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Agenda 11/08/2022 Item #11D (Awarding Construction ITB #22-7965R the Golden Gate City Transmission Water Main Improvements -Phase 2 to DBE Management, LLC d/b/a DBE Utiltiy Services)
11 /08/2022 EXECUTIVE SUMMARY Recommendation to award Construction Invitation to Bid (ITB) No. 22-7965R, "Golden Gate City Transmission Water Main Improvements - Phase 2" to D.B.E. Management, LLC, d/b/a DBE Utility Services, in the amount of $6,737,736 and authorize the Chairman to sign the attached Agreement. (Project 70253 and 51029) OBJECTIVE: To provide potable water to serve new customers in the future and continue to meet demand, stay in compliance, maintain reliability and sustainability efficiently by constructing a new transmission potable water system within Golden Gate City. CONSIDERATIONS: Plans to expand potable water services to Golden Gate City residents require installation of the transmission water system. Currently there is approximately 70% of Golden Gate City served by the Collier County Water -Sewer District ("CCWSD") regional water system, and approximately 30% serviced by private wells. The first step to install new water mains within Golden Gate City is to construct transmission water mains in and around Golden Gate City. These transmission water mains will connect to the regional water mains on Collier Boulevard and Santa Barbara Boulevard/Radio Road. The project is separated into two phases (see attached phasing map). Phase 2 includes constructing the 12-inch and 16-inch proposed transmission water main traveling near Santa Barbara Boulevard, Green Boulevard, 15' Avenue SW, and 48th Street SW. Stormwater improvements within the transmission water main project area will be completed in locations where the proposed transmission water main crosses the existing stormwater infrastructure within the right of way. This work includes replacing the aging stormwater pipe and drainage structures. County Staff is working on preparing a Golden Gate City Master Plan. The master plan will include activities related to converting septic to sewer and well to municipal water, rehabilitation of the stormwater system to improve flood protection and water quality, as well as installation of sidewalks and lighting to enhance mobility. Specific items will include surveying the area, developing a master plan, identifying funding and any right-of-way needs, and developing an opinion of probable cost for construction. Future replacement of the existing 50-year-old Golden Gate City potable water distribution system will be necessary to continue to meet current demand, stay in compliance, and provide CCWSD customers with a compliant, reliable system. This work will be completed under a separate, future program that will be integrated with the transmission mains being constructed under this project. On May 27, 2022, the Procurement Services Division issued ITB Solicitation 22-7965R, for construction of Golden Gate City Transmission Water Main Improvements - Phase 2. The County received five bids by the July 7, 2022 deadline, as summarized below: RESPONDENTS: Company Name City County ST Total Bid Responsive/ Responsible D.B.E. Management, LLC d/b/a DBE Utility Services Loxahatchee Palm Beach FL $6,737,736.00 Yes/Yes Metro Equipment Service, Inc. Miami Miami -Dade FL $7,846,820.00 Yes/Yes Andrew Site Work, LLC Fort Myers 1 Lee FL $8,704,297.00 Yes/Yes Quality Enterprises USA, Inc. Naples Collier FL $9,839,826.00 Yes/Yes Accurate Drilling Systems, Inc Labelle Hendry FL 1 $10,406,348.90 Yes/Yes The engineering consultant, Johnson Engineering, Inc. ("JEI" ), evaluated the bids and determined that D.B.E. Management, LLC d/b/a DBE Utility Services ("D.B.E.") met all the qualifications required for this project and submitted the low bid. D.B.E.'s bid is approximately 17% below the engineering consultant's $8,159,926.05 opinion of probable cost. Packet Pg. 165 11.D 11 /08/2022 D.B.E. has been doing business in Florida since 2004 and has its main office in Loxahatchee, Florida. D.B.E. has previously done business with Collier County; most recently in 2019 when it completed the Water Main Replacement on U.S. 41 project. Therefore, staff and JEI, recommend that D.B.E. Management, LLC d/b/a DBE Utility Services be awarded the contract as the lowest responsive and responsible bidder. The Procurement Services Division concluded bidding was competitive and representative of market conditions. The bid tabulation, bid analysis, engineer's letter of recommendation (the "DELORA"), the Notice of Recommended Award (the "NORA") and contract are attached. Also, the project map is attached. FISCAL IMPACT: The source of funding is the Water and Sewer Revenue Bonds, Series 2021, $6,008,771.00, Fund (419), Project 70253 and the Stormwater Bond, $728,965.00, Fund (327), Project 51029. A budget amendment is necessary to move funds from the Stormwater Bond Fund (327) Reserves into Project 51029. The project is expected to be completed in 2024. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: To approve the award of Invitation to Bid No. 22-7965R, "Golden Gate City Transmission Water Main Improvements - Phase 2," to D.B.E. Management, LLC d/b/a DBE Utility Services, in the amount of $6,737,736.00, authorize the Chairman to sign the attached agreement, and authorize any necessary budget amendments. Prepared by: Benjamin N. Bullert, P.E., Principal Project Manager, Public Utilities Engineering & Project Management ATTACHMENT(S) 1. [Linked] 22-7965R _Contract_CAO DBE MGMT_VendorSigned (PDF) 2. 22-7965R Bid Tabulation (PDF) 3.22-7965R DBE_COI_9-8-22 (PDF) 4.22-7965R DBE (PDF) 5.22-7965R NORA (PDF) 6. GGC Transmission Water Main PH-2 Presentation (Final) (PDF) 7. Project Location Map (PDF) Packet Pg. 166 11.D 11/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: I LD Doc ID: 23543 Item Summary: Recommendation to award Construction Invitation to Bid (ITB) No. 22-7965R, "Golden Gate City Transmission Water Main Improvements — Phase 2" to D.B.E. Management, LLC, d/b/a DBE Utility Services, in the amount of $6,737,736, and authorize the Chairman to sign the attached Agreement. (Project 70253 and 51029) (Matt McLean, Public Utilities Engineering Director) (Companion item to I IE) Meeting Date: 11/08/2022 Prepared by: Title: Associate Project Manager — Public Utilities Planning and Project Management Name: Liz Gosselin 10/13/2022 2:59 PM Submitted by: Title: Director — Public Utilities Planning and Project Management Name: Matthew McLean 10/13/2022 2:59 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Public Utilities Planning and Project Management Daniel Roman Growth Management Department Lisa Taylor Additional Reviewer Growth Management Operations Support Tara Castillo Procurement Services Sue Zimmerman Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Public Utilities Planning and Project Management Benjamin Bullert Water Pamela Libby Additional Reviewer Water Howard Brogdon Additional Reviewer Procurement Services Kristofer Lopez Additional Reviewer Public Utilities Planning and Project Management Matthew McLean Public Utilities Operations Support Katrina Lin Additional Reviewer Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Growth Management Department Trinity Scott Additional Reviewer Completed 10/14/2022 8:58 AM Additional Reviewer Completed 10/14/2022 11:12 AM Completed 10/14/2022 2:13 PM Additional Reviewer Completed 10/14/2022 4:01 PM Completed 10/16/2022 12:12 PM Additional Reviewer Completed 10/17/2022 10:04 AM Additional Reviewer Completed 10/17/2022 4:18 PM Completed 10/18/2022 5:51 AM Completed 10/18/2022 6:18 AM Completed 10/18/2022 7:28 AM Additional Reviewer Completed 10/18/2022 9:32 AM Completed 10/18/2022 1:38 PM Completed 10/19/2022 11:22 AM Completed 10/19/2022 1:13 PM Completed 10/20/2022 10:09 AM Completed 10/20/2022 4:18 PM Packet Pg. 167 11.D 11/08/2022 Public Utilities Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners George Yilmaz Level 2 Division Administrator Review Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Dan Rodriguez Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 10/21/2022 3:48 PM Completed 10/24/2022 9:03 AM Completed 10/24/2022 10:22 AM Completed 10/26/2022 9:14 AM Completed 11/01/2022 10:14 AM Completed 11/01/2022 5:19 PM 11/08/2022 9:00 AM Packet Pg. 168 1: GENERAL 3: WATER SYSTEM 3: RESTORATION SECTION 4: DRAINAGE 6: ALLOWANCE SUMMARY 11.D.2 C Cow 2Buameea Tax Rece' [ d livable Om— bV: Kllatder Loper. Procurement Sbete ` Wibiesaetl by: m ft Catoe, Prowrement Siratagiat W� VN. YW /ea ut Yea V/ea N O N O t a c L d O .y L V d V 'O V M M N C O c0 7 O H m I Ln w T ti N N C N E t t� O r r Q GOLDEN GATE CRYTRANSMISSION WATER MAIN IMPROVEMENTS PHASE ROUND 2 BIDDING 2 Packet Pg. 170 Client#: 8325 DBEUTI 11.D.3 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/01 /22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NTONCT Nyssa Pace ZERVOS GROUP, INC. PHONE 248 355-4411 24 Ext : A/c. No : 8 355-2175 24724 Farm brook E-MAIN. ADDRESS: nyssa@_zervosgroup.com P O Box 2067 Southfield, MI 48037-2067 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED INSURER B : Sirius International Insurance Corporat DBE MANAGEMENT LLC DBA DBE Utility Services INSURER C : 13387 Bryan Road INSURER D : Loxahatchee Groves, FL 33470-4908 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RR TYPE OF INSURANCE NSRADDLSUBR WVD POLICY NUMBER MM/DDY EFF MM/DDY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Contractual X X 434266900 3/31/2022 03/31/2023 EACH s2,000,000 �OCCURRENCE PREMISES Ea occurrence $1 OO OOO X MED EXP (Any one person) $15,000 X GEN'L Xr C & U PERSONAL&ADV INJURY $2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY [7X JJECOT- FX LOC OTHER: GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 $ A AUTOMOBILE X %� LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY X X 445830100 3/31 /2022 03/31/202 COMBINED SINGLE LIMIT Ea acc dent 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident ( ) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? � (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X 445830200 3l31/2022 03/31/202 X PER OTH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT $1,000,000 A B L&R Equipment Poll & Prof CPP4198317 CPPLS0002329 8/13/2022 3/31/2022 08/13/2023 03/31/2023 $300,000 Max Each Item $5,000,000/$5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County is included as an additional insured with respects to the General Liability policy when required by written contract. ItH Collier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail East, Bldg ACCORDANCE WITH THE POLICY PROVISIONS. C-2 Naples, FL 34112 AUTHORIZED REPRESENTATIVE o.,A)5� Q © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S532455/M530267 NAP Packet Pg. 171 SINCE 1946 ENGINEERING July 20, 2022 Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 RE: Design Entity Letter of Recommended Award - Solicitation No. 22-7965R, Golden Gate City Transmission Water Main Improvements — Phase 2 Dear Procurement Strategist: Johnson Engineering, Inc. (EOR) has completed our review of Collier County's bid analysis of the quotes received for the above referenced project. This letter addresses the lowest bidder, DBE Management LLC dba DBE Utility Services (DBE) and we were provided a copy of DBE's submitted proposal. Johnson Engineering provides the following recommendation based upon the quote provided: The scope of the Golden Gate City Transmission Water Main Improvements — Phase 2 project includes installing a transmission water main that generally includes and is not limited to the installation of 13,649 LF of 16" water main and 4,452 LF of 12" water main via open -cut method and 5,091 LF of 16" water main via horizontal directional drills (HDDs). Based upon the attached bid quote provided by the Collier County Purchasing Division, DBE's bid was $6,737,736. For comparison purposes, the Engineer's Opinion of Probable Construction Cost (OPCC) was in the amount of $8,159,926.05 dated June 21, 2022. Collier County included in the bid package a supplemental specification with the following Contractor's Qualifications: "The Contractor needs to demonstrate extensive experience in the below listed fields within the last twelve (12) years. The reference projects submitted by the Contractor shall clearly demonstrate experience to meet the below listed qualifications: Experience installing 16" or larger potable water main through residential and commercial areas. Provide at least two (2) reference projects within the last twelve (12) years. 2. Experience installing at least two (2) miles of 16" or larger potable water main as part of a single project. Provide at least two (2) reference projects within the last twelve (12) years. 2122 Johnson Street . Post Office Box 1550 . Fort Myers, Florida 33902-1550 Phone: (239) 334-0046 . www.JohnsonEnaineerina.com Packet Pg. 172 11.D.4 Collier County Procurement Services RE: DELORA for Solicitation No. 22-7965R, Golden Gate City Transmission Water Main Improvements — Phase 2 July 20, 2022 Page 2 3. List any drilling subcontractor(s) planned for use during this project (no substitutions will be allowed). Contractor and/or drilling subcontractor(s) qualifications must demonstrate experience with horizontal directional drills of 16" pipe or larger as a single bore of 1,000 LF or longer. Provide at least two (2) reference projects within the last twelve (12) years." The projects provided by DBE as references are primarily public utility projects. Johnson Engineering contacted the provided references to discuss if the work performed by DBE was similar in nature to the proposed Golden Gate City Transmission Water Main Improvements — Phase 2 project and if DBE performed acceptably on the projects. We were able to contact 5 of the 7 references provided and 4 of the check logs are attached (#1 only responded verbally). In summary, we gathered the following information: 1) City of Winter Haven, Reclaimed WM, Master FM Replacement & Pollard Road WTP, Winter Haven, FL Johnson Engineering contacted the Jeff Crowley from Jones Edmunds Engineering, who is the project manager on the above -referenced project. He provided positive feedback regarding DBE's work and confirmed that the project is still in progress. He shared that the project will be completed with less than 5% increase from original budget. This project includes installation of more than 41,000 feet of total pipeline including 24" reclaimed water main and sanitary sewer as well as 16" potable water mains. Mr. Crowley explained that the project was progressing smoothly and on schedule. This project had a contract value or $12,321,877 and has reached substantial completion. Contractor's Qualifications: #1: This project did specify installing 16" or larger diameter utility pipelines though residential and commercial areas. #2: This project did specify installing two miles of 16" or larger potable water pipeline. #3: This project did specify a 16" or larger pipe as a single bore of 1,000 LF or longer. 