00 CATEGORY VII-BOAT RAMPS TOTAL $387,874.64 BID SUMMARY CATEGORY I-ROADWAY TOTAL $129,799,312.19 CATEGORY II-SIGNING&PAVEMENT MARKINGS TOTAL $784,969.46 CATEGORY III-SIGNALS TOTAL $4,314,556.14 CATEGORY IV-LIGHTING TOTAL $759,079.54 CATEGORY V-STRUCTURES TOTAL $7,956,417.78 CATEGORY VI-PUBLIC UTILITIES TOTAL $8,997,790.15 CATEGORY VII-BOAT RAMPS TOTAL $387,874.64 PROJECT TOTAL $152,999,999.91 1 1 F EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: [2022_ver.3] 1 1 F Email: Kristofer.Lopez@oolliercountyfl.gov t? tetr y Telephone: (239)252-8375 Procurement Services Division Addendum#1 Date: 4/22/2022 From: Kristofer Lopez, Senior Procurement Strategist To: Interested Bidders Subject: Addendum#1 Solicitation#22-7976 Project No. 60168 Vanderbilt Beach Road Extension The fol l owi ng d ari fi cations are issued as an addendum identifying the f of I owi ng d arifi call on to the scope of work,changes,deletions,or addi ti ons to the origi nal soli citati on document for the referenced solicitation: 1. Revised Sol i d 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.1A 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. Exhi bi t L Standard Deta I s—Parcel Report has been uploaded 7. FPL Work Schedule—FPL Rens hale been uploaded 8. Comcast Work Schedule—Roadway PI ans w/Comcast have been uploaded 9. Lumin-Century Link Work Schedule—Roadway PIansw/Century Link have been uploaded 10. Two Work Schedule—Roadway Pl ens w/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.bidsync.com) bidding platform under the solicitation for this project. Pleas sign below and return a copy of thisAddendum with your submittal for the above referenced sdldtati 05/19/22 (Signature) nr eArnso Zuriga,Autfionzed Representative Date Sacyr Construction USA LLC (Name of Firm) tiF • � �, � Email: Kristofer.Lopez�ra"�colliercountyfl.gov Telephone: (239) 252-8375 Procurement Services Division Addendum#2 Date: 5'2 2022 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.I 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.bidsync 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. 05/19122 (Signature) Enrique Alonso Zuniga,Authorized Representative Date Sacyr Construction USA LLC (Name of Firm) C• 1 1 F CtD er cO'1LRYlt Email: Kristofer.Lopez@colliercountyfl.gov Telephone: (239)252-8375 Procurement Services Division Addendum#3 Date: 5 132022 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.bidsync.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 Alonso Zuniga, Authorized Representative Date Sacyr Construction USA LLC (Name of Firm) t-_ J ' 1 F Director,Procurement Services Division FORM 1-BID RESPONSE FORM 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Project No.60168 Construction Services 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.n/a State Contractor's License g CGC1528154 State of Florida Certificate of Authority Document Number M15000004810 Federal Tax Identification Number 61-1753336 DUNS g' 079853819 CCR# Cage 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 1 1 F Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager,in writing,subsequently notifies the Contractor of a modified(later)commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within 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 Zufliga Title:Authorized Representative Date: May 19,2022 Construction Solicitation Doc rev 02-21-20 C 1F € FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Project No. 60168 Construction Services for Vanderbilt Beach Road Extension Bid No.22-7976 Name Personnel Category Joe Cothran Construction Superintendent Faraz Alavi Project Manager Construction Solicitation Doc rev 02-21-20 GJ � 1F FORM 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NONRESPONSIVE All Bidders stall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255,20 to provide lumber,timber aid other forest products produced and manufactured in the State of Florida as long the price.fitness and quality a re equal. Exceptions(when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shal I furnish the maufacturer naned in the spec fi cati on.A c cepta ice of thi s form does not constitute acceptance of material proposed on this list. Complete and sign section A CR B Section A(Acceptaice of all manufactures and materials in Bid specifications) On behalf of my firm. I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Sacyr Construction ULC gnature • Date May 19,2022 Enrique Aloh*xrit7 +ga`Authorized Representative Section B(Exception requested to Bid specifications manufacturers aid materials) FXCEPTION_MATERIAL. EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. PI ease i nsert additional pages as neccary. Company: - Signature: Date Construction Solicitation Doc rev 02-21-20 t+�� ! iF FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMEI)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 Subcontractor and Address 1. Electrical AS. ..- I/.�.1441_ 1/1 ,l.N :Q/1/ , rGI AiYas.. _ Ps 2. Mechanical 3. Plumbin 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Sacir Construction USA LLC Signature " Date: May 19, 2022 Enrique Alonso Zuniga,Authorized Representative Construction Solicitation Doc rev 02-21-20 n 1F 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 terms of the Agreement. SR 82 from Alabama Rd to Homestead Rd. S FOOT- D1 (project name) (project owner) Florida 801 N Broadway Ave, Bartow, FL 33830 (project location) (Owner's address) Add lanes&reconstruction Tom Deer.P.E -Senior Project Engineer (project description) (Owner's contact person) (title) 07/09/'18-05114,/21 tom.deer@kinardstone.com $44 539 372 00 239-340-3886 (project start:completion dates) (contract value) (phone) (email) 2. Franjo Road Design Build Project Village of Palmetto Bay (project name) (project owner) Palmetto Bay , Florida 9705 E. Hibiscus St. ,Palmetto Bay, FL 33157 (project location) (Owner's address) Roadway and complete infrastructure improvements Nick Marano City Manager (project description) (Owner's contact person) (title) 05/07/2018-05/21/21 $10,853,624.66 305 259 1240 nmarano@palmettobay-fl.gov }palmettobay-fl.gov (project start/completion dates) (contract value) (phone) (email) 3. Pedemontana Veneta Highway Superstrada Pedemontana Veneta SpA (project name) (project owner) Italy Corso Vittorio Emanuele II, 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 elisabetta.pellegrini@regione.veneto.it (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 02-21-20 I1F FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4. Roadway Corridor Routes 21-24 Concessoinane Company Rutas del Litoral, S.A. (project name) (project owner) Uruguay Rincbn 602,Oficina 1101. Montevideo(Uruguay) (project location) (Owner's address) Design,construction and rehabilitation of 80-miles of highway Javier Suarez Sabugal/General Manager (project description) (Owner's contact person) (title) Aug 2017/Nov 2019 s 72,115,021 +598 29167798 jsuarez@rutasdellitoral.com uy (project completion date) (contract value) (phone) (email) 5. Route 43-Coquimbo P3 Project Ruta del Limari (project name) (project owner) Chile Avenida Isidora Goyenechea,2800 Suite 2401.Las Condes. Santiago de Chile (project location) (Owner's address) Construction of 53-miles of highway Judith Sepulveda Gonzalez/ Operations Manager (project description) (Owner's contact person) (title) May 2013/July 2018 $199,182,571 +56 9 52079899 jsepulveda@sacyr.com (project completion Pdate) (contract value) (phone) (email) 6. Concepcion-Cabrera Highway P3 Project Concessanarle Company Valles del Bio Bio,S.A. (project name) (project owner) Chile Ruta 146 9,Concepcion,Chillan Viejo,Bio Bio(Chile) (project location) (Owner's address) Construction and improvements works of 63-miles of highway(four-lane highway) Gonzalo Fuentealba Alvarado I Operation Manager (project description) (Owner's contact person) (title) June 2012 Aug 2018 $319,878,029 +56 971096413 gfuentealba@sacyr.corn (project completion date) p } (contract value) (phone) (email) Company: Sacyr Construction USA LLC ,. �_.