2) TOHO Water Authority, Poinciana Blvd 24" WMExtension, Kissimmee, FL Johnson Engineering contacted George Eversole from TOHO Water Authority, the utility provider, and the owner of the project. Mr. Eversole provided postive feedback regarding DBE's work, and confirmed this project, did include utility construction within an FDOT right of way, and included installing a water main through a commercial property easement. The project included installation of 4,150 LF of 24" PVC water main via open cut and HDD. Mr. Eversole stated that even though the project was completed within budget, there was some delay in project completion due to a frack out, but also said it was not DBE's fault, the soil profile was poor prior to drilling. This project had a contract value of $1,374,165 and a completion date of July 2020. Packet Pg. 173 11.D.4 Collier County Procurement Services RE: DELORA for Solicitation No. 22-7965R, Golden Gate City Transmission Water Main Improvements — Phase 2 July 20, 2022 Page 3 Contractor's Qualifications for this project: #1: This project did specify installing 16" or larger diameter utility pipelines though residential and commercial areas. #2: This project did not specify installing two miles of 16" or larger potable water pipeline. #3: This project did specify a 16" or larger pipe as a single bore of 1,000 LF or longer. 3) City of Boynton Beach, Water Main Interconnect — Section C, Boynton Beach, FL Johnson Engineering contacted Richard Crow from Murphy Pipeline Contractors, the project manager for this job. Mr. Crow provided positive feedback regarding DBE's work, stating that DBE brought in extra equipment and resources to expedite the drilling process, and confirmed this project did include utility construction within residential and commercial areas. The project included the installation of 48" HDPE via directional drill, 36" DIP, 24" DIP, and 20" DIP. Mr. Crow assured us that this project included at least 2 miles of 16-inch or larger potable water main. Mr. Crow concluded his comments with adding that DBE provided suggestions and ideas, they were real partners and not just a drilling company, calling DBE an "excellent contractor". This project had a contract value of $2,270,000 and a completion date of October 2016. Contractor's Qualifications: #1: This project did specify installing 16" or larger diameter utility pipelines though residential and commercial areas. #2: This project did specify installing two miles of 16" or larger potable water pipeline. #3: This project did specify a 16" or larger pipe as a single bore of 1,000 LF or longer. 4) City of Boca Raton, Airport Road 16-inch Water Main, Boca Raton, FL Johnson Engineering contacted Stephen Decker from BBU Construction, the project manager for this job. Mr. Decker provided positive feedback regarding DBE's work, stating that DBE did a great job. The project included the installation of 17,000 total LF of 16" water main via open cut & HDD methods. Mr. Decker wanted to add that DBE was a great contractor to work with and they maintained a professional and safe working environment. This project had a contract value of $2,800,000 and a completion date of December 2012. Contractor's Qualifications: #1: This project did specify installing 16" or larger diameter utility pipelines though residential and commercial areas. #2: This project did specify installing two miles of 16" or larger potable water pipeline. #3: This project did specify a 16" or larger pipe as a single bore of 1,000 LF or longer. Packet Pg. 174 11.D.4 Collier County Procurement Services RE: DELORA for Solicitation No. 22-7965R, Golden Gate City Transmission Water Main Improvements — Phase 2 July 20, 2022 Page 4 All four references that responded to Johnson Engineering provided positive feedback on DBE's work. DBE submitted all the required bid forms, and they demonstrate the minimum extensive experience as listed in the Contractor's Qualifications in the Bid Package. Contractor's Qualifications for DBE in summary: #1: Did reference 2 projects within 12 years installing large diameter (16" or larger) utility pipelines through residential and commercial areas. #2: Did reference 2 projects installing 2 miles of large diameter (16" or larger) potable water main as part of a single project. #3: Did reference 2 projects within the last 12 years installing 16" or larger pipe as part of a single bore of at least 1,000 LF in length. Subject to concurrence with Collier County's Purchasing and Contracts Administration Division, and DBE Management & Utility Services furnishing the appropriate contract requirements, we believe the selection of DBE Management and Utility Services by Collier County for the intended work contained within the bid documents to be the appropriate choice. Please feel free to call me at my direct office line (239) 461-2455 with any questions. Very truly yours, JOHNSON ENGINEr' Mi hael S. Di key, Pam! Vice President/Director of MSD/ljb Enclosures Tarn Packet Pg. 175 Solicitation No.: Solicitation Title: Bidder's Name: Desien Entitv: cor county Administrative Services Departrrnent Procurement Services Division VENDOR REFERENCE CHECK LOG 22-7965R Reference Check by: Brett Dean Golden Gate City Transmission Water Main Improvements —Ph; 2 Date: July 18, 2022 DBE Management LLC dba DBE Utility Services Phone: 561-508-3713 Johnson Engineering, Inc. REFERENCED PROJECT: Project Name: New Reclaimed WM and Pollard Road WTO Phase 1 WM Project Location: Winter Haven, FL Project Description: 41,500 LF of new 24" RCM, FM, & WM (includes 7,000 LF of 16-inch HDPE) Completion Date: Incomplete Contract Value: $12,321,877.00 Project Owner/Title: City of Winter Haven Owner's Address: 451 Third Street NW, Winter Haven, FL 33881 Phone: 561-655-7175 Owner's Contact Person: Jeffrey Crowley — Vice President E-Mail: jcrowley@jonesedmunds.com 1. Was project completed timely and within budget? (If not, provide detail) The project has not reached completion but DBE is on schedule. The project will be completed with less than 5% Cost increase. Change orders primarily driven by the Client. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) It was. HDD Submittals in particular were well prepared. 3. Was the construction process performed satisfactorily? (If not, provide detail) It was. No major issues to report. 4. Did the process run smoothly? Were there any changes? Describe below. As stated above, most of the changes were client driven. Generally a very smooth project. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Have not completed vet. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Warrantv period has not began vet. 7. Additional comments: N/A 11.D.4 Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 176 Solicitation No.: Solicitation Title Bidder's Name: Design Entitv: cor county Administrative Services Departrrnent Procurement Services Division VENDOR REFERENCE CHECK LOG 22-7965R Golden Gate City Transmission Water Main Improvements — Phase 2 DBE Management LLC dba DBE Utility Services Johnson Engineering. Inc. REFERENCED PROJECT: Reference Check by: I Brett Dean Date: I July 18, 2022 Phone: 1561-508-3713 Project Name: Poinciana Blvd 24-inch Water Main Extension Project Location: Kissimmee, Osceola County, FL Project Description: 4,150 LF of new HDPE & Certalok PVC WM installed by HDD Completion Date: July 2020 Contract Value: $1,374,165.00 Project Owner/Title: TOHO Water Authority Owner's Address: 951 MILK Blvd, Kissimmee, FL 34741 Phone: 407-944-5025 Owner's Contact Person: George Eversole E-Mail: geversole@tohowater.com 1. Was project completed timely and within budget? (If not, provide detail) 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) 3. Was the construction process performed satisfactorily? (If not, provide detail) 4. Did the process run smoothly? Were there any changes? Describe below. Yes, no. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Yes, but not due to their performance. A frack out from the drill caused a whole that needed to be fixed. 7. Additional comments: MOT and communication with the community was done well, they did a sufficient job. 11.D.4 O J W I LO W rn ti N N C m E t U a r Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 177 Solicitation No.: Solicitation Title Bidder's Name: Design Entitv: cor county Administrative Services Departrrnent Procurement Services Division VENDOR REFERENCE CHECK LOG 22-7965R Golden Gate City Transmission Water Main Improvements — Phase 2 DBE Management LLC dba DBE Utility Services Johnson Engineering. Inc. r%r'rr'nr'w1/`r'r% nr%r%1r'/`T. Reference Check by: I Brett Dean Date: I July 18, 2022 Phone: 1561-508-3713 Project Name: Water Main Interconnect —Section C Project Location: City of Boynton Beach Project Description: Installation of 5,500 LF of 42-inch HDPE by HDD & approx. 5,100 LF of 36", 24", & 20" DIP by open cut crossing 1-95. Completion Date: October 2016 Contract Value: $2,270,000.00 Project Owner/Title: City of Boynton Beach Owner's Address: 100 E Ocean Ave, Boynton Beach, FL 33435 Phone: 954-254-7898 Owner's Contact Person: Richard Crow E-Mail: richcrow@gmail.com 1. Was project completed timely and within budget? (If not, provide detail) 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) 3. Was the construction process performed satisfactorily? (If not, provide detail) 4. Did the process run smoothly? Were there any changes? Describe below. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Nonc. 7. Additional comments: They did some complicated work and had a limited work zone to manage in. Did a great job. Site was kept clean. 11.D.4 O J W t� I LO W rn ti N N C d E t U a r r Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 178 Solicitation No.: Solicitation Title: Bidder's Name: Desien Entitv: cor county Administrative Services Departrrnent Procurement Services Division VENDOR REFERENCE CHECK LOG 22-7965R Reference Check by: Brett Dean Golden Gate City Transmission Water Main Improvements —Ph; 2 Date: July 18, 2022 DBE Management LLC dba DBE Utility Services Phone: 561-508-3713 Johnson Engineering, Inc. REFERENCED PROJECT: Project Name: Airport Road 16-inch Water Main Project Location: Boca Raton, FL Project Description: Installation of 17,000 LF of 16-inch WM by open cut and HDD methods Completion Date: December 2012 Contract Value: $2,800,000.00 Project Owner/Title: City of Boca Raton Owner's Address: 201 W. Palmetto Park Road, Boca Raton, FL 33432 Phone: 561-722-1556 Owner's Contact Person: Stephen Decker E-Mail: sdecker@bbuconst.com 1. Was project completed timely and within budget? (If not, provide detail) The project was completed about two months ahead of schedule and well within our budget. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) The submittal process was effortless. DBE had their presentation of materials well established. 3. Was the construction process performed satisfactorily? (If not, provide detail) DBE performed the work with professionalism. We did not have any issues with the work or staff. 4. Did the process run smoothly? Were there any changes? Describe below. The process was extremely smooth. We added an additional 1100 feet to the project in order to service new business being constructed at the time. S. Was the contract closeout process performed satisfactorily? (If not, provide detail) The closeout went well. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues have occurred. 7. Additional comments: DBE has performed manv other Droiects for our firm and always maintains a professional and safe environment. 11.D.4 Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 179 DocuSign Envelope ID: 7B262607-AC6B-46A0-8279-B46B6100382C 11.D.5 Co*r Co -tint y Procurement Services Division Notice of Recommended Award Solicitation: 22-7965R Title: Golden Gate City Transmission Water Main Improvements Phase 2 Due Date and Time: July 7, 2022 @ 3:00 PM Respondents: Company Name City County State Total Bid Responsive/Responsible D.B.E Management LLC dba DBE Utility Services Loxahatchee Palm Beach FL $6,737,736.00 Responsive/Responsible Metro Equipment Service, Inc Miami Miami- Dade FL $7,846,820.00 Responsive/Responsible Andrew Site Work, LLC Fort Meyers Lee FL $8,704,297.00 Responsive/Responsible Quality Enterprises USA, Inc Naples Collier FL $9,839,826.00 Responsive/Responsible Accurate Drilling Systems, Inc Labelle Hendry FL $10,406,348.90 Responsive/Responsible Utilized Local Vendor Preference: Yes 0 No = N/A On May 27, 2022, the Procurement Services Division issued Construction ITB Solicitation 22-7965R Golden Gate City Transmission Water Main Improvements — Phase 2 to seventeen thousand nine hundred and eighty- four (17,984) vendors. Vendors viewed sixty-two (62) bid packages. The County received five (5) bids by the July 7, 2022 deadline. Staff reviewed the bids received. Two bids were deemed responsive and responsible. Staff determined that D.B.E Management LLC dba DBE Utility Services is the lowest responsive and responsible bidder. Staff recommends the contract be awarded to D.B.E Management LLC dba DBE Utility Services, the lowest responsive and responsible bidder, for a total contract amount of $6,737,736.00. by: Project Manager: DocuSigned by: Procurement Strategist: Required Signatures "cg 6� Services Director: 7/26/2022 Sandra Herrera Date Packet Pg. 180 I� i r O CD r- +L (D k� r �v o(D �+ < C �d�J�IJtI C: 3 _. _ r..r CT -• CD CD D (n co w 0 CD (D CD - - N -0 O � N rt CD 3 3 o k � D' D' o o ( (-) r-r � •o� �3�3�,o G) -• C W"—''•—aj�CD o — Z) -1 :�nM n -o CD 3 Z) m ZCD rD o C D 1 r-r 0 0- � o � o � ' aiZ)—.3� 0- o•D�� CD 3ai n < M 0 o rm3 ai m N �J CD0 CD rt 00 w CI . , Attachment: GGC Transmission Water Main PH-2 Presentation (Final) (23543 : Golden Gate City _. cn G) m :E n n (D o W—� < n rn r-r a) r"i 0 0- o- Z37 0 (D 0 Ln 0 3 w 0- o r� Lo � c� Cn ro o 3 r -1 D CD G)ai CD I o Z3 -0 _• W ru ,< 3. 0 CD o < _ 2) G) 70 3 w U) aj 0 CD 0 0 CD � � r-r 0 n CD Ln rD 0 1 CD D G) 3 U) W 0 -1 3 _0 n milli — 1 C) cn � � =3 CD z rt o zT r� 9-0 c CD cn 0 CD 3 CD � O � N O ai a. i O t!) Nam' � � Z3� � Z3 Z3 O r-r rt CD 3 z3-o 3-o 70� CD O n 0 rat Z3 r 3 O n W r CD Q CD j n Z3 M � W � I � O � O �� � � ai (D M 0 0 Ln n< rn CD D C N rt Z3- O — aj r-r Z3 r-r N' �< U) O 0CDCD ���vo u n O zT to rQ �. _. vo L a� w3 CD 0 ;u CD 0 3 3 CD Q v o� 11.D.7 Project Location Phase 2 (Blue Line) T -.r .,'J I t F Y.LV2 w Y LE Ic JAM J C r� i�YF f�I fi43' �r }f . .n� {� w i� �- PHASL 1 PHASE 2 _ ®- GOLDEN GATE CITY — ---WNW TRANSMISSION — rararr; VvAiFPU IN Packet Pg. 186 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with D.B.E. MANAGEMENT, LLC dlb/a DBE UTILITY SERVICES ("Contractor") of 13387 Bryan Road, Loxahatchee, FL 33470 a Florida Limited Liability Company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Golden Gate City Transmission Water Main Improvements Phase 2," Invitation to Bid No. 22-7965R ("Project"), as said Work is set forth in the Plans and Specifications prepared by JOHNSON ENGINEERING, 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: Six Million Seven Hundred Thirty -Seven Thousand Seven Hundred Thirty -Six Dollars ($6,737,736). 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.htrnl#certified. Should the Contract Amount be less OCAO Construction Services Agreement: [2022_ver.3] 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 sale risk of Contractor. Contractor shall achieve Substantial Completion within five hundred forty (540) 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, One Thousand Six Hundred and Sixty -Five Dollars ($9,665) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C, Computation of Time Periods. 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 2 C.AU Construction Services Agreement: [2022_ver.3] 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 #22-7965R "Golden Gate City Transmission Water Main Improvements Phase 2." Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms [] Not Applicable Exhibit B-2: Performance Bond Forms L] Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 CA4 Construction Services Agreement: 12022_ver.3j 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 17113 # 22-7965R "Golden Cate City Transmission Water Main Improvements Phase 2." The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: ht� tps:/l www.bidsy_nc.com/bidsync-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: JOHNSON ENGINEERING, INC. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering & Project Management Division 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 Attn: Ben Bullert, Principal Project Manager Phone: (239) 252-2583 Email; Benjamin.Bullert()Collie rCountyFL.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: D.B.E. MANAGEMENT, LLC dlbla DBE UTILITY SERVICES 13387 Bryan Road Loxahatchee, FL 33470 Attn: Dustin Ertle, President Phone: (561) 508-3708 Email: CLAMOUREUX@a DBEHDD.COM & DERTLE@DBEUTILITYSERVICES.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.31 Section S. 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 A_ssions. 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. Construction Services Agreement: t2022_ver.31 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. wee*re Remainder of page intentionally left blank ConStrUdion Services Agreement: 12022 ver-3] ♦ — IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. ESSES: �rmarml Print Name ECOND WITNESS nl msho ig1brd;t 2 Print Name Date: �1Q,_ j o o l 2 Z ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller BY: Approved as to Form and Legality: County Attorney Print Name CONTRACTOR: D.B.E. MANAGEMENT, LLC d/b/a DBE UTILITY SERVICES By:4(w DUStln Er+lr- OqjoS12- Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA M William McDaniel, Jr., Chairman 7 Construction Services Agreement: 12022_ver.31 I .NO EXHIBIT A-9: CONTRACTOR'S BID SCHEDULE (FomoyyING THIS PAGE) 8 Construction Services Agreement; (2022_ver.3] Olko GOLDEN GATE Cl1Y TRANSMISSION WATER MAIN IMPROVEMENTS PHASE 2 BID SC1145DULE lTe [ DESCRIPTION taUA 1T. UNIT UNIT PRICE EKT1=LADED PRICE 76 1 MobllizationlDemoblllzation '1 LS $ 293,885.00 $ 293,685.00 2 Maintenance of Traffic 1 LS $ 113.206.00 $ 113,206.00 3 Survey $, Record Drawings 1 LS $ 129.510.00 $ 129,510.00 4 Pre -Construction Video 1 LS $ 12,834.00 $ 12,834.00 5 iFurnifsh and Install Pro ect Sign 1 LS $ 12.,367,06 1 $ 12,367,00 SECTION 1 SUBTOTAL:SUBT0TAL:I $ 581,602,00 'SECTION INS DEBCRIPTIO14 ODAN7 UNIT UNIT PRICI EXTENDED PRICE 6 Water Moln PI etinoa Via Open -COO 0. 8-Inch PVC DR18 175 LF ffi 82.00 $ 14.350.00 b. 12-Inch DIP Pi arr Materiel Ps)fchosed b COUNTY 4,361 LF $ 52.00 $ 220.772.00 C. 113-lpoh DIP P! a Mnto(ini ftrcf)ased b COUNTY 13,544 LF $ 65.00 $ 744.920.00 7 Water Main Pipelines (Via Horizontal directional D(Ill) a. 16-inch HDPE DR11 Pipe Material Purchased by COUNTY i. Santa Barbara #5 (Enlry to Exit _= 775 L.F.) 1 LS $ 137.025,00 $ 137,025.00 li. 55th Terrace fit (Entry Io Exlt = 513 L.F. 1 L$ $ 123,867.00 $ 123,81137.00 di. Green #1 (Entry to Exit = 995 L,F, 1 LS $ 158.380.00 $ 158.380.00 Iv. Groon #2 (Entry to Exit = 1,402 L.F. 1 L$ $ 199,660.00 $ 189,dG0.00 V. Collier Property #1 Ent to Exlf = 602 L.P. 1 LS $ 12.5,579.00 $ 125.579.00 Vi. Collier Blvd 41 Ent to Exlf = 1,052 L.P.)1 LS $ 175,190.00 $ 175.190.00 8 Connect to ExIsting Water Mains a. 8-inch WM AC Cut in Exislln 2 EA $ 33,333.00 $ 66.066.00 b, 8-Inch WM PVC Cut In Existing) 2 EA $ 34.188.00 $ 68,376,00 G. 12-inch WM Cut In Existing) 2 EA $ 41.619.00 $ 83,038.00 d. 16-inch WM Connect 10 Phase 1 1 EA $ 511.728,00 $ 54,728.00 e. 36•inch PCCP WM Cut In Existing) 1 EA $ 287,428.00 $ 287,428.00 9 Ucflect ExIsting Water Mains a. 2-inch WM 1 EA $ 15,494,00 $ 15,494.00 b. 6-inch WM 3 EA $ 15,494,00 $ 46,482,00 10 Air Release Valve 17 EA S 2.711.00 $ 46,087.00 11 Fire Hydrant Asscrno 27 EA $ 6.676,00 $ 180,225.00 12 Leak Detection Device 3 EA $ 4,439= $ 11317,00 13 Gate Valve Valves Purclrosod by CQUNrY a. 8-Inch Gato Valve 3 EA $ 1,072,00 $ 3.216.00 b. 10-inch Gat: Volvo 2 1.196.OQ $ 2.392.00 c. 12-inch Gate Uvo 13 $ 1,291,00 $ 16�,783.00 d. 16-inch Gato Volvo 2.5 jEJA$ $ 1,529.00 $ 38,225.00 e. 36-inch Gale Valve 2 $ 14.208.00 $ 28,696.00 14 Install "NEW" Water Service and Meter Box a. Sir+ la Lon $Ida 2" Water Service & Meter Box 11 EA $ 4.104.00 $ 46,134.00 b, 5in le Short Side 1" Walar Service & Meter Box 8 EA $ 2,677.00 $ 21,416.00 0. Double Long Side 2" Wator Service 8 Meter Box 22 EA $ 3.687.00 $ 81.114.00 d, Double Short Side 2" Water Service & Meter Box 24 EA $ 3.134.00 $ 75,216.00 15 Re -Connect "NEW" Water Service to ExIsting Meter Box a, SIn le Lon Side 2" Water Swyloo 2 EA $ 5.611.00 $ 11,222.00 b. Single Short $itfp 1" Water Service 15 EA $ 2.812.00 $ 42,180.00 c. DoUble LonQ Side 2" Water Service 3 EA $ 3,836.00 $ 11.505.00 d. Double Short Side 2" Water Service 9 EA $ 3,225.00 $ 29.025,00 16 Install Bacteriological Sample Palnt ,i. Tern care 10 EA $ 743.00 $ 7,430A0 b. Permanent 16 EA $ 2,323.00 $ 37,168.00 17 Pressure Reducing Assembly 1 EA $ 29,6135.00 $ 2€.685.00 SECTION 2 SUBTOTAL: $ 3,249,491.00 OLDEN GATE CITY TRANSMISSION 'ATER MAIN IMPROVEMENTS PHASE 2 BID SCHEDULE DUND 2 BIDDING 1 013 MAY 17. 2022 RESTORATIONSECTION 3- AESCNIPTION QUANT. UNIT UNIT PRICE I EXTENDED PRICE ITEM 18 General Restoration 18,350 LF $ 23.00 1 $ 422,050,00 19 Roadway Restoration a. Trench Restoration 379 SY $ 160.00 $ 60,640.00 b. MIII & Overlay Local Roadways) 4,146 SY $ 37.00 $ 153,402,00 c. Mill & Overlay Collector Roadways) 1,634 SY $ 35.00 $ 67,190.00 20 Remove and Replace Drlvewa s a. Asphalt Includes 14 Gravel Drives 1,703 SY $ 84.00 $ 143,052.00 b. Brick 333 5Y $ 129.00 $ 42,957.00 C. Concrete 5,232 SY $ 97.00 $ 507,504,00 d, Decorative Concrete 161 SY $ 155.00 $ 24,955,00 21 Remove Asphalt Waltz & Replace with Concrete Side Walk 164 SY $ 90,00 $ 14,760.00 22 Remove & Replace Concrete Walk 1 954 SY $ 81,00 $ 158,274.00 23 Abandon and REMOVE Existing Water Main a. Existing 2" PVC Water Main 464 LF $ 3000 $ 13 920.00 b. Existin 8" AC Water Main 106 LF $ 97.00 $ 10,476.00 c. Existing 8" PVC Water Main 146 LF $ 50.00 $ 7,300.00 d. Existing 12" PVC Water Main 24 LF $ 59.00 $ 1.416.00 e. Existing IV'PVC Water Main 79 LF $ 89.00 7.031 00 24 Abandon and GROUT Existing Water Main a. Existing 8" PVC Water Main 204 LF $ 78.00 $ 15,912.00 lS_ Existin 16" PVC Water Main 41 LF $ 151.00 $ B 191,00 25 Replace Existing Driveway Culverts 3,298 LF $ 78.00 $ 250,648.00 SECTIONL: 1,827,678.00 SECTIONDRAINAGE ITEM DESCRIPTION EST' UNIT UNIT PRICE EXTENDED PRICE NO. QUANT. 26 Remove & Replace Drainage Pfii a. 18'X12" ERCP 274 LF $ 194.00 $ 53,156.00 b. 24" RCP 159 LF $ 225.00 $ 35,775.00 c. 30" RCP 223 LF $ 233.00 $ 51,959_00 d. 36" RCP 88 LF $ 295.00 $ 25,960.00 27 Remove & Replace Drainage Structures a. Type C Catch Basin (00 feet) 2 EA $ 7.211.00 $ 14,422.00 b. Type E Catch Basin ({10 feet) 14 EA $ 8B16.00 $ 123,424,00 c. Mitered End Section 18"x12" 4 EA $ 5.071.00 $ 20,284.00 SECTION 4 $UDT{jTAL: 3 824 880,00 SECTION RESTORATION DEScRIPTIDN UANT. UNIT UNIT PRICE~ AN I EXTENDED PRICE ITEM NO, 26 General Restoration 744 LF $ 31.00 $ 23,064.00 29 Roadway Restoration a. Trench Restoration 158 SY Is 161,001 $ 25,438,00 b. Mill & Overlay (Local Roadways) 603 SY I $ 62.00 $ 37,386.00 30 Remove and Replace Driveways a. Concrete 145 SY $ 97.001 $ 14.065,04 31 Remove & I lace Concrete Walk 42 SY 1 $ 96,04 $ 4 032.00 SECTION 5 SUET T L: SECTIONALLOWANCE NIT UNIT PRICE NO. QUANT. ITEM DESCRIPTION EgT'rT&M 103 905.80 EXTENDED Ii 32 General Allowance 1 &M $ 300,000.00 $ 300,000,00 33 Storm Drainage Allowance 1 $ 300.000.00 $ 300.000.00 SECTION 6 SUBTOTAL: $ 640,000m GOLDEN GATE CITY TRANSMISSION WATER MAIN IMPROVEMENTS PHASE 2 ROUND 2 BIDDING 203 ENGINEER'S OPINON OF PROBABLE CONSTRUCTION COST r MAY 6, 2422 1400 MMA SECTION 1: GENERAL $ 561.602.00 SECTION 2: WATER SYSTEM $ 3.240.401.00 SECTION 9: RESTORATION WATER MAIN `li 1,897.678,00 SECTION a: DRAINAGE S 324.980.00 SECTION 5; RESTORATION DRAINAGE $ 103.9B5.00 SECTION 6; ALLOWANCE � 600.000- 0 TOTAL; S 6,737,736.0 ea eranlonreirtat 5nccific rtlor�s Section 01026 Measuremont and Payment or fd tam esc7i—M ons. MEN GATE CITY TRANSMISSION ATER MAIN IMPROVEfuIE:NTS PHASC (a ENGINEER'S OPINON OF PROBABLE CONSTRUCTION COST DUND 2 BIDDING 3 of 3 MAY 6, 2022 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) Construction Services Agreement: I2022_ver.31 coter COVInty Procurement Services Division Dale: dune I S, 2022 l'mail. @Colliercntmtyfl.gov Telephone: (239) 252-xxxx Addendum #1 From: Kristofbr Lopez, Senior Strategist 1'0: Interested Bidde s Sub,jaM: Addendum NSolicitation III — Golden Cattle City Water Transmimian Improvements — Phase 2 The rollowing clat-irmitions ore i4*:ucd as An addendum: 1. Reviscd Solicitation Uploaded: Liquidated damages Were updated 2, Q/A period exIcmded to June 21, 2022 (i1 5:00 PM 3. Pre -Bid Meeting Sign In Shuct is attached to Addendum #f 4, Updated list of items to be purchn5cd by Collier County is attached to Addcndtnn ill PD If you rerluirc additional information, please post n question on mir I3id Sync {ti��t_tit bi�ls�j��.�.c�ttl} bidding plalform under the solicitation fior this praj(m. Please si n below trtrd return a copy of this Addendum rvith your submitfnl for the a1mve refer• cr;t 001ialtjttion. (Signature) L.L,(_ A� (Ntane of Firm) l�titc ��"w. 1 �� � I �� derv► �.� OC-XO Cot�l er County Procurement 5elvicm Division Datc; Junc 27, 2022 itnt�il; (i�?collit:rccrunlyi�.�;av Telephone: (239) 252-xxxx Addendum 42 F1"0111: Krislofer I..apcz. SCIIiOr PI't1CUIV111e11 SSI'tl(Cgi-M TO.- Interested Bidders Subject: Addc:ndtim ##Solicitation #2 -Golden Gme c,ily Waier'I'ransillission Intprovcnle.nis - Phase 2 The following claritt4atiom are issued as an addendum: ?A;' M 13id Due Date: July 7, 2022 @i 3:00 I'M 2. Revised laid Schedule Attached. Ifyou require additioml please patit a ilucsti{x1 W) our B'd '-'AIM_)bidding platform under the Sol9cilation lin• this project. MOM t~igD bCl[!15' alyd I'0111•11 It copy of this Addendum with your submittal for the above 2-2 Date rvlC... (Name off -Arm) Collier Courlly Solielialion 22-7986R Director, laructlrement Services Division PORM I - Bit) RESPONSE FORM BOARD 01r+~;'C11.INTY COA'IMISSIONERS COLLAER COUNTY. FLORIDA Golden Otllc City `i mismissl[a1 Willer Main Improvements Pllase 2 011) NO, 22-7965R Full Nato❑ of t3iddel L)I3ii 11iAtA(:�LMIN7' I.,I..C: dla;i C.713i U'I ll.l'F'Y SRVICRS MSin Iltrsines" Addretis 1.3387 13RYAN RD L0XAHATCHET FL 33470 Place itif 13usinrsti t ;;x7 13RYAN F;1� 1.[.)�Ai Ir1'f(`t II'.I l�l„ 3a1711 Telepboac No. W-508-3708 Fxx No, 56 1-508-3713 Slott: C'alltrrlctcll"s L,icerlse i! CLfC-122581? State of Florida C'ertificaic of Authority L)ocurneIA Number RQ4000098463 T � i• ` F'edertti'C'flx Idcrrlifictttit»1 Nunlhcr 20-1331070 ] �, y)Il Nq 06-209-6703 ('C' 0 Cage. Code 86JK l To: BOARD OFCOUNTY CY)i IMISSIC)NIRRS OF COLLIER I`Cl(.1NTY, Fl..C' RIE)A (IlUeftlaltcr "dlcd the Owner) The ulldersig,ned, as Bidder declares dial the only per$011 or Isar•tics interet:ted In this laid ras principals are those mulled hereill, that illk laid Is : Ijbminvd wilhrrut collusion wish arty other person, firm or corporation; that it Ittss carefully m1millo'd the location of the proposed Work, the propasctl rorm of Agreonlent and fill other Contract Documents and Bonds, and lllc Contract DrA vings tltld Spvoificalions. Bidder proposes, and agrees if this Bid is accepted, Biddcr will cxecutG the Actreeimil included in the Bidding D(rcumenM to provide all necessary machulcry, totals, tlpparatus mid miler rlicali;; of Con4truction, inclttding utility trod transportation services necessary to des all [lie Work, and 111111 sit all the materials and e(Ittipmem speclficd or rcl'erred to in the^ Contract Documents in the planner and link heroin prescribed and according to the reglrirerjrerlts of the Owner as therein set north, furnish the ('ontractor's 13011cis and hlsurancc alae(:itied in the General Conditions ol` the Contract, And to do All otlwr ihings regnired of the C(lntras;lor by llm ('oillract Dockn11011B, aml 11131111 wvill take full payment the sumo set f{artll ill Ille Cnllowiil&r Bid schedule: [.snit prices shalt he lwovided in Fill T1101•C llitrrl tWu det'Im»Il pr,ints, mild in the c:►sc where fur'lher decimal points fll'l• lllfl�i\'ar•lerlily provided, rounding to two (Celina] poitrts Will Ile (•enchrcted by Procurement Services Ul�,islotr sluff: Upoll notification that its laid ilas then awarded, the Successful Bidder will execule file Agrecnient form atttlailvd to the Bidding Docments wvithiti tern (10) calendar days and deliver the Surety Bond or Bonds and Inw-afire C't4rtifii tott.!5 as mu lured by the C:ontnict Docurnotifs. The bid secrrrity imachad is to hcomiw tic; Imilter•ty oraw owner in file even tic Agreement, Instil -once Cerlil ates arld Bonds nre not executed rend delivered to Owner within the time Above sel fiorth, its licltltdaled damages, for the delay and additional c.