� May 19,2022 Signature: Date: Enrique.,»lonso ZuNga Authorized Representative Construction Solicitation Doc rev 02-21-20 GNU ' . FORM 6-T����QAFE����� -_—_-__ Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90'96'Laws of Florida)effective October \, 19VO.The Bidder further identifies the cost unhe summarized below. Trench Safety l/u its of Unit Unit Extended Cost Mca000 Measure (Quantity) Cum (Bcsc hoo\ (LF.6Y) 1. Trench Box 100,80100 UP SL50 3151,203.00 _ 3. 4� ' ~. _____ TOTAL S 151,20310 Failure vm complete the above may result inthe Bid being declared non responsive. Company: — . May 19. 2O22 Signature: ----- ___�__� ua�.�_�� ___ FORM 7-BID BOND I 1 F KNOW ALL MEN BY THESE PRESENTS, that we Sacyr Construction USA LLC 3 f t Co a Ws su,l i swIe 510,Wm.FL).1,4S. (herein after called the Principal) and Berkshire Hathaway Specialty Insurance Company' , (herein called the Surety), a corporation chartered and existing under the laws of the State of Nebraska with its principal offices in the city of Omaha and authorized to do business in the State of Honda are held and firmly bound unto the Collier oust ,Boardof County Commissioners (hereinafter called the Owner),in the full and just sum of Five Percent of the Total Amount Bid dollars($ -r r: F," u,"ta'd j good and lawful money of the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally and firmly by these presents. .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 l00%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$3,( ,t}4t{ 5'5_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 tc°th day of May ,20 22 0i Sacyr Construction Principal BY .v,, c. • A442440 4%1(44 curl F 104 (Seal) �Elk..., .►''' sC:16.12t nee company navy Surety II (Seal) Countersigned N.`_ Appointed Producing Agent for Berkshire Hathaway Specialty Insurance Company ACKNOWLEDGEMENT OF CONTRACTOR• IF A CORPORATION STATE OFT 8n COUNTY OF ON THE 19th DAY OF May, 2022 BEFORE ME PERSONALLY APPEARED craict C¢ `�1 E ccatit'0 BE KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE 'RACt OF Sacyr 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. r ANA .•~p;U I CLAUDIA GUZMAN •( i.o COMMISSION#HN 25094 '• tea' ..',? off, EXP IRES:AprU I4,2428 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 19th DAY OF May, 2022 BEFORE ME PERSONALLY APPEARED Krystal 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 Company, 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. 47 Tti Notarpublic Ursula Jakublak A Notary Public of New Jersey My Commission Expires March 6,2026 1.4] Berkshire Hathaway Specialty Insurance 26874 Power Of Attorney i BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1 NATIONAL INDEMNITY COMPANY I NATIONAL LIABILITY&FIRE INSURANCE COMPANY .., Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under g and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor, Boston, Massachusetts in B 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 Krystal L strav_atea Kevin T.WalsliJr;,Tho_mas Macponai�aclyn Thomas,,too South Jefferson RNA,Spite g v SLI , ahem of Whf karm.Statez 4f New ,9ergev,their true and lawful attorney(s)-in-fact to make,execute,seal, acknowledge,and & s 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 bonds)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 rot ; and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY VI 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 Y Z authorized officer of the Company maybe 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 Te t any and all undertakings,bonds,or other such writings obligatory In the nature thereof,to which this Power of Attorney applies. G C a BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, i t v INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, g R aki ,...VP",iii""' 1.,11 By: By: di o David Fields,Executive Vice President David Fields,Vice President a '1 A. r_F�ytrifr,,i 'pEiNkjrq bF rtC/y�' 1' a4o�vo=q�'ti, p it`t//trr.A..4 y'i :'`+ �ro�,�,G i S'lirTY i f 7/'y. • 'O f c.g..�...r f ��, .i SEAL $o Slav" iS , f'sill!! & 3 SF id k A. ,�tr SEAL b'; sD ir�L•� c,:t=p ti`3p°N�cs c+s�. B. 4' I NOTARY • 8 State of Massachusetts,County of Suffolk,ss: B t 8 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, 4 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 '8 fi directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed 1► said instrument in that capacity of said Companies. E [Notary Seal) - - ' J� CiEOFPERY A.D£LiSIOid,rk._ 1 k v Notary Public o .4 Commonwealth of Massachusetts Idly Comm.Expires November 28,2024 Notary Public F I 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. r<Wfturrr i-, pEMHiy :=y sett�,;• rvon ti z `./a-e rF .^a so sc,': r .yam yt cP �1r i fo .oaf 'Z,C '.fir 1.: 7 5L-kETY 'e 'zirstRLTY� ;: •., ySOOif S %,* SFAE 4' SEAL, 21 t SEAL p'rt1,44►ss"'4E I,a il, •�c�f?: , tiN 7c,'t�' Officer BHSIC,NICO&NLF POA(2018) r•F,-`' . BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY(BYLAWS) I I F 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) 1 1 F BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street,Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS` 12/31/2020 12/31/2019 12/31/2018 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 D _ LIABILITIES & SURPLUS* 12/31/2020 12/31/2019 12/31/2018 Loss&loss exp,unpaid $ 921,923,948 $ 634,745,558 $ 463,103,223 Unearned premiums 372,836,160 314,117,649 241,835,588 All other liabilities 1,054,922,210 744,738,458 570,628,148 Total Liabilities 2,349,682,318 1,693,601,565 1,275,566,969 Total Policyholders'Surplus 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 NAIC and/or the laws of the company's domiciliary state. i1 F FORM 8-INSURANCE AND BONDING . ., ....... B 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 sell 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. Coveragetsi.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 required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage s{§1 and charge the Vendor for such coverages},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 coverageW purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageW shall in no way be construed to he 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 Certiftcatc(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. 11 F Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. >Z! Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Fedcraa Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that arc farmed as Sole Proprietorships shall not be required to provide a proof of exemption,An application for exemption can be obtained online at htt a j Pldt, 2. ►'.1 Employer's Liability $_1,000,000 single limit per occurrence 3. ►1 Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $ 10,000,000 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. /1 indemnification To the maximum extent permitted by Florida law, the Contractor-Vendor shall defend,indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor Vendor or anyone employed or utilized by the Contractor Vendor in the performance of this Agreement. 5. 1.4 Automobile Liability $ 10,000,000 Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned:'Hired; Automobile included 6. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shalt 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 $ Per claim& in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence ❑Cyber Liability $ Per Occurrence ❑Technology Errors&Omissions S Per Occurrence 7. ®Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit insurance Corporation. 8. Performance and For projects in excess of S200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the Stale of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide,published by A.M, Best Company, inc. of 75 Fulton Street,New York,New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 1 0 ® 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 he endorsed accordingly. 1 1 ►Z1 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. ® Thirty(30)Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is decried necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions reL,arding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GO 2.'2322 Revised 4:°l3:'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. C iiF P's Co r County 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 project(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 LLC Company Name Signature Enrique Alonso Zui iga,Authorized Representative � Print Name and Title State of County of M11' 'ii The forgoing instrument was acknowledged before me by means of l physical tresence or 0 online notarization, this 49 day of 41tt.. (month), 2,02.2._(year),by_ rs __._(name of person acknowledging). {Sig otary ubii -State of Florida)��, a (Print,Type,or Stamp Come Personally KnowiVOR Produced Identification ,� gym. t�`� �''p`�. CLAM GUZMAN If MY COMMISSION r NH 250994 %Type of Identification Produced ig:~ ° E>(RiftES' 10'2426 Cp�O IMF Co tier County Procurement Services Division FORM 10-VENDOR DECLARATION STATEMENT 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. 19day May 22 WE _.. .20 in IN WITNESS WHEREOF, have hereunto subscribed our names on this of the County of Miami-Dade ,in the State of Florida Firm's Legal Sacyr Construction USA LLC Name: Address: 3191 Coral Way-Suite 510 City,State,Zip Miami.FL,33145 Code: Florida M15000004810. Certificate of Authority Document Number Federal Tax 61-1753336 Identification Number 7E9G3 *CCR#or CAGE Code *Only if Grant Funded Telephone: 786 773 5847 Email: lcaparros@sacyr.com Signature by: Enrique Alonso ZuRiga (Typed and _ . written) Title: Authorized Representative Additional Contact Information 1 1 F 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 5847/305 632 5106 Email: ccferreira@sacyr.com Office servicing Cdlier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Erna!: Secondary Contact for Jose Maria Caparros this Solicitation: Email: japarros@sacyr.com Phone: 786 773 5847/786 615 8378 G Co per County F Procurement Services Divison FORM 11-IMMIGRATION 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 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))that it is aware of and in compliance with the requirements set forth in Florida Statutes 1$448.095,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 Zuniga,Authorized Representative Print Name and Title State of INDf t County ofM+- The foregoing instrument was acknowledged before� me by means of 4hysical presence or© online notarization, this in day of t (month),V ,_(year),by f3 l�_ r.._.. . _ (name of person acknowledging). (Signature 'otary Publ State of Florida) ek-AqtklA 6trilYa.0 / (Print,Type,or Stamp Personally Know OR Produced IdentificationDIA GU AM !* '*F MAY COMMISSION#HH 250994 3;—`i. EXPIRES:Apil 10,2026 Type of Identification Produced •..q;!;t°•� , I 1 F 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 h. Construction services agreement c. Purchase order terms and conditions 8. Ail of the following bid forms have been completed and signed: a. Bid Form(Form 1) b. Contractors Key Personnel(Form 2) c. Material Manufacturers(Form 3) d. List of Major Subcontractors(Form 4) e. Statement of Experience(Form 5) f Trench Safety Act(Form 6) g. Bid Bond Form(Form 7) h Insurance and Bonding Requirements(Form 8) i. Conflict of Interest Affidavit(Form 9) j. Vendor Declaration Statement(Form 10) k. Immigration Law Affidavit Certification(Form 11)MUST be signed and attached with your submittal or you MAY be DEEMED NON-RESPONSIVE 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(myfloridalicense.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. G rah Company ID Number: 1319559 I 1 F 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 V .... Sri ��t 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 OHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List 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 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination 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 C f ;,c � ' CIVIC! Company ID Number: 1319559 I 1 F 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 II.B 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(I)) 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 not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verily � :r a ;� „`�' ." i1 F 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 OHS 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 274E of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 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-Verifyna 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 C Q,CsI E-Verily : :4r Company ID Number: 1319559 ! 1 F 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 OHS, 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 ify '1 r.Vothilt�, Company ID Number: 1319559 1 1 F 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: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or 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 E-Verilfy „.,„ Company ID Number: 1319559 1 1 F 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 OHS 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 awl �p Hll1 Company ID Number: 1319559 1 1 F b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of OHS representatives to be contacted during the E-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 OHS, 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, OHS 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. OHS 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. OHS 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. OHS 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. OHS agrees to provide a means of secondary verification (including updating OHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides 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 Oa Rxu „y,t E.... Company ID Number: 1319559 I 1 F 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 ,,,,,, - ...; er i _ '\A: r`^ 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 . E .. _ en , „ ,,,„t„,„ Company ID Number: 1319559 ; i 1 F 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 OHS 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 OHS, 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 OHS, 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 OHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1319559 1111 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 Revision Date 06/01/13 C 'E AIN � [ilia 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 . VeriFy a� AO 1 1 F 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 237 Classification Systems Code 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 Ever NO r ;0). ; 1111111. 