\ilclltie io tic Owner, it being recognizod that, since time iti of Isle essellec, Owner will suffer 11111mciill loss iffhc Success1111 Bidder fails to mcule And deliver to Ow our the required Agreement, insnranct, Curliticalrs and Bonds within the: re(luireci bole period, lit tic event ot'such fttiltu•tr, the total tlmottrlt ol'Owncr's dnrnages, will be, dil-liecilt, if nett impossible, to definitely asecrlain and qutnttil).. it is heroby ag,recd that it is appropriate asni fair that C)wncr receive li(Iuidated damages from the Succesnfttl Bidder in the event it fails to execute and deliver the Agrccmettl, Insurance. C'erlili nnles. rand Bolids as r(quirCd hereunder. The W2112022 10ftAWluction Solicitation Doc rev 04152022 (CtG p. y Collier County 3olleltalion 22-7965R Successful Bidder hereby expressly \Vaiv" and relinquishes any right which it may hove to sock to chatrsrctorizc the above noted liquidated damages as a penalty, whiult the parties agree represcnt~r n ltiir and reasonable ustimrtte (if' Otuner's actual damagcs at t1w lime* or bidding if tltc Successful Bidder lhilS to e\CGtite and Oliver the Agreement, IIIStt1'011Cc C'erlificstics, ;ales L3nncis in it timely manner. Upon receipt of'lhe signed and approved agri=i1ettl and f UMIMSC [lydcr, thr undersigned proposes to conirtunice cuork ttt the site within five (5) calendar days front the conuttcnccmcni (late stipulated in the written Notice to Proceed unless the ProJed Manager, in writing. subsequently notifies the C"onlraclor of'o modified (later) ronuttcmcernent (late:. The underaigmecl furilicr agrees to tul)stuntially complote all work covered by this Bid within I ive. Hundred and Forts' (540) consceulive calcrtdatr days, computed by e,irluding the ann7ntenccutent date. ;'I'd including tlic lass Lilly of'cuch period, and to be fully completed to the poinl of tidal acceptautce by the Ownerwithir Tikirty (30) consecutive calendar cloys aflrr Substantial Ccmtplcticm. computed by excluding commencement date and including the last duy of such period. Act:eptttttce and rteknowledged by tin Authorize Agent 5ignaturr; '1`itlr: FIRE'SIDENT Unto; 06/2912622 512712422 lotpdAMiuctior7 Saiici(Mort Doc rev 04152022 P. a C0111fir County S011cltaliDn 22.796&R LVC1RM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNE1) TO T13L PROJECT T Good n (law City Transrlsission Water Main Improvements 1'Irnse r Rid No. 22-796511 Nu1otc DAN ROj')ItICjUI3! DUSTIN ERTLE i IEC'TOR MENliSES SEE ATTACHFID RESUMES Construction Solicitation Doc rev 04152022 11ersannel C:'ntmm Ccroslruction Supaintcndent i'rlliect iVl(►►lager Avsistwlt Project Mlnrlsgcr W712022 W17 AM A(i p.7 Daniel RODRI UEZ General SLlperiritendent S111 1111Hry Of 0WJ11fit a1i011S Yit�w �: Mr. Rodriguez has 16 years of construction field superintendence, mannQdmertt of 16 subcontractors and rospon0blllty for HSE on oil of our Jobsites. Dully, he ensures our crews have what they nand o ho We and successful. Irt addition, he has Ed ucWpoi managed water convoyanoe, fiber otitis and power transmisslon pprojocls oxtenslvely using HDD & open sit tochniquos across the Mete. Ho is familiar with Mieml-bade CommuNty Collage The varyirip geologic rondrlrona Thal exist within Florida and rnsko each project Ihat he undertaksc unique, At DRE, pion holds 1ho position of general superintendent where lie supports mulflple of our mnrkat sogrrrents, A(:I ioovf' i i ier1f }, Certified FDOTInlermAdiste l'devaotf'rl7J C;l'.xjl�rlfitlC:f; MOT Subaqueous Cron -sing Pie-cidr, Harbor, Gauprir1ole Ixland, FL Competent Person: Excavation 1 FP&L, required fi now cubaqueous wridult ayatom so that Choy could onerous, a Shoring and Confined Spaces g P feeder polo located on Litttn Guppuriilrr [stand, The work vies wdremety little and environmentally sarmi#ivo, necessilatiq 006 USHA t0 coordina ton with FOEP rvsldent Inspoctorc, as tho drill was set up on HDPE fuolon earttfled - McElroy the Bona Grande Causoway to Install this 4,571 LF shot of 16, DR-9 HOPE crosiing 80 fuel beneath P4 idda Harbor and the Gaeparilln Pest Trackstar 1200 near the exit to the Gulf of MOV,lca. All equlPPment, pipe mralerials, thermal butt fusion and cable pulling ❑ccurred foland•side and ropuired bcrgee and boats to accDas tho island, at, no brldDe or roads axial to 1.Alpem1-11 e.hrlr- gat there. Mans sad cpnytrucllon of: 9 UG Feeder H8 Instalistlnn South Deytons Hollfox River 5ubaqueoue Crogaalnp, Dr.ytona Davch, 171- This project corislsied -23,000 LF 18" HDPIE by HDD of the 6ubflgtlRous Installation of 5,298 LF of 16" DR-7 HDPE betleath -3U.00U L4 `16" PVC by open cal the Halifax River to fopdack an sped submarine fooder cable pr9nginp ewer from the mnlnland #a a now dlshii�ution pole on (he baacii side. Psi ••40.00D LF f0" HOPE t)y HDD made this preJect unlqua was that across 8 horizontal atignmont, the (underway) 90 feel deep We pplsih had to follow a submergod land oasompnt that deviated -41,500 LF 24" and 16" HDPE= +approxl=toly 1,000 LF north AND south of o striadght r-ortl0dine, where the piton view slightly resembios Fin'S" placed art its side. PVC by HUp and Open Cut JEA T-t-tria to Burtch Drive Trtinerntoslon Forco Main, Jaelctsonville, FL This pmioci Included 6 321 LI of 3614 DRr11 DIPS HDPE installod by i0" DR-25 PVC HOLG and 3.600 LF of force main lnstalled by o on art methods, within FDOT (I fl5y, JL1 (publlc) end Anheuner-Busch (privakrj easements and ROM, HUO Begments rr:quired 3rd pnrly onpinaertnp Vorifiration Wooletions, and the bores ranged in depth between 50160 letit below grade, wflh the lnngeM slnple shot being a�ppprox. 2,885 LF, included both torreattlal •R►e and and wetland arossingt, project was eomploted $500,000 under budgel. 48" hlor4h Redundant Sower Farce iiluln, Fart Lzudordrrlra, FL On this pro0rossivo doslgn & construd prolfiel, an award was made to 2 contraclors. DBE was Invited to join the Murphy PIPOI1710 1 Chen Moore team to arcarrirnodato the city's wish for trenchless tonslrvotion methods on the northern spread. Our scopo of work it to install 17.000 LF of 48-inch DR13.5 DIPS HDPE by HOD methods, divided Wong 11 drill shots with a minimum distance of 1,300 L rand a maximum of 3,600 LF with o subaqueous crossing of thu New Fluor, Depiht ranpe from 46-65' BGS. Elmo oncy 30" 1°orre ;&In Firsplsa+rnant • phases 14, Fort Louder ale, FL., WIF ProJect InGludad 3 phases vrhr:rc Marrs than 4 rniles or new and rahabilitated pplpie were Installed vla a combinelton of trencnleas methods, Including HIDD and compression fit lining. Of thr. 22,000 LF of new 30" HOPE force main, 8,740 LF was Installed by HDD, with depths between 35' - 50' BGS. Phusos 1.3 conslstod of tingle shots respectively; 9,004', �r. 2,224' rand 3,518' of 30" DFx•11 HOPE Subaqueous crossing or the Tarpon River, Hector MENESES Senior ESlifT1811DI Project Manager yealS of l:xpenence 34 i= dii r:afinn G Civil Engineering - Florida International University Coley conipelericies Strategic Planning Budget Planning G Estin)mling Cost Control Project Management F Quality Control n Project Controls `'11ml-11411'y of Quallficati Mr. Meneeu$ Is n seasoned estimator & projecl manegar. Over his 34 years of experience, 110clor tins workod in surveying for the li as a district mcinagof for a gfobal inftestruClure Construction rnanegomr3nt firm, and as a project manager with multiple ferpected utility contractors in r1orida n addition to pipeline$ & raadwt,yy5, Mr. Mane>fes upecialli In life new wilttruetion and rehabilitation of i10 and pump stations, having over a decade of experience working specifically with those systems on major capital projects. I- alevant tli Expe(ien{:t'• Fteclalmod Water Main for Area 10, Doi Beach, K - Thie project Includes lha lnslallallon of 5,553 LF of 12-Inch HDPE and 1,737 LF of 6-inch HDPE reclaimed water main instratied by HDD. The work Includes a crossing of FEC Railroad with a 136 LF Jack & bare and Installation of approximately 550 LF of papa and connections by open cut. The work hard to tap coordinated around n tennis tournament, Ilia City's Christians events, and the now year trniidsy Approximslely 15 new ARV6, Itarn[a with slruclural lratlrc-rated maholEis; 10 gale valves and 75 dual check valves are being Installed, along with mill and re- surfacing of the various roadways that have been Impacted. Now Reclaimed WiVI, Maslen Ili- M RepRlacement, a, Pollard Road Wstor Tre"nont Plant: phase 1 - Water Main, Wintor Haven, FL - Due to the tremendous growth & unprecedented migration of peopl4 moving© to the state, especially In central Florida, the City of Winter Haven put out this projecl to uli and ups -size their existing water, reclaimed water, and sanitary force mains throughout li CIIy. They Include 24-Inol) reclaimed water, 24-inch sanitary and 16-inch water main; far a total of approximately 41,900 LF, In addition to the now weler utilities, o 4-inch fiber optic casing is being irtistalled in parallel to achieve the City's goal of providing higher Internet r;I7aods In what has traditionally been a smelter community. A change order for Propresstve Daslgn build (Pli of the now Harmony Master Lift 5laflon Is I in{l Issued to Include trlplcr 12-fool x 14-foot precast wet wells, LED lighlinp, a diesel venerator including 25U gallon lank with 1,000 gallon additional storage cappacity, scrubbers, a new operations building will, telometry lower and ptivsCy wall9, Country Club Ranclres Water Main: Phat;or3 A-C, Miramar, FL - This project lies within (tie Counlry Club Ranches neighborhood and includes 10,850 LF of 6-inch HDPE by HOD methods, 4,950 LF of DIP by Open cut, 90 now gate valves, 35 vew fire hydternts. 100 new services and 29 sample points. Additionally, the new main was connected to the existing by wet tap$ and valve assernblies. NASA J Kennedy Space Center Fiber Communications - This prn1'ect included a single HDD shot of 4,576 LF of 6-inch .2.50" wall steel casing alongg NASA Cswy, The scope also Included welding of the steal pipe to USDOT 49 C -R part 192 1195, and Installetion of 4 x 1-112" Inner condulls stuffed into the casing with mule tape fa final government Installation at a later date. lnslatlation with full slap orders had to eccominoduto NASA launch schedulos„ Bayyshory Drivo Intracoastal Force Main 1peslgnlBulld, Fort Lauderdale, FL - lac Repement & upsixing to 20-inch HDPE of a deteriorated ductile Iron force main along NE gill Street from Middle River Drive, beneath file Intracoastal Walerwey and cormeetIng Into on existing 1B inch main an Baystiore Drive. At the ICWW, the. crossing was reduced from a single 20•Inch pipe to duel 14-inch pipes Thal wefe pulled simultaneously through the same borehole. An both sides of the waterway, DUE Utility Serviccrs constructed a perrnanent by-pass system Willi plug valves so that the City would atwoys be able to maintain an active line in the evcnl of an emergency. 1`hc entire system was built using resilient & fully resiraino d HIVE pipe and fillings, OCAO Dustin E,rtk- President I Project Fxecutivel Driller Mr, Ertle has 17 years of leadership and hands-on management experience in the horizontal directional drilling & utility Industry, As the founder and president of DBE, he has grown the company from performing sub -contract specialty drilling services to award winning, turnkey, larga•scale utility construction. Out -of -the -box thinking and entrepreneurial drive, coupled with visionary leadership have yielded substantial achievements and a track record of performance, Mr. Ertle specializes In fiscal and operationally complex projects utilizing available data and technical analysis, cost management and 8Mf's to provide a superlor outcome pleasing to all stakeholders. Expc,r•ikirticfe An atypical business owner and manager, nor. Ertle is skilled at performing all the job functions of his crewmembers. This includes operating each of the company's HDD rigs and support equipment. He believes that leaders are borne by example and strives to lead as such. " kiIIn t' Define company strategy I Oversee management team r Plan & direct all functions of the company r. Ensure efficient & effective utilization of company resources t Integrate functional capabilities of company to reach financial and operational goals Deploy resources to achieve financial forecast and business objectives Motivate employees for peak engagement & performance Budget & Cost management oversight 1. Contract negotiations J, Cost & Profit analysis ODE urlllty Neovirrs 11397 { Iyjh l;uatl It,%.shatthr•.t rt. 33470 56 r 50fl 3'►t}t# OCAO Collier County 5olicitatlon 22-796SR I~Cll'tM 3- MATERIAL MANOrm, ruRr5is TII1S FORM MUST BE. C:OMPL,i:TI:;I) OR Alit MAY UP DEEMED NON -RESPONSIVE All Bidders Ooll co lll'111 by sigrlatlIN tllaL they will provide the manufacturers and materials outlined in this Bid specifications. including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products pl'l)dLICOd and 1111HILIfidllred in the Slate of Florida as long as the price, fitness and finality acre equal. ENceptions (whotl egllalS tlrc IlcceplRblc) May be requested by compicting the Malc:rial Maanufneulrel' P-.Xceplion List below. Wall exception for 11 Ilia till fact itrer and/or material is proposed and listed below and is not approved by C'ngincer/Project Montag r, Bidder cll;lll R11-10511111C IlinuLiftlCl►Lrer mulled hi Acceptance of this form does not u(mmiwic ticcelllaocc of material prupo5ed on this list. Complete and sign scetion A OR 13, Seelion A (Acceptance of all manufactures and materials in laid speciFwallons) On behalf of my finn, Iconfirm that we will use all manufacturers and matefitlls as specifically oullined in Ilse Bill specific111iolls. C'otllpr+ny: _DB ' NACar;MI NT LLCdba DBE UTILITY SERVTC.>F;S Date: 06f28122 Section I3 (Exception reques(crd to Hid specificattotls manufacturers and materials) I XC E-11TION IMA`i'ERIA1, 2. 3. E,XCETTION N1 NUFAC"TUR1,R _ S. Please insert additional pages as necessary. Sigrlxture: Construction Solicitation Roc rev 04152022 Date 6127/2022 10'17 AM Collier County Solicitation 22.798SR FORM 4 - LIST OF MAJOR sll)[3C:aRI-RAC'.TORS 'I'll IS 1�ORM MUST BE COMPLETED OR 1111) MAY BE DE-EME.D NON-1IFSPONSIVE The till dersigned slittos drat the 110110 sing is it list ttf'the prolimcd subcontractors for ncc major eategorics outlin0d ill the rcquircments Of the Bid specifications. The undersigned acknowledges its responsibility for ensuring tlttd the Subcontractors I'm- the major calagovie:s listed here -in tire"clvalified" (as defined in Ordirlttnce 2017-08 and Sectiml 15 of IrrStrucliUnS to Bidders) wid mact all legal requirements iipplicable to and necessitated by thu Contract Doctimems, including, but oat limited to ptoper 1rccnscs, cerlilicalions, rcgistrndons tend iusuranco coverage. The Owner tvscrvrs the right to disqualify any Bidder who includt�s non -compliant ar lion -qualified Subcortlraclors in its bid offor, Further. the Owi1er mxty direct tic Successful Bidder to removelrcphice tiny Subcontractor. at no additional cost to Owner, which is fctund to he non-comliliflill with this requirentcnl cithcr bcfure or after the issutince of the Award or Contract by Owner. (Allach atltitiorlal Sheets its needed). Ftr1'llicr, the undersigmd acknowledges and agraos that lmomptiy after the Award of Contract, Fund in accordance with the requirements of ilic Contract E7ucumrllts, the Successful Bidder shall idwntily all Subcontractors it intends to use on tic Project. The Ludersig,ned ftll't11Cr itgrees that all Subcontractors subsequently identified far any portion of'work on this Project niust he qualified as noted alsovu, Major Category of Work 4ubconiractc�r ] . l:lcctricttl • Survey 1'2 IJITll.ITY ENGINums 5yo 7._I . pit i- _ t . 3. I'lumhi,-t.11iesloli A. Site Work . Asphall 5. iZ()admy G, Identily other Subcontractors that represent more than 10% of lit -ice ar that ari'col the critical Isatb of tltc schedule RANGE LTNEs TAPPI C'(. LI.1LR PAVING i 24520 PROI i -','I"I /SC, 1,YTTlT RN ON C'IR BONITA Cam ,ur ' 1 I'I'll,l'I Y',I`RVICE,; P X: D13f's ,. ,t:._' 1 .l l..(.. dUn I]13hi 1 ,--_....... 5il;rlttttlr•c, _ �, ,...,. ...._._.�,�.T-�------......-,..,..._��� Corrsirt)o6w) SolicitAlron Doc rev 04152022 Dame: 06128122 MAVEN F1., V2712022 10:17 AM � P� 9 coffer ODUMY Sollollallon 22-7965R I FORNI 5- STATEMENTOF EXPERIENCE OF BIDDER THIS T'ORM muss' n comnxrED Oil BID MAV RE DEI.NED NON-RESPONSIVE/NON- RESPONSIBLE. SUITLKNIENTAL OUA11,11FR"ATION RI-'IQkIII4I.',.)NlFN'IIS - (111r Supplemental climblWarifolm IfIll 1"% o fittl Mete be v(mllictbr.lonpiage il-Uh thA'janjl. The Bidder is required provide rive (5) proIccl references,slaied below, of what Nvoi* ol'similar magnitude completed within the last five (5) years is judge of its experience, skill mid business Mandhig and of* its ahlMy Its conduct the work us completolyand as rapidly as required under the terms of the Agrecomit, I. NL,w ReclalmedWM, Master FM & Pollard Roadffl'll Ph, IWM ___Q!X,o(VyIr1tqr Haven .. .. ........ . ...... (project name) oNviler) 2. 3. 11,500 LF of new 24-inch RCM, FM &WM (includes -IMP, LEED AP, DBIA: Vice Prosident appLox. LF 16-Inch I-10KI M r. Jeff rey Crowle y, PL, CC M, F . ............... .. . .. (Project description) (Owper',r, contact person) (IjIlL.) (l)1'0.jCCt StW'1/C0]IIl}ICIi0II CIMOS) (NIIII'aCt VIIIUC) (01011el (entail) Yi)indana Blyd,z4-Inch Water Main Extension W r A -ftiLty Kissimmee, Osceola .0 ynty,_EL _11-.........-I"....' R.-I i$., (pro ' ject loc-Lifloo') (OwIler's ilddl(Ss) 4115o LF of new KDPE & Certalok PVC water main installed by HDD with fle-ins & reverse wet tap... it ......... ... . . ....... .... ... (project description) (ONVIler's 00111110 IWI$011) (title) February 2019 , Aily Roza $A,37 OR, _j� i g-@ . _qLj�5_ A0.24A gyq!�L _tphowater.com (project start/completion dales) (contract voluc) 010110 -(Cmh i'll ' , , � Water Main Interconnect - Section C (project name) owner) ,§gy.Djpj,i q?a.hjalm Beach COLinty,jop. F. Pc_EL__., .e,, Av,, (project localloni'' (Owner'saddl-c-'s) IrIstallatIon of 5,.soo LFot4a-JnchNUPE byHDD &approx, 5,100 LF of 36", 2q" &26' DIP by open cut. 1.95 crossing. Richard Crow, •Construction - (project description) (Dwncr's contact person) (title) ........ . -.— S., 7PAQQL99___ 95_4i�5+749A (prLIject star0completion dates) (commul value:) (phone) (entail) Con,,Vrijcfloi7 Solicitation Doc rev 04 152022 S)2712022 to 17 AM COX) Collier County Sollblallon 22-706SR 5. OIIN1 5.5TATEn11.N'1' OF EXPI�,lll ,NC E O1-' BI DDI;R Airporl Road IG•inch Water Main f �sr+sgect u;llne) eter Read between Crlades 4k- 1 L, �; s:ulish River, [loco Raton, F (lSrojGc�lilcaliorl)"..,..._.........__.__._....---... lramallalion of 17,000 LF of I6-;nc.11 WM by 011011 cut, -jack_& born, and 1-II31) m,clhocl . -- Illrs:�jrrt dcscrilwticln) C'itk of (3u4.Y.............. ...... _ ,... --- y,....,-....._ {jlr-Ojcct Owner) mctt+y i'ark„Rlyad,_3uc_t Rutcsl>a.l"1.:332, (Owner', addl-c"s) Slctshe—n Decker. P.P. , CGC k'roject„ (Owner's Contact person) [t OO l_ Itvf �C.1.7z. 2.1.55G,....,... ...... ... frajecl ccn}cnl dale) c rit 't nlk ca {hen1�ucunst.rom q h uteosion....._ _perintidlk� Blvd z -inch Water Ma „ _•,�_ (project m n c.) (project loo'llioll) TOI_10 W:lt2r A{Jihority--..__�.,., . ...--- ---- --- _._. (111-oject owner) 95! MLIC Eilvtl hi simrne i ?— ---..m (Owner's address) glrel'ctt dcscri tirinl ...--TE,P � rgeFygr . lc.�pEr.. drill St lots Ion est tleln a s rox, t,500 V ❑ 24 (1 J i ►yrler's contact person) (litle) _ Februaryx alg ioa uly2,o - �;1.9��,5ru-- q°7..94Q2fi ____._.._ �gyrsolenkl)Ixwa gr.ron,�T (pr(jcc:l mliplelion data) (contract value) (phone) Wmail) Compluty: S;�,u:ltisre.: I �4- (-- _.. Unle; G. Water Mhill hlterc��llnect Sccticrn C City of Soyrlton Beach Boynton [leach, Palm Beach county, l-L loo E. Ocean Ave., Boynton (leach, F'L 33435 5,500 LF of 424neh !TOPE • lOtl9cst brill shot Richard Crow, Construction Mar iger being 2,600 Lr rebmary- October mis $2,270,000.00 954.254-7898 rlchcrtlw@)gnrdl.conl C:()rrslrucffal SoUCffalion Doc rev 04/52022 512712022 10 17 AM (c u P. 11 Collier County Solieflation 22-7055R TIiIS FORM MIiS`7' Ei a (:()144I'E..ts'i'1~;tx Oil BID MAY ELF W.F.n-1E D NON-REISPONSWI,.. Bidder acknowlcdges that included in tits various i1wils orthe bid altd in the'l-atal I9id Ill -ice are costs !'or complying wills the Florida Trench Safety Act (90-90. Laws of Viorida) effeclive October 1, 109O. The Ridder further identifies the cast to lie wminariied below: Trench Safety Ullils of Uttil Unit Extendcd Cga Measure Met�surt�( Fait? j Cr SI tl')esctililiottl �I.I, .,51`1 1. 2. 3. 4. 5. SLOPE LF 20,000 l .no 20,000 T(TAL S 20.r1r}R.Oq Compan),..DBE [ ,I3rv[I::N'r ux dbo„C]BF U'I H ITY SERVICES Sigtt;tture; Cor)struction Solicitation Doc rov 04152022 512712027 10,17 AM I)atc; i 6/28/22 AS) P. 12 Calljor County Solicaalion 22.7965R ........... — ------- FORM 7 - III D RON D TIIIS FORM NIUST RE CO N'l PI F" IT 1) Oil fill) NIAN, BM DKENIED RESPON IS] 11.11. Borvi NWilibw 77972-IN r-2206 KNOW A1.1. M I N BY T[ II,-.SI I PRI.-ISENTS, thal w,: DIN- MANAGEME XF LLC clbo DBE U rl(.1TY SERVICU-S flicre-in v Ra called 1he Priliciplil) and l�-S-P@r m 0 1 (hercill Called [lie surety), a Col-pol-atioll Chartered and vxkailm undurt1w laws ol'11w Stale ol . ...... --NY laity ils prillolpal 105ces in the city ill' Plypiputh, MN ;111LI ulidwrVed 10 (to 17115illOSS ill 1-1110 S1.1tv ul' Florida arc licid and fil-111IN, hound tillio the Soarcl of Cotinty Conimi5sionerr, of Collior County. Florida of Fivo Porceill.ol Amount Laid AAXIXX. 5 % goild 1111d lawI111 Illonq of Illu Ullitkul Slates ul'Ailm mi. to be paid upil LIL-OliMd f3l'thC OW1101', 10 Whid) pavillunt Nvoll told ll'tl]Y to ho 111aciu, tilt! Principal '111d the skliv.ty bind flicnischws, their heirs, lilld CXMILOVi, ildillilliqll'alurs. ,Ir)kl ;m-dipis,joinfly and Severally and Imilly by Ihese prowl�, Whurcoa;, 1ho I'rincip:fl is abovil lit Submit, ol. Nos millillind to tile Owner, it W I'm- furnishing isli labor, materials, quillniclit and incidelitals necessary it) furnish. ilvowill, ;and fully mimpleta ilia Work on flic Prkijoci known as Hid No. 22-7965it ('10(leil Gule City'I'l-ansmhO nit W-met, kInin Impt,ownienis Phase 2. Nf.')W, T1 IFIREFORk, Wilic ( 1wiler shall accept 11w Hid ot'llw PRINCIPAL aild the PIUM , '111AL shall emcr illW IIIC required Agromnom with Ow, Owner lanai withill lea kjay.s after the (tile of'.1 written Notice of Award in ticcor&lwe wilh the (Cl-lils ol'such 13i(l, and give such hond or boods in mi anintim ail' [00% ill(., total Commut Amoom Ps spee-irwd ill tjiv Biddillt,' DOCIMICIUS OrCOVU:Jct I)ocLllllolllq will good and Sufi 'i6ow surely Jbi- the fitithl'ut perflormunix of the Agivkmicill and for the prompt pay mend ell' labor, mulcrials and supplies furnk-4-d in the prowculioll 11101-Col'or, in tho vVellk (it' lk railure ol'ilic fill NCI M1. to untur into skied Agmmwnt or to give such hand nr bonds, and ddiver to Owner the retliflivi certilkates diusuranw, H'the PRINCIPAL Shull pay to 111C Oftl the 1I.XCd SLIM of"X 5% Imled f1hovv as F(jiliduied thillulps, and not tis 11 Imulky, w; provided in the Bidding Own this cihligatitln sh,111 tic 1101 luld void, atherwiw in remain in Ibil force and coact, IN 'I'I'S'11MONY Thcmol', the Princilml and surety have caused Ihov pl-tzinils to be duly signed and Noaled this 23 rd day ol'..--_.J U 20 22 0 AN r,-'M-- Principal . . . . . ............. . . ... . ... - Atlantic Specialty tmwanre CompanySurely . .. .. ........... . . ........ V L1-- -n-;v Nomliv.f W334270 0 h 11 D V., i Od - on 44, Aq, C CE! 1,�N I)A Appointed Producing Agat ..... . ... . .. . .... . .. . ......... W2 82022 10; 11 AM it i3 L'i�ritact NSURANCE ;--tf]vI'i.�l' 5irrriy Rural No: 77972-INT-2206 I'dimpal: 0,13-E. MANAGEMENT, LLt; DBA DBE U11LITY SERVIGE', r'ahlilwvl Suard of Cownty Comul isalorters of Collier Co niy, Florida M M.I. KILN 1.1Y'1111SSH I1IIF'SFNTS, Iliac A I I,AN I k�. iI1FtAAI.TY INSUIIANC:It C:L1MPANY, if Nuw Ynrli forpurarinn with Its llrlllcipal ufficu in I'lymewil, ft l It Illummi, dnra herrhy con sl hole and 8p1it1111V MariYa Lcoriidov , t•arh inrtivl ritiall1' if Ilierr Ill. 11111111 than cute itattlwal, its In1e r1tn1 Iawrlll Atromey in•I Melt 1n nialcr, rseculc, rt:ill and tirllvcr, foranll fin ny huholi rill Ialnlis. ft'+:ut',oWALlt.rti, 1 Inln,1(6 ul Indvntnity, ,Irirl all tllhrr taritBlgs rrbhgutmy In the nnun'I' Iht-'ufI; plovidtwl IIml no Ito n1i ur tlndfrll: I,itlV, t'arcIIIVJ ungli t Illi% 0111r1l'ily shillI rx[rc'I in anlritlnl Iht'snIll I ; lullimiled A116 Ian• t•NrcntifIll nf'suCil tWrILIS, rrL'uglu'r8nt't's. 1 ,11111,1, 1S A iurlemilily. and ;Ill IIIIIt'f wFllililo Ill{}IllilIIIIy ill ihr ii,itttr4 thNit-or in lwi,mwlot y n1 IhetiN presvmi. shoII Ilp Its Imillinl; upon slut C4ftrpimy;,.% if Illey had heel fully ti I l;u lvl IIN' iIIi lull Iol ILrtl Of rill I, oI iIle CuIll Ifa1ty 4111t1 waled w I I II the CUulp.ul,Y seal, `hhltt I'vivor sif AIto liwy i4 muesli anti rArrtIit'll by,Itltbori I of rhr fillk Iw;nI, ri;ao lill lIII E 41101Ited ht IIIV I,nmd of 1llrer-lors of ATLANTIC SP13C'.IALTY INSURAN{:fi {;:L}4iPANY iM lit!, iwentyIiltli (ky of Seprerlitler, 201 : Hu�olved; Thal Ihr }rn'sidt+nl, ally Scnifir Virc' Plriirlelil or Vlct-President (vadi an "Aulh)rireti Officer") m:,y t uctsu fur Anil in W11nH' of flle COInpally anyand .111 hnnrlc, ttrcngrllr.7ncrx, rontracts nl ifldelnlnly, owl all gullet' writilllgs ublil;atol'y in the moue thereof, mill •11IN the sr411. llf d1r., Company therom and thin Ihr An111111MId 01`11 vrr 011y appninl anew aulhnlirr rm Amino^yin•Prlel a1 M!fAilr Ili brh,,lr urihr I;ompan.y ally +u ll All Nach 111ml-tfiliellls allil Ili affix the t:olalh,11t1' Sual lhcrrtlrs, Alld 111111 Ili' AtILINWIBed 01ker fitly fit Any' itlnc 101110 a anY such Aim, lu'Y-11`1-1 ad Mull It•vuhr ,111 ptiwt-I moll .ltnhurtly give+il lu any such Atioruey Ili- I-arl. Itesolved: 'I'lim tire. Milo nrs m-PAcl Imli Is•, ;urn full polmw arui atHhlarity it) wTt.cule for Mull lu ill! n WIV alilt will behlllr of tfll! t:flllip:llly w y 11111 all I)t11111`'• Irlvtgnlx•lncrs, ronrf,rt11 of Indl'onlliry, .toll ,III ollmr turning+; nhlfgilltlry Ill Illkk monfe iberruf, inld mqY ,uc,ll itltintuhrnl emwulyd hyany auc'll Allulin!yih•Tar, shall hr a4 bindinll upon lilt! C;nn11mi kid sigiped ,lid w4ilml by an Atitilneiretl [,lffleer alit{, lullht'r, liitl Atiorney-in-hacl I{ limeby mitliort;emd to verify any LflidnyiL rerlhired to lic— atrlchrd if) Iloildi. rnt'ul;oirancus, runu•itif, all indcrmuityr and all other writings nhligoupl'y lit (Ili, rlalitic Ibrrenl. I 5, Ii of duntncy is slglml alld scalml by falsimIIt! ill dwr the &IIIlmily of the fellwilig i v'mlmimi itdopird by the Millard nl I'lirectrlts crr A11.AN'1'IC.` SPEC IAI;IV 1:,•, I:lI 0:1 P c;CINWANY all the nvauly-liflh day nl Scpueniher, L11112: Itmolyetl: That the sigrulnure ol'im AwlivrluA Clffic'er, Ilia si};n,'lltow of the .St;( NIIryi Fir lhr AssiSGtill 51!4:rr:l;Iry, Mink Ihr Capinpanh Swal niq he hffiml by Iacsim0e if) any power of allnl fry in leo any rortl0l"Irt• lul,iling thereho appolnlhip, ioi Allnrney-111•hacl rut Ir111liuseti rnily Of 1.'!cl'cnling and seallug Any band, mulmmking. recogniouirr• fir tIIl101 turdu•n libliAlIlia0 i11111e 11a11lrt' Ihclt'uf, mill fitly sur:h mplIltirw anil well svlll•rr tin utirrl, twill;, ht5,'t+hy adupled by IHe C:unyYml its the orighlal s1gliarum ul such 01 filer .Ind 1111? or'lgtnnl seal tot III(! Cunlpnny, 11) be valid anal hll,dinll uliun the C 411111 au,y with die %kim. rtitrli and cclfacl a4 llloul;h Illalltl:,uy � rcm J 1N tii+l'1'N1,4i 1V111iItP.1:}I , A I I AN 1'l[.. SI11:['IAI.. I Y I1 iIJItA\f:lr. l';l:l\1f'r1N1' Itcls isnu:rtl hoist, presullm 1,1 he sigawl liy ail Atilhurfxril t')ffic.cr laic! the Sall u111W f",nmpftny to I11.• :I I II1:egl Ihls I\1'Cllly•SwVI'ISIh day Sit April. 211.tti- ,5'•• I'rrl ryrr'•M1nr. � f' µwe •1 1 r1 �U�M /� SII iq L ill 1i18fi gl it 51 rl'I'!- C11: MINNFISOVA � + 11'l' yell 4��+ maul I, R11'11111,!iNninr Virr I'rt'3ulent IIIr.NNHIIN COUNTY� `r On Ihil twenty-StIvolull day elf Aprll, 2020, i)efure lilt perstilially c1apm! hill J. 1.1whni, SGnier Virr, Presidem 01 A I'I,AN11C 511WAAI..TY WNURANE:L' CnMPANY, to not personally known Ill lit lilt ind'Iv,tlual and nffil;l!r cicsrriht•al in mill trill) vtleI.l1IL 1 the plelsding inylivuluill, and lit, ac:ktlnwledglaf the exectnlnn dPdle same• and heinl, by nit' cftil.y W0111, 111a1 11e is the said Ohm of Ilw Company of mesahi, and th,t1 lilt' sell{ affixed f, the precetiluµ i mmnicnrnl ih Oil, aril! tit salt{ I;,unlp•wty .old Owl the gotd semi and Ili! SIAMAIulN ill such nfflcor wlis duly ilfflxecl will subse fl,It'd 141 the said insuiu„1'nt by OW audlclrhy 4111t1 ,u lilt! filn'I:hun of dlr r:nmpnny, fox ALV60N DWAN kASH•TROI]T " aS' NOfARYPUBL{G'rdINNESOTe �� My CommIss1or1 Eicplra9 January 31, 2026 \rnx16� I'uhlir err I, IhNnntler.slgned, Seluvlary it[ A I'LAN'TIC $IlECIA1A Y INSURAW F 1.0M PANY, a lVew York Corp l-all n, dc, howll,y m'llily that Ille Inn!gainp, power of a tompy i0lt Ilil' forreand has nm tlean wyalipd, will tile. rr•5nhlHnits set forth allow, arc now in {brig. 5iguelrl,wd s•vlltrl, l med--_.,_.2ard._._.. Illy vl Junn 20.2g, 1 r+agt,y ay ronPol}qr�,�.F aEAL, MI. Of IV fa•' f 1 he�.vr KWil Harrow, tic II110 y I•INlltit' rlll'l't'I 1it111d Yrrllil'nlIUI1F IIf 411ry'Sj:f{f?LI4ir1C{I lfiUrikl)tii'.'-151,11 specialty 5t}lllti4r15 BQ-!�fd Atlantic Specialty Insurance Company Poriod l:llgdtl 12r1f7;lL121 OWars aisp ,7yva in fhOU Srtnd5 Adnllslud A9sats ilahlNuoe and $urplua Inwsimunig L111blllugn DONS S 1,927,2{r7 LOB# i;B6�h04 � 1 as2,tl47 Pfeff:frad SIDOxa Lvss AdjLalrnenl @xpanan Reserves 347`405 CamnaU siocs,a W7.728 TOO Lou d. LAI? Rammas �,32(i,7A6 Mwl iqa Laane Real Estate Unearned Provlu m f�gsofi G95,9$5 CnNtacl tAAni Talal Nelnrumnce Llvwd4ie*, 2d,1t3U Uorivalisus CG jnli;SWn3 Other hxpcnses, and taxds dun nMa Cash, Ca4h Uiuwaienrs P, Shgn TPrrn In4a9lfntMs V7d.741 DaOyatim Other 111WO11arils 20.131 Payable IoPurenl, awbu of Ali Tatnl Cush A InvoUrnehtf, a,9�G�I,341 All CANN LId1*1408 442.3,16 Premiums end CCallsjWelal9 DJO 280.964 Taut! Lin blllpes 2,506,525 R*1iUvrdne0 faaccvelanla 24,145 ReCeiwple horn PrreM, Sulitlidiery orAii B6,353 Capital and Surplus All Olhor AdmittRd Ayt i 5A,G4(} Common Cali Slook 9.V01 hfrifattud Copllnl Block Totifl Admlttafi passes 3.319.479 $Urnlus Nales V41alisivind oUIPlus tG5508 Other Including GelM f''ohlrihuied 677?A7 Copllai S Surplus P161,. ` Total Ll01119asand CdS 3,35U,471 State of Minnesota County of Hennepin 1, Kam Barrow, Secretary OJ'Atltu7tic S1i{:6111y the foregoing IMW111Clxt k a corrmt exhibit Company, on the 3 1 " day of December, 2021, knowledge and belief, jtiSllTU11CC Company do hli i il`y that of the assets and liabilities of the said accli, to the best of my information, — --- fSe�r•ercr�•ar Subscribed and sworn to, before me, a Notary Public of the State ol` Mitillesota Oil this 14"' clay of March, 2022. Nvrai:v Public. KUPRI RIECHERS Notary Public My t~Llit1missiOtt Expiros January 31, 2025 Mlnno" + � C,umessaorr f ids Jau'ry J 1, 7Q"t5 Celller County ScIldialion 22.7965R FORNI 8- INSURANCE AND BONDING REQUIREMENTS The Vendor Shull at ils own expense, carry and maintain ittsttranee c0vcr,0ge 11rctn11 re9p01►siblc VL1nljElarliCS duly tunhoria.Qd In cln klusilts sti in the State ofF lorida as sel fos-th in FORN•1 S of this solicitation. 