1106 F 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 C 1•6, Ever,.r vfir.,>* 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 ���� ..... E rify ,,,„.,, ::„.„,,,,„ .,,,,„,„,,, ...„,,,,,,,„,,,,1 i F- Company ID Number: 1319559 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 tiF Sacyr's Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) F. 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 4r t p,- ¢k . *1414W ....... th 1 ` .S'eeretary of State Tracking Number: 6250379627CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfstatUs/CertificateAuthentication 6/20/22, 12:13 PM Detail by Entity Name DIVISION or CORPORATIONS t 1 f sbrg c _?i? r✓ _ r...1 I ..„J I 1 F .•. .�., r . . _., rr, r err ltfs; rr Deparimentof State / Division of Corporations / Search Records / Search by Entity 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 Person(s)Detail Name&Address Title Authorized Representative https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=SACYRC... 1/2 6/20/22, 12:13 PM Detail by Entity Name de Lara Garay, Eduardo Javier 1 1 F 3191 CORAL WAY Ste 510 MIAMI, FL 33145 Title AUTHORIZED REPRESENTATIVE ZUNIGA, ENRIQUE ALONSO 3191 CORAL WAY STE 510 MIAMI, FL 33145 Title Authorized Representative Ferreira, Carlos Cristovao 3191 CORAL WAY Ste 510 MIAMI, FL 33145 Annual Reports Report Year Filed Date 2021 03/28/2021 2021 05/11/2021 2022 05/01/2022 Document Imaggs 05/01/2022--ANNUAL REPORT View image in PDF format __._...........................................__._...................................................................; 06/15/2021--AMENDED ANNUAL REPORT View image in PDF format 05/11/2021—AMENDED ANNUAL REPORT View image in PDF format 03/28/2021--ANNUAL REPORT View image in PDF format 06/30/2020--ANNUAL REPORT View image in PDF format 00/24/2020--CORLCRACHG View image in PDF format 06/05/2020--CORLCRACHG View image in PDF format 04/24/2019--ANNUAL REPORT View image in PDF format 10/03/2016--AMENDED ANNUAL REPORT View image in PDF format • 04/30/2018--ANNUAL REPORT View image in PDF format 05/08/2017--ANNUAL REPORT View image in PDF format 04/29/2016--ANNUAL REPORT View image in PDF format 06/18/2015--Foreign Limited View image in PDF format 111 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=SACYRC... 2/2 h F NI „1/4) CZ 0 0 0 Z O C Iw I v; of., W Q = +� GC O w w °�' cu m J O H D Q CO Z D o In D Z p cu I Nu CU Z w n U p a; N Q J c O u < W Z _ 0 Q Ln CO M J c p W w C N cn d- ra I— (.) U 0 g D c-1 ir) as0 ccJ W 0 cn - Z Q i V o �. 5. 0 C7 C7 c LL p ce w co .�i[i9 ,ON LL U Q ,n Q VG E I— ce Dcew w U o O Q pF. ? " > � u � Q 0 W p # Z " N _ D o o :c > I— u) Z �O Q 1 p Q ir O oN Z Z �, CZ Q W Q2 —J uM Q N O o U V) Z Z IL 'Ski i >- 2 w H u o V Z ,, x > = �'�' J 0 ,��` w > N Occ �� :x . . 3 +' W Z L7 = u 0 w V ~ j. N v a v) o W H 0 ooSE9�_ p 4Y au q T it k : r f sill 9 1r i • • i ....... ........ 4.7 ill- z' Z w 0 H I Z v J ra a) W Q w LL w Q1 a.) J E— = coCe D o 0 000 w I z 0 ZU " � N E a.) <cn F- 0 ' � C u . , V) Q J ` , o a W W w — CQn dam' N C 0 Uji,aA oacxco ' Jw VIA a) L V' ; If) .t ! 1 � pcZww • ro u o WZN F t OiQI_ co H �_ c LU n p o I— to Z U < O � L al Z Q W w = _ Ia U cr) Q UFO c �; L 0 I— Z Z a' `a U) Oczs O — U W � 0 — > > Q o 03 cn Q cn —i a p Ca V � z � X = LL. D p O 4 W 0 GC 0 v) Q o Zl' Z 5 Q aii cn D O W Z O o ca Q o . c LE 0 0 = o�i �4' � A 6 , (..4 r 5r:ikil'irY4:1.S.71 1'.,..Z i,..,° . . �1G? i 16,E# ! � ;tip �%� ••.frF2. 4a 9 0- CI ,, D Sacyr's W-9 Form Gam' For, W-9 Request for Taxpayer Give Forl toL (Rev October 2018: Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FonnW9 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 8usine';.t name/disregarded entity name. f different from above c7 3 Check appropriate box fur federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to c following seven boxes. certain entities,not individuals;see rcri zL instructions on page 3): o ❑ Individual/sote proprietor or ❑ C Corporation ❑ S Corporation ] Partnership .i Trust/estate sing e-member LLC Exempt payee code(it any) • 0 ' ❑ Limited liab'lity company.Enter the tax classification(C=C corporat on,S=S corporation P=Partnership)► C p 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 i 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) 'c another t.LC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single member LLC that Q. U is disregarded from the owner should check the appropriate box for the tax classification of its owner. ca. ffi ❑ Other(see instructions)P. (Apples re accounts maintained outside The US.) in o" 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) ra 3191 CORAL WAY SUITE 510 6 City,state,and Z3P code MIAMI, FL 33145 7 List account number(si here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box,The TIN provided must match the name given on line 1 to avoid [Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - - entities,it is your employer identification number(EIN). If you do not have a number,see How to get a TIN,later. Dr 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 7 5 3 3 3 6 laM Certification 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.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 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 II,later. S _ere U.S.person► f �.�1 .« Date II,' t 12 2-7 Z. f 9 i f General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sates and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev 10-2018) 1 1 F EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Joe Cothran Construction Superintendent Faraz Alavi Project Manager 10 Construction Services Agreement: [2022_ver.3] • 411111 1 1 F • 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 Project# 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. Sin�,-rel K0 .0 Attorney-in-Fact AMERICAN GLOBAL LLC 100 SOUTH JEFFERSON ROAD, SUITE 101,WHIPPANY, NJ 07981 +1.862.777.8190 WWW.AMERICANGLOBAL.COM 1 1 F EXHIBIT B-1: PUBLIC PAYMENT BOND ITB#22-7976 Bond No.47SUR-300162-01-0011 Berkshire Hathaway Specialty Insurance Company Bond NO. Bond No.015212869 IJBery Mutual Insurance Company Bond No.K41583567 Federal Insurance Company Bond No.8n31Mwt5 Untied States Fire Insurance 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 Specially Insurance Company;uEeM Mutual Inwrance Company,Federal Inwrence Company and Untied States Fire Insurance Company , as Surety, located at 1314 Douglas Street,Sure 1400,Omaha,NE 68102-1944,175 Berkeley Street,Boston,MA 02116;2029 HaIl's Mill Road.Whitehouse Station,NJ 08889;305 Madison Avenue,Morristown,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 I?day of aAJ l 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 under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 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.31 1 1 F Signed, sealed and delivered • in the pres PRINCIPAL Sacyr Construction USA LLC GrtSfiina. CIA.C_erES B� (JLkEL Witnesse to Principal NAME:trig akiC ALctt4 iif yieu4!(CALLO,Sce:S ovik0 ftagiteil ITS: At,rrt-OtZi RE •w iv_s • STATE OF j L4X% COUNTY OF MiA-rrit - b�Ot The foregoing instrument was ackn ledged before m by means of RI/Physical physical presence �f ❑ onli*e notarization, thi oere-. '�days o 0 � b ,ems, . we. of �. �c'6i a ere-., a corporation, on behalf •f the corporation. i1 -he is (personally known to me /OR has produced as i ntification and did (did not) take an oath. My Commission Expires: /t9:9.4.TO ( i re of LNotary Public) ', /i�'•:�p NAME: ZA�-C Z— cGC�t! MM ?�z = i , : I (Legibly Printed) 2026 (AFFIX OFFICIAL ` ��;,. ,GFFLOCfat- k 'er �1 './' Notary Public, State of /0 n 40 • �" ?;°a Commission No.: a _� '`aZi 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, 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 to Surety (Printed Name) 12 Construction Services Agreement:[2022_ver.3) � I I 1 F° 1 OR • , 1� is William A Drayton Jr.,witness as to S rety $rA rney in Fact / 1y'� ,Y (Attach Power of Attorney) irk2A4,4t / / tik./ Krystal L.Stravato,Attorney-In-Fact Witnesses (Printed Name) Mensol Mojica,witness as to Surety — 900 S Pine Island Road,Suite 210 Plantation,FL 33324 (Business Address) (305)351-9150 (Telephone Number) • STATE OF NEW JERSEY COUNTY OF MORRIS The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this 28th day of June , 2022 , by Krystal L.Stravato , as Attorney-In-Fact ofred�,h���.,hawaYSPa a„��.n ,���.��mtt:41 Mecomoa�Y corporation, on FedeJaime�,,ocecompenyxnduneeesa�eeFo-emsaancecomnany , a 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: [� Sandy S.Jemee-8rownS (Signat f Notary Pu lic) Notary Public State of New Jersey My commission expires September IL 2028 Name: Sandy S.James-Browne,Notary Public (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: New Jersey Commission No.: 2349824 • 1 13 Construction Services Agreement:(2022_ver.3] r,,jt) E is q Berkshire Hathaway 47-5 U R-300162-01-0011 Specialty Insurance 1 i Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY _ E Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under i a and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor, Boston, Massachusetts ui `o 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 . m r: 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, ° n constitute and appoint:Marisol Moiica,Kevin T.Walsh,Jr.,Thomas MacDonald,Krystal L.Stravato,Jaclyn Thomas,100 South e o 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 .ki` such writings obligatory in the nature thereof,in pursuance of these presents,the execution of which shall be as binding upon the ; fob�a a office rs in their own proper persons.This authority xi for the Attorney-in-Fact shall be limited to the execution of the attached bond(s)or other such writings obligatory in the nature E thereof. 1'ti m o' In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of y,O A the Companies have been affixed hereto this date of December 20,2018.This Power of Attorney is made and executed pursuant to m,, and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY 3 INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, which are in • e full force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following signature by an = O E authorized officer of the Company may be a facsimile,which shall be deemed the equivalent of and constitute the written signature of 12 ¢ such officer of the Company for all purposes regarding this Power of Attorney,including satisfaction of any signature requirements on u a E any and all undertakings,bonds,or other such writings obligatory in the nature thereof,to which this Power of Attorney applies. a czLia '76 v 3 °' A BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, r• a ' 3.INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, o x ig N • m x T. m • 4 By: By: 0 E David Fields,Executive Vice President David Fields,Vice President tt P,veci,4(y,III .-- c tMN/r',i1 r 1,f1R.f.W 111 p i,.P.l�`soHPOkt.+,Gii �v,,.�•t PGRq�nfll % :pro O Rqf L.p'11� a 5.] ..1 SuREtYY z,, f 2 SUREfY• 'f°i ; i_2�SL'RETY n ., SEAL ,; 501 SF1L ,+`�� �4 SEAL; a ' ii,N etlia '40� i'll4,'•igy�HfOiN"i. 1,V.;S':NECt:C:,+a�°, i . 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NOTARY 'S s 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 '' e INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, o 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 a directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed ' = E said instrument in that capacity of said Companies. / VI 1 [Notary Seal] ��)� ��) a '� GEOFFERY A.DELISIO � � 5 ' : Notary Public d P : '\i .Commonwealth of Massachusetts `gam, g My Comm.Expires November Notary Public o # a I— CO I- 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. _" •-,'•i"' GIB iv;':�P Pf R4�r 111 rOPPO Rgi.;;9 ii, /lam' t SLREfYf z z SURETY 3i <`�SLRETY m: SEAL SEAL SEAL "" 'ids onS �#e�i�•I �:ai 4...o 0 Officer 'i�''+:64,4S'1.ai i' '1 '.�'17'', : i,1b>tP.EC...�.;/./i BHSIC,NICO&NLF POA(2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY(BYLAWS) ARTICLE V. F 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 1 1 F. bind the Company except in the manner and to the extent herein stated. 1.g.k.,' , Liberty Liberty Mutual Insurance Company ri ` Mutual.® The Ohio Casualty Insurance Company Certificate No:8207604-985316 West American Insurance Company SURETY POWER OF ATTORNEY 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 . Liberty Mutual Insurance Company JP�,RNQ U,._ JPvti INSU P, 114SU,pq The Ohio Casualty Insurance Company °° R'r y c°"P 'tr�Z °°"POR4r+ West American Insurance Company J 3 Fo m Q 3 Fo c+ r Fo co P Y 1912 m c 1919 1991 N �' 141,4 y �°'S� S=�y �4' O Q O I / N o dV1 34CHU5 •da O NAMPsa a� Y /N°IANP D� �yfi r C' N O c e,7 * f,� NYyl * *aa s�M * F�a By: •L c.� cv David M.Carey,Assistant Secretary cr= `r co State of PENNSYLVANIA c 2 co County of MONTGOMERY SS .� 0 3 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 3 a) ro 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 SE"Q _a)_ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >g al cts cY c 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. Q •rn CO o �' St' PAST a O ` Q� oew Fe Commonwealth of Pennsylvania-Notary Seal "_ aj O to(o 'i v Teresa Pastella,Notary Public 4)03 o N OF Montgomery County ��y s�� ` My commission expires March 28,2025 By: t 4-(-C Z-(1) IJ 0 COCO �Q' Commission number 1126044 L 0)CD N LV? 4., Member,Pennsylvania Association of Notaries eresa Pastella,Notary Public Q O 03N aqy �v 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 E•E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o CV ARTICLE IV—OFFICERS:Section 12.Power of Attorney. a°`moo 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 o President mayprescribe,shall appoint such attorneys-in-fact,as be to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m C° PPmay necessary p any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall-o 3 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 a)Z 0instruments 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 ca 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. n LL 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 attorneys-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 attorneys-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 . v,1NSU NZY INsv ,tx%NSW?. 0 0 3 Fo co `✓ 1912 0 o_L 1919 ry o Q 1991 0 �, y,.,, d) 4cHus--.da y°,0.4mv��b 'N°IANP• a By• 9,? * 0 ''y1 * 0- s�M * gad Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 CHUBB' a 1 F 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 6thday of April,2022. 