'Fite Vendor shall procure and maisliain property i11mmillu upon Tile {Mire projecl, if're( aired, to 11w cull insurublc value of tlic scope ofwork. II1C Collllly tlrld till' Wticlor %valve against each other and file Counly's Separale Vendur5, Contractors, Deliign Collsultmil. Subcontractors, lignis and employees ofcoch tend all ol'thcm, 1111 damages covered by prolvoy insurance provided herein, except such rights as they map 11HVV 10 the pmceetls al'sueh insurance. T)w Vtmdur and County shall, wheie upproprialt, rwrlui1V similar waivers orI uhrogatian rronl the C aunty's separate Vendors. Design C'mISL111a11t8 and Subcowractors and shall require caefr 01' illcnl 10 include similar waivers ili their contract%, Collier County shall be respomible f(u• 11t11'C MS!Ilg rilld M-EdIlltlinillg Its own liability insimmee. C'erlificittcs issued ,1s It mull 011,111c 11"Pard elf this soliQilaliUlt moot Identify "1"01' 1uty:1nrl all %York performed an hellall' of C'ollner Cotinty", or, (lie %ltecthc sollclhl,tion number and title, 'rho General Liability Policy provided by Vendor l0 mcet the r quirements of (Ills sollcitatiort shall naI11C Collier County, Florida. as till additional insured as i0 the 0peraliowS of Vendor under this soliciiallon ail shall contain a severability or inleres1% provisions. The Certificate Holder shall be Ilai)lCd 05 Collier (701[111(y BO;lyd Of ('01111ty COIIIIIINM011e1'5, Olt., i3o8rd of Catty Coll inlissianers ill Collier Comity, OR Collier County Government. OIL Collier C outlly, 'rhw Cerlilictl(cs orinsurance rntist state (he Contract Number, or Project Number, or specific: Prcljccf dewiption, 0r most rend: For any and ill) work performed oil behalf of C''ollier Caumy. ,I 11C amounts and typos of fnsuranw cuvernge shall conforin it) the minimum rcquirement5 set forlh in T'ORM 9 with the use of, insurance Services 01,fice (iSO) farms and endorsements or their ecluivalems. if Vendor has any self- insuretl mnontiom or deductibles under any of the below lisled rninirltunl regtircd coverage, Vendor roust identify on the C'ertilioate of Insurance the nature and alnclunl of ';Lleh self• irlsured retentions or deductibles acid provide salisfactory evidence of f inullcifll wspomibiIlly for %tell t tbfigalions. All sell -insured retentions or dcdtrclibles will be: Vendor's slue responsibility. C uverage.(,sj shall be timi11tailied withslul inwi-ruption rrotll 11w ditto of cwlm uncemeril of ilia! Work imill the date of complelipn And 11"eintillee clfthc scope of work by life Counly ores specified in this soliciiaticln, whichever is lorigl•r. 'File Vender and/or its insurancc omvicx shall pixivide thirty (30) days written Ilrltice to the C'ollnly 01' Iaolicy ersnccllation or non-rcilmal on the earl of the insurance carrier or tits Vender, The Vendor shall rtls0 llkAily the Comity, in it like mllmler, withirl ttveuty-(our (24) hours after rcceipf, ofany 1106ccs slfexpiration, cancellation, I1011- renewal or inalcrial change in coverage or limits received by Vendor fl'0111 ilS ialsurer and nothing conlaitled herein Shall relieve Vclldol. Of 011s requircrllent 10 provide notice. In the even( of a reductiarl in the aggregaic limit of any police to be provided by Vendor hereunder. Vendor shall immediately lake steps to linve the aggregate limit reinstatell to the full exicilt PurilliliNd under such policy, Should at tiny lilac Iho Vendor not lrinfni,lill the iwllrlllee LOWM80j'j, requtrod herein, the (County rally lermillate the Agrcoment or to its stale diserction shrill be awhoriud to purchase such covertl,i}.cjSj and Omrge the Vendor liar such coverugcrs) purchased. If Vendor !'ails to reimburse tllc County rot, such costs within thirty 130) days slier domand, ale calmly 111Iti the right t0 oliset these c09s ftWil any a11101int dtle Vendor Lindetr this Agrmwn( or any Other agrcciiwol between the C'nunty and Venciur,1"11C C'utlnly shall be under no obliplivn 1011urehase such insurance, nor shall it be responsible tilr the coverageW purchascd or the insurance company or companies used, 'Thc decision of lice ('0111115, to purchase snah insurance covcraguW Shill in ms way be construed to be o wtliver ol'slny of its rightN under the Conlrllct Documents. if the iniliaf or any subsequently issued C'ertifiome of lu mrance expires prior to the completion of-111e scope of work, the Vendor Shall furnish to the County renewal or replacement C'erlilicxtc(s) of Inhurinlce not later, thiul ten (10) ertlendar days afli:r the c-,piralion Little Oil the uerlirmile. Failure, ortlte Vcndc,r to provide dlc C'ounly with such ronewal cerlificatcts) Awl] be considered juslilicalion I1ir rite County Its lermirwe any rill([ all contracts. 312712022 10:17 AM ICAC3 p. 14 .... -e Colffer County Soficilallon 22.7965R Collicr County F'lorldit Insurance And Bonding Requirements 1alsuranec f B01)sl'f'yl►t. Required Limits I. Worker's C ompensalion 4lailnlury Limils of Florida Stauatcs, C hopter 440 and all federal Govemmunl Stalwory Limits and Rctluirements Evidence of Workers' C ompensotion coverage or it C'erfiiicate of Exemption iastwd by the State ofFlorida is required. Fiotitics that are formed as Sole Propriclorships shall not be required to provide 0 proof'of exemption, An application for exemption Can btu ohttained online at 2.. 1':ntployer's Liability `ti 1,000,000 single limit per occurrence 3. Commercial General Bodily lnjury and Properly Damogo (.debility (Occurrence Varmy patterned after Ilic $,_1,000,000sinvlc limit per ocetnruncc, S2.000,000 1aggregme for Bodily lnjnry currant ISO farm Liability sand Property Dfimage Liability. The General AL-,grcgate Limit Shall be endorsed ua apply per project. 'I.11is sliall iwitide Pri mises and Operations, lndcpendQw Contniclors: Products and C'omplctcd Operations and Contractual I.,lability. 4, ®Incicmnilicalirarr 'I'o the nlaximunl ex{cnt porttlitled by I,'lunidai lam,, the Contractor/Vendor shall defend, indemnify and hold ht+rnllcss C'allier Cnusity. its raflicers and crTipluyce; f'rnnl any and ttil lifahilities, damages, IOSSC� and casts, including. !lull nol limited to. rca:;onablc attorneys' fees turd paralegals' Im,, to the extent caused by the negligence, recklessness, or imenlionally wrongful wnducl ,)khc Contractor/ Vendor Or anyone cn111loy0(l ()r ulili'r_ed by 111e C 0111 l.clorNeador in the performance of this Agreement. S. Automobile Liability S_I,111tH1r000 I::ach Occurrence; Bodily Inju1), & h-operty Damage. {7wne(VN1on-owncdll-lircd, Automobile Included 6® C?tllea insuranuO flw ❑ IWaIVU1111 5..., _ _..._._... Per Occurrence atcitetL ❑ United Slates Longshoreman's and i larborworkcr's Act eovcrage 51mil be maintained where applicable to the completion of.the work. $ Ver ouctnrrolce 0 M aridnic C'om-age 0oncs Act) Shall Ile 111111TlInined where applickiblc to tilt compleliran ofthe work. S Per (. cvurrence ❑ Aircrali Liability coverage shall be carried in limils of flat less than $5,000,000 each oecetrrence il`applictnb1V to the compaction of lbe 1-5e1viccs under this Agareme nil, $ Per Occurrence Pollntians $ 1,000,000 PCI'O CUr1WICC © Proft~ssiomd Disability $ � Per claim K. in II1e ggreptc ❑ Projacl Profcasional Liability S— Per Occurrence ❑ Vt1lu.able ll apcns limirance $ Per occurrrncc © (yber Lislbilit3 Per Occurrence [_] 'Fechnology f".rrors & Omissiolis S PCI' OcCurrerlcm 6127l2022 10:17 AM CCALU P, 15 Collier County Sulleilation 22.7955R 7. 9 Bid bond Shall br subinillH with proposal response in the fclrnt ui`cortiiied funds, cashiers' check or an irre' ocable Idler of mclit, a cash band posted with the County Clerk, or Proposal bond ill ;I stern equal to 56% of the Cotii proposal, All checks shall be made payablo to the Collier County Board of County Commis%kmers on a bank or trust cnniparly located in the Smile (11'I71orida and insured by the Vedcral Deposil lnstlruntc Corporation. K,F71 I'L'd"fnl'ET]kn1GC will praajects in excess or $200,000, honds shall be submilted with the executed Pa),111 111 Bonds comract by Ilroposm, receiving, akv,ird, and written For 1001/4, CA' the Contract award ammo 1. the alai horric by 11w Proposer receiving im award. The Performance and Payment lionds shall Ile underwritten by a surety aullrorized to do business in the Suto of Florida kiod whenvise acceptablo it) Owner; provided, however, the 5iirety shall be rated as "A-- or better 05 it) gcnerkrt policy holder,,; ralinb mid C"hiss V c}r higher rating as to fiinaiwial sire category kind 111C tunatint required shall not exceed 5% nF the mponed policy holdout surplus, Lill its reporlud in the most Current But 1Ccy Rating Guide, published by A.M. 13cst C'ompimy, Inc, of 75 141,111oll SlITC1, Net+' York, New York 10038, Q, Z Veildor Aall vinurc that all subcontrm:tclrs comply with the same irtsur;tllcc rCtltl[rt;rltcllts knelt Ile l4 rc(juircd 10 Inca. The snlne Verldol, shrill provide County with certilientu or insurance meeting the required insurances provisions. 10. ® Collier County muse be named as "ADDITIONAL 1NSIiREA)" on kite 111SUr[I11CC (,.CN liatttw i'or C.o mercinl General Liability where required. This i isurance shall be primary and nun,icontrib►itory with respect to any sober insurance maimalned by, or uv[iilable for khc benclit of, the Addilicuml Insured and the Vendor's policy shall be eudursed aucurding,ly, It. Z The C'CrtifirMC Holder shall be mimed 8s C61lier County Board of'County Commissioncrs, OR. Board of County t; ommissicirinrs in Collier County, OR Collier Counly CTaaV['r1ii11Cnt, OR C aallitr C'tiunky. The Corti licittes of Insurmlee must state the Contrlicl Nomber, or i'i'oject Number, or specific l'rc&ct descripilon, or must rokrd: i'or any and all work pul-forrncd ou bcllirlfoal'CollierC'ounty, 12. ® Oil all rerliFicall", the Certlllrale Ilol&r must rend: Collier C'oultly Board of Commissionrrs, 3295 Tanliumi I'mil Bust, Naples, Fl, 34112 1 Thirty (30) Days t:taneellatian Notice required. 14. C'ollior Coi,m y ilulI prod ;, kt1aA-m Builders Risk Insurance ou till comtruclicln prgjemwhere it is deemed nea:Mafy-'Silch overagc shall br endorsed to raver the interests of Collier County Its woll as the Contractor. PFC111 unis shrill be lulled to the projt<.ct and the Contractor SIM11 not include Bijildors Risk premiums in its pioject proposal or prta.jcct billings. All questions regarding Builders Risk lnsurancr wili be nddrmwd by the Collier County Risk Malls ,ellient Division. Vendor's Insurance Acceptance By Submission of the bite Vendor accepts and underslands the insurance requirements of'thm specifivetions mid Alai the evidence of insurability may be required wilhin live (5) days of Ilic: awtird ofibis solicitation. The insurance submilrcd nitist provide coverage for a ininim[tin ol'six (6) rnorl hs Crorn the date ol'award. Gr27r2022 '10 17 AM (-ok) p. 1G Collier COUNY Solicitation 22-796SR or County Procurement ServiCes I MSion Irmum The VAmdor cerdfics elate, to the best of its knowledge and bulicf, Ilse past and eurmoil work on any C'nllitr Cuuuiy project aftilialcd with this solicitation does not pose ;ill organizational conflict as described by one of the three categoric{ below: Biased ground rules — The firm Isar not sot the "grourul rules" I'nr afi'iliated lmt or current Collier County project identified above Ie,g,., wriling a proc,urcnicrit's statcmcllt of work, specifiiculioitr, or performing systems ctigincering rind technical direction (br the proctuvrtle=it) which appears to skc%v tite competition in f ivor of my firm. Impaired objeclivity—'I-l1C Firm has nol performed work on an affiliated past or current Collier C'otulty project identified above to evaluate proposals 1 past perfol•niancv of itself or a competitor, which calls into cluos~tion the contractor'& ability to render irlipardnl ndvicc to the governinent. Urmc)ual swcem to Inrornialion —The lirni has 11471 had ttcccsw to nonpublic information as part of its port6rinance of it Collier County project identified above which inay have pmvided 111c contractor (or all affiliate) with an unf oir competitive advantage in current or future solicitations and cnlitraefs. In addition to this signc;d affidavit, the contractor 1 vendor nitist provide (lie falhawing: . All clnCuniams produced 0 a result of the work completed in the past or currently being, >,rorked on for tiic alaove- mentioned projec(; and, 2. Indicnte if the information produced wsrs obtained as a matter of public rgC4>tA (in 111e "sallsliinc") or throtigh non- pnl)liG (dirt Ill ilia convorsatioli ("), mectirig(s). doctimentOO tirtdlor rifler means, it;oilurc to disclose All lituts viol or having an orgMimlional Conflict In ono or more of the three categorics throve be identified, may result in the disqualification for future solicitations offiliated Mill the ubove referenced prgject(s). By the si,gmittire below, lire firm (e mployces, officers and?or agenis) certifies, and hereby discloses, that, to tire: best of f i it knowledge send bclief, all r•olevttsll facts coiicernin , past. present, ill currently planned interest or activity (financial, coil trac:tua1, organizational, or olhrrwiso) which relates to the prgjcct identilied above has been fully disclosed and dots nat pose an nrgani'rtttiorial c0nllict, DBE" MANA ' " :NT Let:' dim I R13, UTILITY SIERVICE".S _..... � .�. ,......_...........-...-.--Company h:trlto . '�.- � ��•� Signiuurc 1)tNTIN FR'1'11" • PRI'SWI'r.NT Print Nnine and Tills State of FLORIDA (.,ounty clf_ PALM BEACH 'I'Iic forogoitlg insu•timent was uokomledged before inc by means cif" M physical rdsenc emline notarization. this 28111 day al!LlNI:(mon(h), _...�I � Iye tr), by C]US'I'IN E;I lX of person t c • i iwIed ,in 0. 11EC` OR Mf:N1aSF�5 (Si ntitur i _'!a�` � uhlic -yenta of Florida)F 41YC l,1IS5lOhlt1I1t1261<926 ^^ _ - ' ..