1. l:Jt kr tJ ,e Dawn NI.Chives,Assistant Secretary Stephen M.Haney,Vice President a ) figioi (a) o . 1» 10- STATE OF NEW JERSEY County of Hunterdon SS. On this 6th 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 'q .�A�r�y NOTARY PURC JERSEY OF NEW JERS (� No.2316685 P( C IBL1 Commission Expires July 16,2024 .,.. Notary Publle JERgtA 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,undertakings,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 CA) 11011-11. (6. EmsouY Dawn!I.Chloros.As titan t Secretor? 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 I 1 F 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 STATESs FIRE INSURANCE COMPANY 'r~N° �vSL� .41 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.D'AL.ESSIO NOTARY FU61.{C CF NEW JERSEY Commission Ix 80125833 My Commission Egirss 4n/2025 44 a 1464 ' 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 20 22. UNITED STATES FIRE INSURANCE COMPANY y*),_ am% jcr Michael C.Fay,Senior Vice President 1 1 F 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. 11F � Liberty LIBERTY MUTUAL INSURANCE COMPANY /� ` Mutual® FINANCIAL STATEMENT—DECEMBER 31,2021 SURETY Assets 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 Special Surplus Funds $178,192,363 Other Admitted Assets 14,076,622,575 Capital Stock 10,000,075 Paid in Surplus 11,804,736,755 Unassigned Surplus 10,056,686,874 Total Admitted Assets $65.530.745.401 Surplus to Policyholders 22,049,616,067 Total Liabilities and Surplus S65,530,745,401 INSU J1' oRPoggl'1'c� * Bonds are stated at amortized or investment value;Stocks at Association Market Values. a 1912 °� The foregoing financial information is taken from Liberty Mutual Insurance Company's fmancial 6%i"SSgcHus 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 8th day of March,2022. • Assistant Secretary S-1262LMIC/a 3/22 11 F `' FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS,LIABIUTIE3 AND SURPLUS TO POUCYHOLDERS Statutory Basis December 31,2021 (in thousands) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Tem)Investments $ (587,306) Outstanding Losses and Loss Expenses $ 8,701,383 United States Government,State Reinsurance Payable on Losses and Expenses 1,484,198 and Municipal Bonds 4,271,534 Unearned Premiums 2,400,711 Other Bonds 5,994,873 Ceded Reinsurance Premiums Payable 368,332 Stocks 875.588 Other Liabilities 488,472 Other Invested Assets 1,847,712 TOTAL INVESTMENTS 12,022,201 TOTAL LIABILITIES 13,451,094 Investments in Affiliates: Capital Stock 20,980 Great Northern Ins.Co. 414,838 Paid-In Surplus 2,711,474 Vigilant Ins.Co. 354,698 Unassigned Funds 1,903,522 Chubb Indemnity Ins.Co. 183,242 Chubb National Ins.Co. 190,801 SURPLUS TO POUCYHOLDERS 4,835,978 Other Affiliates 116,373 Premiums Receivable 1,726,853 Other Assets 3,078,466 TOTAL UABILITIES AND TOTAL ADMITTED ASSETS $ 18 087,070_ SURPLUS 518.087,070 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.At December 31,2021, investments with a carrying value of$509,085,182 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor,being duty sworn,says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statementne� of the said Company's financial condition as of the 31 st day of December,2021 Sworn before MQcc1_ V 1 20Z G— for rest nt otary u commission expires Commonwealth of Pennsylvania-Notary Seat Jaime L.Yates,Notary Public Philadelphia County My commission expires September 19,2023 Commission number 135707D Member,Pennsylvania Association of Notaries UNITED STATES FIRE INSURANCE COMPANY 1209 ORANGE STREET,WILMINGTON,DELAWARE 19801 t 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 Mortgage Loans(Market Value) 446,047,113 Cash,Cash Equivalents,and Short Term Investments 1,184,428,501 Derivatives 8,536,548 Other Invested 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 Net Deferred Tax Asset 160,701,318 Electronic Data Processing Equipment 2,011,585 Receivables from Parent,Subsidiaries and Affiliates 114,953,836 Other Assets 97,519,676 TOTAL ASSETS $ 5,403,295,228 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 Unearned Premiums 845,288,567 Advance Premium 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 Other Liabilities 41,952,278 TOTAL LIABILITIES $ 3,549,946,293 Common Capital 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 LIABILITIES,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 11F4 EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB# 22-7976 Bond No.47-SUR-300162-01-0011 Berkshire Hathaway Specialty Insurance Company `' Bond No.01 5 21 2 6 60 Lberry Mutual Insurance Company Bond No.Bond No 6131035665United IStatesOrre nsurance 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 Berksnpe Hathaway spenally Insurance Company LlbeOo Mutual Insurance Company: Federal Insurance Company and Untied Slates Flre Insurance Company , as Surety, located at 1314 p0u61as Street.Suite 1400,Omaha.NE 66102-1844.1)5 Be,oeley Sheet.Boston,MA 02116.2028 Hall's Mill Road.Wlr,Iehcuse Station.NJ 06669.305 Madison Avenue.Mornstown,NJ 07000 (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 bond 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 U l� 20 aa.- , 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: 1. 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] (`�, t t�- tiF Signed, s aled and delivered in the p s of: PRINCIPAL ` Sacyr Construction USA LLC a., CAS . e i3. -‘4 -- (I Witness s to Principal NAME: Ft•112*.tt311tc A1.04,10 q:t tGk I CalAS(146004 -1436RA. ITS: p to2'aR:D t-Ecen1TKi►v- S STATE OF "FI..Ou-t`c _ COUNTY OF M�Pttvx+ - � Th7,,„..6 e foregoing instrument was ac ny�yvledged before m- by means of © physical presen a or 0 ?lL4 2 Y online n t rizatio�l, this •ay of of tiIRMILMILI si tri a J' corporation, on behalf df the corporation. He/she is personally known to . m OR has produced as id tifica ion and did (did not) take an oath. My Commission E44mµa�4"'' ' (Signe f Notary Public) /G ��' C yea Name: G�:J� ICI Z V `� OMISSION 20� (Legibly rinted) EXPIRES 3-24- � I �crz�t�q NotaryPublic, Stag pf:��� 3 (AFFIX OFFI •••gL) :titi.' tt y sOFrr�,•.••,�2��� Commission No.. ��aaaa.nn1.:;;;; - 4t ; �. 15 Construction Services Agreement:[2022_ver.3] Eic, (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 (Printed Name) OR William A Drayton Jr.,witness as to Surety me in Fact (Attach Power of Attorney) 1 :0 /n r,&_2 Krystal L.Stravato,Attorney-In-Fact Witnesses (Printed Name) Marisol Mojica,witness as to Surety 900 S Pine Island Road,Suite 210 Plantation,FL 33324 (Business Address) (305)351-9150 (Telephone Number) STATE OF NEW JERSEY COUNTY OF MORRIS The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online notarization, this 28th day of June 20 22 , by • Krystal L.Stravato , as Attornev-Irt-Fact ofFedWeHrrserrceC5peiarylnaunnttCompanylih;MMCorrrp,rry empany a Nebraska;Massachusetts;Indiana and Delaware corporation, on Federal a Hath,e Companyy In uranc Stlte;Fir;Insurance Company , 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: (Signatu of Notary Public) t,lames-Browne �� Sandy S.James-Browne,Notary Public Notary Public State of New Jersey (Legibly Printed) My NlroMssion expires September 19,2026 (AFFIX OFFICIAL SEAL) Notary Public, State of: New Jersey Commission No.: 2349824 16 Construction Services Agreement:[2022 ver.3] A-13j N B Berkshire Hathaway 47-S U R-300162-01-0011 Specialty Insurance I F Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY = ''1 E Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under i y and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor, Boston, Massachusetts v 8 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 m under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford,Connecticut N S 06902(hereinafter collectively the"Companies"), pursuant to and by the authority granted as set forth herein,do hereby name, 0 E constitute and appoint:Marisol Moiica,Kevin T.Walsh,Jr.,Thomas MacDonald,Krvstal L.Stravato,Jaclyn Thomas,100 South ' 9 Jefferson Road,Suite 101, of the city of Whippany,State of New Jersey their true and lawful attorney(s)-in-fact to make,execute, a ° seal, acknowledge,and deliver, for and on their behalf as surety and as their act and deed,any and all undertakings,bonds,or other 3 w such writings obligatory in the nature thereof,in pursuance of these presents,the execution of which shall be as binding upon the a y Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons.This authority E W 1 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. Ix 7 ' O In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of a s the Companies have been affixed hereto this date of December 20,2018.This Power of Attorney is made and executed pursuant to a and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY , 4 8 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 w 0 E authorized officer of the Company may be a facsimile,which shall be deemed the equivalent of and constitute the written signature of ;E Q such officer of the Company for all purposes regarding this Power of Attorney,including satisfaction of any signature requirements on v o w any and all undertakings,bonds,or other such writings obligatory in the nature thereof,to which this Power of Attorney applies. ex e ", I3 E BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, r ° i' v INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, c y ,, ,„. .. c.,.., . ,...,,st'jI . ,,. ____ __ to By: By: .2 A 1 David Fields,Executive Vice President David Fields,Vice President 4 ff i. *,gpEGAlTY��'11 C�-EmN„.'hi ?+&T.t.Fryst,t "pp g ... 14°!: � I'V i �.2'.4'p n11' �.��0?-',1R,��;.G.p 111 yG �! SURETY.."‘ ie:i. :..pl ai4 izl 3 i S ]2 i z Stikrr O i;� i¢: st:kETY ri/i N `CLa ;I SEAL tP t O. SEAL fay %J' SEAL �; i. e •54, t• �: 1 r ♦ y r i�•'� �' ,Qi�i.ry`�BR Nam✓.J1�: '.d+.<!lf2.,.vr: .120k.4'NEct?,4.,$.- 1N 04 ti.. CU NOTARY .,. cc State of Massachusetts,County of Suffolk,ss: 8 On this 20th day of December,2018,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY o ' i INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, g 8 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 y F a a. directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed • = E said instrument in that capacity of said Companies. 2 u [Notary Seal] GEOFFERY - ���� /� N A.DEUSIO /y s ' . .../.. w / Notary Public i6- " \•/.Commonwealth of Massachusetts g �g My Comm.Expires November 29,2024 Notary Public m O 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. --�gUA/ry4t1 _V.EM.17,t _=htRE 14s4,t r�aPOR��'YJ`,, ��.,',PG4`,11 .\•1.. aR;,L 1 :(/ $ , fir, ♦ `w.0l dic "f\7Z� -,S ...,.. z S $z:-SURETY°'i; <` Sl RETY n y 'w SEAL 4 s O t SEAL :m SE.1L n� a ti�„�.� $`'e.'�r ♦ c.'ri.2 ; 1`•'o \t,5�o, Officer 1.4•:-e•-4.---.yap / 111 'y•.�N,t,t,.-r_ 1p 4tNEC_ {s3 >r AN r 1q` t r 11'l,'N t FN, BHSIC,NICO&NLF POA(2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY(BYLAWS) 1 1 F 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) n 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. •v L Liberty rr Liberty Mutual Insurance Company /A/` mutual. The Ohio Casualty Insurance Company Certificate No:8207604-985316 West American Insurance Company SURETY POWER OF ATTORNEY 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 . Liberty Mutual Insurance Company Pv 1NSUg4 P,11 INSU %NSW? The Ohio Casualty Insurance Company AJ c°aPo�r y.' c c°RP°R'4; VP owP°ki, y West American Insurance Com an . 3 Fo m Q 3 Fo*0, c r° Fo A% Company vi ; 1912s. go l0 1919 0 1' 1991 0 : v, ui Q o rd4). 4cHos�At, Z0,NAMPSax b `! /NDIANP a 44/7'/Z d U. // '� U. �h * >� �H1 * �� SUM + >�a By' co David M.Carey,Assistant Secretary cr c }' cu State of PENNSYLVANIA c.. N rn County of MONTGOMERY SS •c E 0 o = 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 coi aa) ` co 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 4 +al> 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. Q M rn O o m rya PasTF a O i Q, -,yoNwe� Commonwealth of Pennsylvania-Notary Seal 2 dj O e o' , ( Teresa Pastella,Notary Public a)N O y OF Montgomery County i C My commission expires March 28,2025 By• o N �P Commission number 1126044 N y VP .G Member,Pennsylvania Association of Notanes eresa Pastella,Notary Public Q o -C 2 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 E•S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o N L a? ARTICLE IV—OFFICERS:Section 12.Power of Attorney. a� 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--0 o President mayprescribe,shall appoint such attorneys-in-fact,as be to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m co 7c PPmay necessary p co c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall v 2 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 m 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 Cn 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. ci n 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 attorneys-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 attorneys-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,t1 INs& a 1NSUrp j*oavoR4royrm Q 2Gov•P°N):Pgy ciP. o3POR4,1+0 U o m _ ° R `*� 1912 0 _ 1919 )• �y o O : v, 0 s 1991 0 ~d�'SS4CNUS�1<ai,' SO NAMPsa�a� `( 4NDIANP A' .... ei7 * *�' 'y1 * *Nd sdM * tidd Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02r21 CHUBB 1 F 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 �eeaach executed and attested these presents and affixed their corporate seals on this 6th day of April,2022. p Ltivrn\l.atoms,. tsistant Sccretary Stephen NI.Ramey.Vice President (4t9 IA �i,. ti) ; ora r.: STATE OF NEW JERSEY County of Hunterdon SS. On this 6th 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 ; . `TM!