� t:xPJltJti:lW :ay 30, 2tf2G �. �,17e,'- (Print, Type, or Stamp Cormniss)oned Name of'Notary Public) I'ersontilly Known OR rrrc,chiced lderifilic,ilion IT-100NALLY KNOWN .. Typeoflclentilicoffon Produced 512712022 10,17 AM e R. 17 Collier County Wicilation 22-Z96SR Comer Cou ty Pr =)mment Services Wslon FORM 10-- VENDOR DECLARATION STATEMENT BOARD C)F" C'f LINTY C'0MINUSSIONI-IRS Collier C'oumy Governmem Complex Naples, F loridn 34112 Dear ConaanissinnCrs: 'mo tit►dcrsigraeCl, Rs Vendor dcC:llu'rs that this response is made without comtccilon or arrnnaement with any other person and this proposal is in every respeet fair and made* in good Kith, without col legion or Rawl. The Vcrufor hereby declares the instructions, purchase order terms and condifions, reguirernents, and specificationsfscope of work or this solicitation have ben Fully t:xrtmined Cnad accepted. The Veil CIO I. agr'ces, if Ibis soIiciI'll lon submiItal is accepted, to uxccutc a Col Iicr courtly ducuill cnI for Ilse purpose of establishing a formal contractual rcltttloollip helween the firm and Collier C(Affily, for lite purbrrrtunce ofall requircntcnls it) which file solicitation permins. The Vendor states thm the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agveew that if' awarded a contract for. Iltcse goods arld/ur• services, tine veaulur will not be eligible to compete, submif it proposal, be amirded, or perform ns a sub - vendor for ally ruture mmocinted with work that is a result of this awurdcd controm 1N WITNESS WHI"REOP, 14'Fi have hcreunto suhscrilyccl our taamek ern this?8T� I Ctriy of^,1UN13,,,,,_.�.,__, 2022in the County of PAI,IbI_:BmC',1..I.t in the Suite of FLORIDA Firm's Legal Nanm Address: City, Slate. Zip Code-, Florida Certiricnic of Authority Docurtaent Number Feder,.d Tax Identification Number *C'C R 4 or CA0E Code *6my irGrow Funded Telephone: Email: Signature: by: (Typed and writlen ) Title; 5127/2022 1017 AM DBE MANAC,EMENT IAA dba 1)I3E UTILITY SFRVICES 13387 BRYAN RD LOXAIIATCHEE FL 33470 P04000088463 20-1331070 %1-509-3708 DUSTIN f31012- PRESIDUNT Collier Cotinly SOHOWn 220965P Send payinelits to, [required if diRMI ADIn ahave) CoulaO mullo: TV - Address: City, State, ZITI Addifiowil Contact hifornintion DRU MANAGUMI-NT I JT dha DB1--', UTIIXI N' Y--'KNICES Company name used as p'lyk�c D(STIN FRITF. ADN41N & ITI-MIANT 13387 BRYAN lilt) LOW IATCNER I'l. 33470 'rcieplione: 561-508-3708 AM& C1.AMOUREUXIM1 FIDD90M & 0ERT1..U@V)BEUTHATYSFRVICE&C0h,I Office servicing Collier SAM4- C"Clulity to place Orders (rcquiruj irdifferew Omni above) Ca"WCt umns nw. Address: City, Static, ZIP IwWphone: Ernuu: Secondary Contud tier Ihis Solicitation: Email: 1410ne: 5127/2022 10:17 AM P. 10 Collier County Solidiallon 22.7965R COLUeY COaftty Procurement Services Division FORM 1 I» IMMIGRATION AFIrIDAVITCE.RTIFIC ATION Phis Anicinvil is rc(luiretl and should be signed, nolari•red by nn authorized principal of the firm and submitted wilh rarnial salicitutivll tubiltittals, I4irther, Vendors are required to be enrollcd in tha E-Verify prognani, and provide acceptablc evidence or their enrollmenl, at the time of the sul,inissioll of the Vtndor's bid. Aceepl.tt)4evidenu consists oI'a copy of the properly completed E-Verify Company i'rotifc luigc or a copy cof tlic fully executed L-Verify Me:niorillIdUrn of UlICICrstlinding raor tits company which will be produced at the time ofthc submission ul'the Vendor's laid or within tivc (5) day of'tiic Cnunty'c Noticc of'Rccaminocnd Award. FA1 1RI, -1-0 CAE CIrI'>E THIS AFFIDAVIT CERTIFICATION AND SUL3 LE 1V T VENDOW PROPOSAIJBI1) NIAV I)I?E'NI'rilE VENDOR NON-RI;SPONSIVtl. Collier Couwy will not intentionally award County Commas to any Vendor who knoivingly employs unawhorized alieii workers, eonstitiuiitig a violation of the employment provision contained in 8 U.S.C. Scc:tison 1324 a(e) Section 274A(e) ofthe Imilligrut;on grid NMiconality Act ("INA"). Collier (,'polity 11lay Consider the employment by any Vendor of unatilhcorived aliens a violation of Section 274A N) ofthe INA, Such Violution by the recipient of lire C?niphoymeat Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral torminution of the contract by Collier County. Vendor attests that they are fully conotiliastt with all titrlilieai+le illimigralioll laws (specilleally is the 1086 lnittiigrali(on Act and subsequent Ani ndment(s)) (hat It ;5 aware of and in compliance with the �rtltil Itiridtt -5I;iltitC.;4 §4'Ikl..(7 , ii11d ogr'C� to =Ilply with the provisions of the Memorandurn of Underswading with I -Verify sand to provide proof of en1-0111ncnt in The: Employment Eligibility Vcrificalion System (E-Verify), operated by the DvIlartment of l-lonicland Security ill Partnership wilh (lie Social Security Administration at the time of stibriiission of the Vendor's propomMild. DBE. MANAGE LLC: dba I)1:3B LITIL.I'IY SERViC13S --- --- - �- C'iompanyName ature DUSTIN ERTI. E - PRESI DENT print Name and Title State ()I' FLORIDA Counly Of' .Y!I�,�.( I3E Afvl j— The foregoing inslrunten( ivas acknowledged belbre me by mClTts CW Q physicfol pt•escn c o Cl (inure aptariation, tilis----281T day oi' _�(JNI:: (rtinitili), 202� tycttr). by aUS7'IN E:RTLE �(iranoe of person acknowWgirt 0((ff J ! }IF'C'I'DR fvlENf"sSES fiJ h1YCOMMISSION++HH268926 (Signale t (Notary Public: • Stoic of [11011(hi) CXPiKES: May 302026 f (Priift, Type, or Stamp Conini;sssc►trtd Ntur,e Of Notsny Public) Personally Known OR iiroduced Identification PIi`RSONALLY KNOWN i-yloc � � � �.1 I'reuleux•tl 51 /7 02.2 10:17 AM CAC) P. ZO Collier County Soliairntion 22.796SR 170RM 12 - 01 DDRRS CI I ECK11,1ST 111POR-1-AN'l; No bid shall be Considered unless it is rtlado oil unaltered Bid forms wleirll are included in the Ridding; Doellknenls. Please read carefully' Sigtr in the spaces indicated and return with your Bid. FAILURE TO PROVII]ED7,1111 BID 1](i[':11,19kNTSMAY 131' GROUNR5•I'O f)l'sEM YOU NON-RESPc NSIVIUNON, RFSPONRIBLE. Ridder should check sz1'rcach of the I[sllowing items as the) necessary action is completed: I. The Bid has beerl signed. 2, The Did prices offered have hero revie►ved. 3. "I'hc. price cxtcnsinns and totals have been checked. 4. bid SOwdlilt: has heal complewd and nttAchr=d. i. Any required clraavings, c{cscriptive- literature, cic. havu Imm included. 0. Any delivery h1l`nk•rlln6011 IV41. i1=1 is included. 7. The f0llowing on -ling standard doetnneno have becn ivviewed and accepted in MdSyne: 0, Construction bid it1S1r'tiviions lbi'm h, Coils[ ruction scrvicc5 vgi ccill c111 c. Purchase order lei-nls and condition 8. All of the l'olli:m ing bid forms have becn c!wllploi4d ,md sinned: a, [lief form (Form 1 ) 11. Contractors Key i'e1•;;nnn41(Fornl 2) c, Material Nlanufacturc.rs(Fortrl3) d. List of Mtrjclr Subcontractors (Form 4) t*, Statement ol'I:,xperience (Form S) t. Tronch Snrely Act (Form G) g. [lid Bond Form (Form 7) h, (natrr•an0c and Bonding Requirements (Form 8) i, C'oilflict of lntemst r6ldavit (Form 9) j. Vendor Declaratioo Stntcntenl (Form 10) k. Inimigration L.aw Affidtivit C'crtilication (Fo111r 1 1) MI }ST be signed and atwobed with your sullen idol, I, Sl6;rtt.'d C-'irtull I'tavisions and Awiranc:vs package in its cntircty, il'applicable, Are executed and should be inul'udcd,0vilh your submittal, 9. C'apics ot`rcquircd infirrnuttirin have becn attached Busilless lax Receipt (Cullirr Counly Businesses Only) b. Company's I', -Verify profile oge or momorandtnll of underst;lmling, C. Ccrlilicate o ,Amlulrity to C'ondtwl Business in Stine ul rjorida (wribir..org) d. Any required professinnlll licenses - valid and current {n1� iloridteiiccnsc.rclnt) (ie: Gencral Contractors l.hidoi-gromid Utility and K.Nmllion, Builders, Trade C`ontraciors, eW., as applicable, requo'." d ;nid/or required.) c. Vendor WSJ Form 10. 11'required. the amount of Rid brined has becn checked. and the Wd bund or cashier's check has bt olt subrllitled. 1 I . Auy tuldcnd4 hove been signal and ucknowledgetnelrt tilrm Whrchi d and included. 12, '1'11c 13id Will he uploaded in link to be received no Etter titan t1w specified ppell k1g clgq turd 111ile% athtr►vise thG Wd canuut be considered. 5127OU 10:17 AM '; 'A P. 21 GOLDEN GATE CITY TRANSMISSION WATER MAIN IMPROVEMENTS PHASE 2 BID SCHEDUI-E ITEM No.f1EST.UAN DESCRIPTION UNIT' UNIT PRICE EXTENDED PRIG 1 MobilizationlDemoblllxation 1 L5 $ 293,685.00 $ 293,685.00 2 Mnlntenanca of Traffic 1 LS $ 113,206.00 $ 113.206.00 3 Survev & Record Drawings 1 LS x 129,540.00 $ 129,510.00 4 Pre -Construction Video •1 La 5 12,834.00 $ 12.834.00 5 lFurnish and Install Project Sin 1 1 LS 1 $ 12.367.00 $ 12.367.00 SECTION 1 SUBTOTAL: $ 561 602.00 ltplIm DESCRIPTION gE57. UNIT UNIT PRICE EXTENDED PRICE 6 Water Main Pi olinos Via Open -Cut a. 8-inch PVC DR18 176 LF ffi 82.00 5 14,360.00 b. 12-inch DIP Pia MaleriftlPurchasedb COUNrY2 4,361 LF $ 52.00 $ 226,772.00 C. 16-Inch DIP PIG Material Purchased b COUNTY2 13,644 LF $ 55.00 1 $ 744,920.00 7 Water Main Pipelines Via Horizontal Directional Drill) a. 16-inch HDPE DR11 (Pipe Meforial Purchased fsy. COUNTY I. Santa Barbara f05 Fni to Exit = 775 L,F. 1 L5 $ 137,025.00 $ 137,025-00 li. 55th Terrace 41 (Entry to Exit = 513 I..F. 1 LS $ 123,667.00 $ 123,867.00 ill. Green 41 Ewry to Exit = 995 L.F. 1 L.S $ 158,380.00 $ 158,380.00 iv. Green #2 (Ent2 to Exit = 1,402 I..F, 1 LS $ 199,660.00 $ 199,650.00 V. Collier Property #1 Fnl to Emil = 602 L.F, 1 LS 5 125,579.00 $ 125,579.00 vi. Collier Blvd #1 Ent to Exit = 1,052 L.F. 1 LS $ 175,190.00 $ 175,190,00 !� Connect to ExIsUnD Water Mains a. 8-inch WM AC Cul In Pxislin 2 EA $ 33,333,00 $ 66,666.00 b, 8-inch WM {PVC Cut In Existin 2 EA $ 34,1$8.00 $ 66.376-00 C. 12-inch WM Cut In Existing) 2 EA $ 41,819.00 $ 83,636,00 d, 16-inch WM Connect to Phase 1 1 EA $ 64,728.00 $ 54,728.00 0. 36•inch PCCP WM Cut In E;xistiri 1 EA $ 287,428.00 $ 287,4213.00 9 Deflect Existing Water Mains a. 9-inch WM 1 EA $ 15,494.00 $ 15,494.00 b. 6-inch WM 3 EA $ 1jr,484.00 $ 46,482.00 10 Air Unase Valve 17 EA $ 2,711.00 $ 46,087.00 11 Piro H drant Assembl 27 EA $ 6,676.00 $ 180,225.00 12 Leak Detection Device 3 EA $ 4,439.00 $ 13,317.00 13 Gate Valve Valves Purchased by COUNTY a. 8-inch Gate Valve 3 EA $ 1.072.00 $ 3.216.00 b. 10-inch Gate Valve 2 EA 5 1,196.00 $ 2,392.00 C. 12-inch Gate Valvo 13 FA $ 1.291.00 $ 16.783.00 d. 16-inch Gate Valva 25 RA $ 1.529.00 $ 38.225.00 e. 36-Inch Gate Valve 2 FA $ 141298.00 $ 28,596.00 14 Install "NEW" Water Service and Meter Box a, Single Long Sido 2" Water Service & Molar Box 11 EA $ 4,184.00 $ 46,134,00 b. Sirs le Short Side 1" Water Service $ Meter Box 8 t A $ 2.677,00 $ 21,41G.00 C. Doubly Long Side 2" Water Service & Meter Box 22 EA $ 3,687.00 $ $1,114A0 d. Double Short Side 2" Water Service & Meter Box 24 EA $ 3,134.00 $ 79,216.00 15 Re -Connect "NEW" Water Service to Existing Meter Box a. Single Long Side 2" Water Service 2 EA $ 5,&1 i.00 $ 11,222.00 b. Single Short Side 1" Water Service 15 ER $ 2,812.00 $ 42,180.00 c. Double Lon Side 2" Water Service 3 EA $ 3A35.0Q $ 11.505,00 d. Double Short Side 2" Water Service 9 EA $ 3,225,00 $ 29,025.00 16 Install Bacteriological Sample Point a. Temporary 10 EA $ 743.00 $ 7,430.00 b. Permanent 16 EA $ 2.323.00 $ 37,168.00 17 Pros suro Reducing Assembly 1 EA $ 29,686.00 $ 20,1385.00 SECTION 2 SUBTOTAL: $ 3,249,491.00 OLDFN GATE CITY TRANSMISSION 'ATI R MAIN IMPROVEMENTS PHASE. 2 131�1) SCHEDULE DUND 2 BIDDING 1 of 3 ' • : JMAY 17. 2022 $ECTION OPSCRIPTION QUANT, UNIT UNIT PRICY EXTENDED PRICE ITEM I NO,18 General Restoration 18,3501 LF $ 23.00 422,050.00 19 Roadway Restoration a. Trench Restoralior} 379 SY $ 160.00 1 $ 60.640.00 b, Mill & Overlay (Local Roadways) 4,146 SY $ 37.00 $ 153.402.00 c. Mill & Overlay, Collector Roadways 1,634 SY $ 35.00 $ 57,190.00 20 Rar'nova and Re taco I7rivewa s a. Asphalt Qncludes 14 Gravel Drives 1.703 SY $ 94.00 $ 143.052.00 b. Brick 333 SY $ 129,00 $ 42.957.00 C. Concrete 5,232 SY $ 97,00 $ 607,504.00 d, Decorative Concrete 161 5Y $ 155.00 $ 24.965.00 21 Remove Asphalt Walk & Replace with Concroto $[do Walk 164 SY $ 90.00 S 14.700.00 22 Romave & Replace Concrete Walk 1,954 SY % 81.00 1 S 158,274.00 23 Abandon and REMOVE Existing Water Main a. ExistUt 2" PVC Water Maim 464 LF $ 30.00 $ 13,920.00 b, EArlin 8" AC Water Main 108 LF $ 97.00 $ 10 476.00 C. Existing 8" PVC Water Main 146 1.1 $ 60.00 $ 7.300.00 Cl. Existing 12" PVC Water Main 24 LF $ 59.00 $ 1A16.00 e. Existiri 16" PVC Water Main 79 LF $ 89,00 7,031.00 24 Abandon and GROUT Existing Water Malt) a, existing 8" PVC Water Main 204 LF $ 78,00 $ 45.912.00 b. ExlsGn 16" PVC Waler Main 41 LF $ 151.00 1 $ 6.191,00 25 Replace Existing Drlvpwa Culverts 3,290 LF $ 76.00 $ 250.648,00 NO. r DESCRIPTION QUANT. SECTIONB UNIT AL: UNIT PFZICE 5 1897,578.00 EXTENDED PRICE 26 Remove &Replace Drainage Pip#s a. 18"Xi2" FRCP 274 LF $ 194,00 $ 63.156.00 b. 24" RCP 159 1,1= $ 225.00 $ 35,775.00 c. 30" RCP 223 LF $ 233.00 5 51.959.00 d. 36" RCP 88 LF $ 295,00 $ 26.960.00 27 Remove & Repute Drainage Structures a. Type C Catch B;asln ({10 feet) 2 EA $ 7,211.00 $ 14,422,00 b- Type C Catch Sasln (<10 feel 14 EA $ 6,816.00 $ 123,424.00 c. Mitered End 5eetiori(18"M2") 4 EA $ 5,071.00 $ 20,284.04 SECTION 4 SUBTOTAL: $ 324,980.00 WTIONr•, ITEM NO. r(URAMACM DESCRIPTION EST' QllANT. UNIT UNIT PRICE SX1lill'PRICE 28 General Restoration 144 LF $ 31.00 $ 23,064.00 29 Roadway Restoratlon a. Trench Restoration 158 SY $ 161.00 $ 25,42I&OD b. Mill & Overta (Local Roadways) 603 SY $ .62-001 $ 37.386.00 30 Remove and Replace Driveways El. Concrete 1 145 SY $ 77.00 $ tA,065,00 31 Remove & Replace Concrete Walk 1 42 1 SY $ 96.00 $ 4,032,00 �VCTJION ITEM NO. t ALLOWANCE DESCRIPTION EST' QUANT. SECTIONLj UNIT UNIT PRICE $ 103,985.00 EXTENDED PRICE 32 General AllowaitiCe 1 r&M g 3oo,oD0,00 $ 300.000.00 33 Storm Draina a Allowanco 1 T&M $ 300,000.00 $ 300,000.00 SECTION 5 SUBTOTAL: $ 600,000.00 OLDEN GATE CITY TRANSMISSION 1ATER MAIN IMPROVEMENTS PHASE 2 OUND 2 BIDDING 2 of 3 ENGINEER'S OPINON OF PROBABLE CONSTRUCTION COST MAY 6, 2022 .Y SECTION 1: GENERAL $ 561,602,00 SECTION 2: WATER SYSTEM $ 3,249,491.00 SECTION 3: RESTORATION IWATIFIR MAIN S 1,897,678.00 SECTION 4: DRAINAGE $ 324.980.00 SECTION 5: RESTORATION DRAINAGE $ 103.985.00 SECTION 6: ALLOWANCE $ 604 000.00 TOTAL: I $ 6 737 738,0D as ernnlarrtunta Snacifrcabons Suction 01026 M¢asuromarif and Payment for Bid lien? Descriptions, DLOEN GATE CITY TRANSMISSION ATER MAIN IMPROVEMENTS PHASE XND 2 BIDDING 3013 ENGIN�F:R'S OPINON OF PROBABLE CONSTRUCTION COST MAY 6, 2022 Cllont#; $326 DEIFUTI OArE IMMIDONVYYj ACORD,„ CERTIFICATE OF LIABILITY INSURANCE 1 06123/22 THIS CERTIFICA7E 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTRR THE COVERAGE AFFORD50 BY THE POLICIES BELOW. THIS CERTIFICATE OF INSUIRANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMI'gRTANT: If the oor11[Icnte holder 1i A17t}ITkONAI INSURED, the oIICy(leaf must }lava AQQITIONAL IN.,,, -_----.._..-_.._....... p SURtnp pravlelons or Rio endorsed: If SUBROGATION 15 WAIVED, subj0Ct 10 the Eernls and Gondlflons of the policy, curtain pollela s may require an andorssment. A statemnnr On tNIs cartificnta does not confer any rights to 1110 Cortlficate holder In lieu of such andorsernent(a), cow PROD=-,R NAMIF Nyssa Pace ZERVOS GROUP, INC:. P ONE 248 355-4411 24$ 355.2175 G, Nu4EY:lI, 24724 Farmbrook FAAII n s+a(rerlroagroup.com P O Box 2067 IN!L%,�__�..,...__..�_...,..VaRAflE NAtG N loll Southfleld, MI 46037-2067 I INSURER A : "urAmerkiaan Inaur ncol Company an �...