-! !CATHERINE J.ADEL4AR 12 /. NOTARY PUBLIC OF NEW JERSEY plfB No. 316685 LiC 'JERK Commission lor'Expires July 16,2024 No,ary 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,undertakings,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 *tilob e *4 se) ic-30.100,cva\isoluy r a Dawn 1I.Chloros.As.istant 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 1 1 F 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.D'ALESSIO NOTARY PUBLIC OF NEW JERSEY Commission# 50126833 My Commission Expires 4/712025 /h'IGIA 19 4140-v4461-' 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 7)22. UNITED STATES FIRE INSURANCE COMPANY P7eQ.,S\ /C4C4 Michael C.Fay,Senior Vice President h l F 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. rr 'it Liberty LIBERTY MUTUAL INSURANCE COMPANY Mutual. FINANCIAL STATEMENT—DECEMBER 31,2021 SURETY Assets 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 Special Surplus Funds $178,192,363 Other Admitted Assets 14,076,622,575 Capital Stock 10,000,075 Paid in Surplus 11,804,736,755 Unassigned Surplus 10,056,686,874 Total Admitted Assets S6S.530.745,401 Surplus to Policyholders 22,049,616,067 Total Liabilities and Surplus 565,530,745,401 JP�IN S U/7 J1 pRPo/?4,:c�F) * Bonds are stated at amortized or investment value;Stocks at Association Market Values. 1912 2 The foregoing fmancial information is taken from Liberty Mutual Insurance Company's financial 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 8th day of March,2022. Assistant Secretary S-1262LMIC/a 3/22 I 1 F 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 Tenn Investments S (587,308) Outstanding Losses and Loss Expenses $ 8 701 383 United States Government,State Reinsurance Payable on Losses and Expenses 1,484,198 and Municipal Bonds 4,271,534 Unearned Premiums 2,400,711 Other Bonds 5,994,873 Ceded Reinsurance Premiums Payable 368,332 Stocks 675.588 Other Liabilities 498,472 Other Invested Asseb 1,847,712 TOTAL INVESTMENTS 12,022,201 TOTAL LIABILITIES 13,451,094 Investments in Affiliates: Capital Stock 20,980 Great Northern Ins.Co. 414,638 Paid-In Surplus 2,711,474 Vigilant Ins.Co. 354,898 Unassigned Funds 1,903.522 Chubb Indemnity Ins.Co. 183,242 Chubb National Ins.Co. 190,801 SURPLUS TO POLICYHOLDERS 4,635,976 Other Affiliates 118,373 Premiums Receivable 1,726,653 Other Assets 3,078,486 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS S 18.087,070 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 S509,085,162 were deposited with government authorities as required by law STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor,being duty sworn,says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is a true and coned statement�}e� of the said Company's financial condition as of the 31 st day of December,2021. Sworn before ._ tV\acCI Ito 202'L for ti'-rest.>nt .421fAlebuy u commission pi Commonwealth of Pennsylvania-Notary Seel Jaime L.Yates.Notary Public Philadelphia County My commission expires September 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 Mortgage Loans(Market Value) 446,047,113 Cash,Cash Equivalents,and Short Term Investments 1,184,428,501 Derivatives 8,536,548 Other Invested Assets 336,487,236 Investment Income Due and Accrued I0,016,168 Premiums and Considerations 431,207,743 Amounts Recoverable from Reinsurers 68,151,803 Funds Held by or Deposited with Reinsured Companies 29,595,868 Net Deferred Tax Asset 160,701,318 Electronic Data Processing Equipment 2,011,585 Receivables from Parent,Subsidiaries and Affiliates 114,953,836 Other Assets 97,519,676 TOTAL ASSETS $ 5,403,295,228 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 Unearned Premiums 845,288,567 Advance Premium 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 Other Liabilities 41,952,278 TOTAL LIABILITIES $ 3,549,946,293 Common Capital 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 LIABILITIES,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. G 7) 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 1 1 F '. 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] CAO $ 1'•F 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-3] 18 Construction Services Agreement: [2022_ver CAO ♦ f EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material- men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between to Contractor and Owner, dated ,20 for the period from .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. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of D physical presence or ❑ online notarization, this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 19 Construction Services Agreement: [2022_ver.3] iiF EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name & Payment Application No. Address: 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 $ Retainage @ 5% through [Insert $ [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued 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: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 20 Construction Services Agreement:[2022_ver.3) 11F 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 SINCE DATE PERIOD TO DATE ; a �` of i „eflid Mk,y, '"st t f, i = ,.r... , .11:MeMeltal 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 I F (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 i1F EXHIBIT E: CHANGE ORDER Procurement Services Co ieY County Change Order Form ❑Contract Modification ❑Work Order Modification Contract#: Change#: Purchase Order#: Project#: Contractor/Firm Name: Contract/Project: Project Manager Name: Division Name: DollarOriginal Contract/Work Order Amount Original BCC Approval Date;Agenda Item# Current BCC Apprmed Amount Last BCC Approval Date; Agenda Item# Current Contract/VVork Order Amount SAP Contract Expiration Date(Master) Change #DIV/0! ChangeTotal Original Revised • • ,- $ 0.00 #DIV/0! • Approved Amount $ 0.00 #DIV/0! Change from Current Amount LCompletion 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 D 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 change is not processed. Attach additional information from the Design 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) .,.. rsis Kfl3Rfe eT USE taut ar.El 4,stS F�?1 k n5 zm� �r may regime e es) dwu?;> 7�s incision on xriea.c,o ,at ... i i 23 Construction Services Agreement:[2022_ver.3j_1 '7 1 1 F Change Order/Amendment Summary COST TIME CO# AMD# Description Additive Deductive Days New Justification u 0 Added Amount Rte,isesl:01 1412021 (Divisions Wtio troy fetwire additional signatures may iniiiixde on separate.sheet.) PROCUREMENT U',..E.:Dkii,` I iVC rii ar e................_' ............_ .ry r .1 24 Construction Services Agreement: [2022_ver.3 1 1 F EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR: Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents 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] 1iF 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 , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 26 Construction Services Agreement: [2022_vec: tom/ � 1F EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name &Title) By Design Professional: (Firm Name) (Signature) (Typed Name &Title) By Owner: (Department Name) (Signature) (Name &Title) 27 Construction Services Agreement:[2022_ver.31_-- 'CAO f 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] 1 1 F 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] 11F *I 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] � iF 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] 1 1 F 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] 1 I F 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] • i1F 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] 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: PublicRecordRequest(ccolliercountvfl.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] �1 Y 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] I F 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] i 1 F 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]