�� o_ 16535 INSURED IN$ua -R e ; Sirius International Insurance Corpo►at DEE MANAGEMENT l_LC IN DBA DDE Utility Servioes Ia 13387 Bryan Road Loxahatcher Groves, FL 33470-4908 , COVERAGES CERTIFICATE NVMUER: KrVIDlun nufflocr,. THIS IS TO OLRTIFY THAT THI- POLICIES OF INSURANCE LISTK) RIFI-OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE: FOR THE POLICY PEFR(OD INDICATED NOTWITHSTANDING ANY REC)WRCMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECIF TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 111E INSURANCE AFFORDED BY THE POLICIE$ DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, FXCLUSILINS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE: BEEN REDUCED BY PAID CLAIMS I R .., ., TYPE TOWL'.Etuf $ ...... „ ..., ...... ........_. ._ ..:.P�LI�Y F,iFF P6L14Y r:XP ' m RANGE _..._1LHtiil_lrncl ___..__.....__hpLICY NUMBER _ jM_IO,IYYYYJ. (MM,+I?1�IYYYYI LIMI1 --- GbMMEReIALat-4-A-ALUAall,LTY 1 E i$2,000,UUU . A )( _ X X 434286900 3131l2022 a3r:111zflz31�« IlocrlJa �;.. .... ---...._ .... NT p A gRCNC :..:_...,.:,.. GLMM5.•n,A0E f .XI OCCUR d��ix����€.��o�n�t�.1:...: S10a,0a0__..._.__.... X Contractual InEn E x tMgnrrr Pf4r,nt s 1x080 - $, U PE1ISONAI.BAOVINJURY GENL AGGREGATE• WJIT APPLIES PER: „ GENERALAGOi2EGATE S4100:a00 _..� POLICY 1 ��ci C^�1 LOC arennucTS,_ frdP has ss44,000,000 _ , s A AUTOMOBILE LIAStUTY I X X ' 445830100 X ANY AUTO .° a+�N�pp SCHEoul.ED AUTOBONLY AUTQ:r X AUTb5C1NLY +� Aur7 SdNY.Y UMBRELLA LIAB t};CUk Excess LiAF} .. _ ,;,AIMS AIAUE, nLtn 1 13t rl:HnnN ............ _ .WORKERS COMPENSATION K 1446030200 ANG EMPLOYERS' LIABILITY Y N OE=F{CEftmit'rl�i3Eit (K,landatory In NH) it t! y�ra&, IIriBCritra vnrlfl UF_SC�_RT! C"1{,r frP-PATIOMSf,ulnw A �L&R LqulpmelltT_ CPP4198317 B Poll & Prof CPPLS0002329 3131124221031311202 112D22103131 000 SOURY "- : Ik1Y (Par G"orIoPl 1.1 $ — PR4PE�ITV`-- -ov-L£ t�i11on1.j`r.±_..,.,_—...._.:_,._,,.,.,II...,.. IU L.. -_-�_-- _ _. _ E 4 pl'51EASE • EA EMPLOYED 51,a00,000 �Er.DISEASE • PDLlcY u�,ur s1 000 000 312021 08113l2022 $300,000 Max Elch Item 1l2022 0313112023, $5,000,0001$5,000,000 OE$CRIPTkON OF OPERATIONS I LOCATION$! VEHICLE$ (ACORO 101. AadWonal Ramorku $Ckadule, niay be allachoJ 11 mitre 6PaGa lx roduIr0l Colder County is InCluded as an additional Insured with respects to the General Liability policy, when required by written Contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED HEFORE Collier Comity THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail Lust, Bidg ACCORUANOE WITH THE POLICY PROV}$ION$, C-2 Naples, FL 341I12 AUYHORIZEDREPRESENTATIVE r9)1}J06,ZU15 Al:C1H1 4,;UI'CrUI-(AI IVN, An nUnis resarvaa. ACORN 25 (2016103) 1 of 1 The ACORD mama arid logo are reglsterod marks of ACORD #55254021M516371 NAP CA)O ""ii► y Ron De5antls, Governor MclanEe S. Grlffln, Secretary I -I mdd F. , r .., STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL. REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 449, FLORIDA STATUTES ERTL.E, JAM1t:T-1ii,. ,. I t;- DBE UTILITY SERVICES 13313 BRYAN RD LOXAHATCHEE FL 33470 L LICENSE NUM15M CUC1225812 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicensexorn • 0 Do not alter this document In any form. ` This is your license. It is unlawful for anyone other than the licensee to use this cioc ument. i t Fil _6 2E3_2ElI Q.QRP0RA1'IbN ANNUAL REPO DOCUMENT# P04000086463 Entity Name. D.B.E. MANAGEMENT, INC, Current Principal Place of Business: 13313 BRYAN R13 LOXAHATCHEE, FL 33470 Current Mailing Address: 13387 BRYAN RD LOXAHATCHEE, FL 33470 US FEI Number: 20-1331070 Name and Address of Currant Registered Agent: ERTLE, DUSTIN B 13313 BRYAN RD LOXAHATCHEE,FL 33A70 US FILED Apr 30, 2021 Secretary of State 7344250302CC Certificate of Status Desired: Yes rho Mwo npmod poWly xuhmils fhA slatorlrnnf for fhA pilrpuSra (5! chart{Ting ils ri9gr5fulHrl afffcc+ ar rpplsfemd atlonl, or ballr, in rlip S1afu of Florrrlp. SIGNATURE: Electronic Sipnalure of Reglsterodl Agent Date afficerlDirector detail Title PT Name ERTLE, DUSTIN 0 Address 13313 BRYAN RD City-State-Zp: LDXAHATCHr-C FL 33470 Title ASST. SECRETARY Name ALLOE, TAMMIE A Address 13387 BRYAN RD City-5tste•iip: LOXAHATCHEE FL 33470 I harehy rlarldy irof (ho jvAormirlh7r}lnIlPo0140 pv r1r11P r011Nr Of 3ur}p1&ANlratafrap&f fk rra(i Hrr41 sixoNn(e alid HAM my ufi Ufrd7nC lJ')rfAIWd efik+1 IlbN r4o nmo (60al d0ov An if 11111lfo atim Witti 00011 Rill llrr C&W? W 1169Ctor fit iho r ofivilt1arl 'Pr fhv 114%in.V & MOW prtrrlf W(w(ra to f•:Y oolh M" ropolf om 10t1weNi by Chap ur 1Y17. Fkrfidir Siefufu 4. Aril t1r4! My r4tht, bripu rrs &"I'll. or ofl on ir17ichrrkm with all ofrrer hkie wv2owwofr. SIGNATURE: DUSTIN ERTLE PRESIDENT 041'3012021 Electronic Signaturs of Slgniq ornrkirlDirouly Oeli ll Dale ago (Requestoes Name) (Address) (Address) (C ity/StatefZip/Phone N) D PICK-UP P WAIT F] MAID. (Business Entity Name) (Document Number) Certdied Copies Gerlific;@fes of stafuw Special frlsvoctions to piling Officet; Office Use only 501 I�llbl��'��9�I�V�NdI�II�I��SI��aIV�l�I 900369100589 rr) �t w GIN COGENCYGLOBAL" late: 06/29/2 21 Name, Marcel Ggbonna-Amu tteferenre W Entity Name: 1412964 115 N CAI.HOUN ST., STE. A fALLAHASSEL, FL 32301 P: 866.625.0830 Ft 866, 62 5,0830 COGENCYGLOSAL.COM ACCOLIntg� 120000000088 02S MANAGEMENT, LLC n Articles of Incorporation/ALIthoriza(ion to Transact Business Amendment Change of Agent 0 Reinstatement ✓ Conversion Merger E] DissolutionMithdrawal Fictitious Name Othier Authorized Amount;_ $150.00 Signature: ,I A'.%4��e,y ANY ISSUES, CALL MARCEL: (516) 213.0826 Thaak you! -1CORPORAIF "0 ! WROPEAN HQ ;,ASIA PACZMI HQ c"Cr.C`: GLOBAL INC, r(A;U1CY GI ORAL(LJti) i DAIIF0 Cc)(.Fmr'y 1:1 A$AI t"'Q 1 I1hI1FI7 W F AL]'" $1. 10:i 1 L uI1.tSt Fard vt+w:t R,hu a Ke I r5 , �Otic: a I�:C Iwjl t n G;! pwv AIY,'4f tools GEGKI7I.IM7'1 U14I1 R OF, LIM) LCIL;HILIN IUWEP t]: • I.?1}.g47.17dd G LLOYDS AYE, UNI t 4r L M LrV I ICr77 Rp. CAV5F. rlAv DAY �.�� F:800.111.0107 1+7P1t} "f0N ]AY HONC, SOKZ F •A4(01}0AHIA064 P-952,11.87,9633 r. -85xuv.9740 ARTICLES OF CONVERSION 4 �, , FOR r,i "OTHER BUSINESS ENTITY'* VL INTO FLORIDA LIN-11 L'ED LIABILITY CONIPAN1' This Artie'lu,v unel the rrttac•hed Arrfr.'le.s r)%are ,rrrbmirred !rr 0rrrrt`t.+ry the fr,llr,whig, ;.Other 111i.+irle,ss rillirr+" intrr a Plorielrr linWe+el Nobilitt� Cemyxrrru in ac�ertr•� am.-cr with .Suc�tirm 605.104S, I larirhl Strrrtrres: I . The nume tit' the "Otl,c:r businmi F111tity" imr edlately prior to t}lc filing t,I' this ArlicicsolTonversion is lb.B . MANAGEr,NIENT, INC. (tllc "tr',Irport 601 "). ?. The "Other Busilms h.,111ilt�' is tr Florida rri�fit e gILIralinrl lwsa incurporatcd under the linys of tltc Stale of Florida 01'et:tive June 7, 2004 (Doctitticnt NO.: 1104000088463). T'hc " 0iliur Busies,, Entity" currently exists on the offlrc:iinl records of the jurisdiction under which it k currently inc;orl-lnrtlted, 3, The "otiicr Business Enlity't" priouipal ol'lic:c Ildclress is 3313 Bryan Road. I,.oxrrhuitlice. 171orldn 33470. 4. The ticlrl,c of the Florida Linlitc:(l I.itahility Cc)ttlpany as set forth to the utudied Arides ul'Organizatimi is,. D.B.E. 1rlrtiNAGEMENT. LI,,C, S. Thu conversion is permilted by the applic;ablc latv(,$) ,governing the Corporalion aild the c,rltvermon complics with such law(,$) and the: requirements of scolon 605.1043. F.S., in l`.It'cctiog the conve;rwlel[l, 6. The Ilan (if' convursi„n was approved by the convcrting Corporation in accord,mice w0h Cllnplc:r 607, F.S. 7. This eonvcrsion shall bu effective 11pon tiling of this Arlit lcs oi' Corlver'SIMI with the. Secretary of Suite of the State of Florida, S, Z lle "Converted or Dthcr Business Entity" bas agrt.'t:d to pa}' MY slllll'ClIvIldcrti havirrg appr'aiSal rights Ilse anu,unt Ist acqticl3 they tire. entitled under xs, 605.10061. 605. l 061- 605.1072, Florida Stalulcs. ISIGN,iTll>l E PAGE FOL,L,OWS1 AC TIV I:; I15623!I1. I OCAO IN WITNESS WHEREOF, this Afticles ut'Cunversion is signed cltective as of lic 29"' day of June, 1021. I.1i111'I'ED LIABILITY C'ONIPANY: D.S.E. NIANAGI ME'NT, LLC: /.1 Dustin 13. U-11 « By: - — Name; Dutitin B. Ertle Tide: ,Manager OTHER BUSINESS ENTITY: D.B.E, MANAGEMENT, IN'C. /x/ Dustin B. F rilc: By: iNamc:. Dustin B. VAle Title: Presidlml Af'Tn°Fs�i 15n?.ikl.� ARTICLES OF ORGANIZATION FOR D.B.F. NIAfNAGE?NIFNT, I.1.0 (,4 Florida l.ir heel linhilitV G'ar1tprtrrt9 ?&li AN 29 Am 9: 52 F - . ., .•�,t._i'r,.. irk {ATE The rrrlrhrr.rigrlr,d, J1rr Me lutrlrrr,sC of Jirrrrrirrq it lirrlirrrl liubihiv company wide), div laws r)jrlrc� .17�r1c� of Nlrrrida, pla flaw to the l"7orida Iluvi,+' l Limited l.irrhriirl• Cr,rrtirrurl• : ei (111(! hey -old, rrdopis 0c, ,/rrilu«-irri,� :Irri�h:x ul'Cl!•�,ruNt=rNtrru; ARTICLE 1 NrM L' The timlic o(Illc I,itllited Liandily Cnmptlnr is D.B.E. MANACIAlI:N'I'. I.LC {111c ARTICLE DURATION The Compiny shall exisl on the datc affiling nt'these Articles with the Secretary ol'Sta►c ofille Stslte t)f loridll. '111c (ltlrnliun t)ftllu Company shrill be perpelutll. ARTIC:l.l: 3 NATURE OF BOSINESS Thu Compally is orgalliud IOr 111c ptlrp0SC (il"trATIS 1AilIg ally and all lawful husillcsti I)rr111iII0 under thu Act. ARTICLE: a A DIM h:SS Thu initial Ilrimipal clflicu acldruss and mtlilirlg address of Ilic Compnrly iS 13313 Bryan Ito -,III, I.nxaluitcheu. Honda 33470. ARTIC LL 5 INITIAL ItI;(ASTIIER D AGEAT AND RE'G,IS'1'IIIIED 011-1CA, 'I'hc street acltlress of thus inilitll regimored offke of 111c (:o111p-trly is 13313 Bryan Road. I.,n\1111;1tCllke, I-1rlrida 33 I7U, alld lIku llrune 01'111+: initirll rugistcrcrl agent of lhu Company at that ,lcidresc is DkIstio li, icllic. AR TICU 6 M EM HI-.:kS11E1' CF:RT1111CATFS Each member's IIttemst it) the C0111pi111v IlIny I)v c�-idclicc(l by ,3 111cnlhcrihip pamicipasliorl or unit �crlilic:lte. `a rr1en11rc r nI' the C'un1p,,11l)' tarty tr❑n}tor. seii, tar 1ISSigl1 its melllkrcrship intcrest in the Colllj)<�11)' M 11ll\Dthcr pursun c.xcupt as providcd Im in 111c Company's C3per', g, AgrcCmcnt. (� fl1.Q" AC TJVr.'I35b231+r.I ARTICLE 7 MANAGEMENT Tile Company Shall he ntanauer-ma abcd in accordance %vith the Company's Operwiq Agrument. The initial ntrtnngers nrthc enml)anY 111811 bO: Dustin 13. 13-nic 13313 Bryan ROM Ialahatchev. Florida 33470 ARTICLF 9 AM EINDN1i?NIT 'I'lie company rescues the right 1n amend or m17t:al any proaisicm eunuritted in Riede Articles of (kgrkmfalion, and any right conlcrred t1pott lilt: rlit�tnber's is Nukijeci to this rose mtti0rt, 2021. IN WITNESS WHEREOF the ondusigtied hsts O"LlIC(I tlresc Anicles this 29"' d3V of RI11 . A/ Dustin 8 Frtle Dustin 13. I'rtic. Authorized Person (it? acrorelunce u•itlf .Section 60j.02050). l-lorielerSfnrtrre,v', tlta e-v cidir)rf ofthis doc•ranerrr croavitale'v flit af)irmalion trader (hu penattle'v (;J, v1j(rr►Y Mal thufiwu Slated heivin am, avic.) ACCEP'TANCE RY 1 EGIS•TN:RED AG4:i"{T I1,1ving Nell m-mled as registel-Lji agcnt -m(i it) accept the service: v1' pro=s for the above -stated limited liability company at the place design:ale,d in these Articles. Dusliat B. Crltc hereby accepts the appoiltttt1M as re virtere:d agent aalid aaurces to jigs ua this e,ap,acity. Duslin n. L'tile further agrees to c(Imply wills the I>ro� icicans of all statutes relaatiaag it) the proper and complete pul'orm mcc ul' liis duties, and is familiar Willi and ,accepts the oblig;ttinns of his pn0ion as registered agcnl as provide•el for io C'hatptcr 605, F.S. Is/ Dustin B. E:rtle DUS'TIN 11, !>R'1'1.E: Dated: Junt: 29. 2021 ,>.t, TIN't:. 1.1%]37a, i nAG Ali; Wit, /qoygI I5rPo.00. I...lY.0.a9xo 1 DephrOlifiril .)I 4Aal�' I DiMmj p! I I / Loxahatchee, FL 33470 Title Asst, Secretary ALLQE, TAMMIE A 13387 Bryan Rd Loxahatchee, FL 33470 Ilnr�tl�i Ftcl7nrls Report Year Filed bate 2019 03/1312019 2020 03124M20 2021 04130?2021 D4Sr uni-01i#iagn,, 4y�li;#� I[��w_AfYIJ.I,�h�.,i31nk'.�7Lti. 412-4 21) c-..iNUAL REPM l�1�.4.l.�, :.•,�fd�J151.�� (�i�t S��LL�1�4.1.�.�.�,.afAl�L.1Sfralst+V �Ti��l �'L.::..F44C1JFLI'l�mr+_nl 9�1T1)1?±7i� �• hNt'1.�L!.4 ftlLC)F3:r �S[I1J)1D ••,[lr1l 11"I I'C)I{'r IJt15iUI�4lll,+,:.�.,%fl;ll�Er'l'Al f;:�t?1�1v7. — VIC,w unrlyH+ In POF forivial _ View Image In POP rnrrnal Vim image III POF tornim Vmw Imago in POP formal Vimom,%ge In PDF lormai viow Image In POP 1(jm11F11 Vl,rw Image irl PDF loan it � Vim image III K3F lommat Viowrmng2 In PDF foroW VipV) minge ui PIN rorMal Viem immyo m, PLIFfprlila[ View imngr In PLIP" Forman Vlbav I01,10 ,, III PDF format V,pw immgp In f''I]I; formOt Viow WAaMo In PDF Iarmali Vim Imap In r•IM lormal Viow ilywov in PDF; formal VILlW rrnfi�lf'- Im f71)F lormolm^._. I .,,, L—S-, ',I0 1.110, 1,.ni n71rl, APPLICATIMI FOR REGISTRATION OF rIICTITIOUS NAME RF�GISSTRATION# G21000093268 Fictitious Narne to be fiegisterad: DBE UTILITY SERVICES Mailing Address of Business: 13313 BRYAN ROAD LOYAHATCMEE, FL 33470 Florida County of Principal Place of Business: MULTIPLE FILED EI Number: Secretary 16, 2021 F Secretary of State Owner(S) of Fictitious Name: D.B.E. MANAGEMENT, LLC 13313 BRYAN LOAD =AHATCHEE, FL 33470 US Florida 000Umont Number:1-21000300514 FEI Number 20-1331070 I the undersigned, being an owner in the above fictitious name, certEfy that the information indicated on this form is true and acout,ate, i further certify that the fictitious name to be registered has been advertised at least office in a newspaper as defined in Chapter 50, Florida Statutes, in the county where the principal place of business is located, i understand that the electronic signature, below shell have the same legal effect. as if made under oath and I am aware that false Information submitted in a dDcument to the Department of State constitutes a third degree folory as provided for in s. 817.155, Florida Statutes. DUSTIN 13. ER7LE 07116/2021 Electronic Signature(s) Data Certificate of Status Requested (X) Certified Cony Requested (X) 0 State of Florida Departmemi fd'State I certify that the attached is a true and correct copy of the Application For Registration of the .Fictitious flame DBE UTILITY SERVICES, registered with the Departmeiit of State oia July 16, 2021, as shown by the records of this office, The Registratim Mimber of this Fictitious Name is C21000093268- Given under dry hared and the Greal Seal of Florida, of Tallahassee, flit, Capital, this the Seventeenth rhry e)f Julj,, 2021 i�i N W A�M111a,y�,._ Secretary of State Form w-9 Request for Taxpayer IRov. Mlober M18) Identification Number and Certification t7op0dn:enI of Ow Tronnury ImArnol Revronvil $#rvice IN. Go to wwlv,Irs.gov/FormWD for Instructions nrid the latest Inlermstlan. I Name (as bnawn on your Income tax ratum) Namn Is roqutnld on Ihis Ilrso; do nol loAvo IYt s li,ia umk DBE MANAGEMENT LLC 2 Suslnasb nrrniedlsrogwded Wilily rurnin, u di nerenr trrlm nhova 5 Chock opproprinla box for ladaral tax oinardhenlian of rho parson whoeb name Is brllefed on Ina 1. Ch"k pnly one of Ina I'dipwing sevon Wxas {� r`j j'''I r y u Indiddutilrbµla pteprinler or 7__r 0' 120f$ 4r4n011 L.t 5 001pWatklrr El r+11MV1Ank] (,J Tro.11051A11r sNflWrnl?ri%I>or t.L0 Give Form to thin requester. Do not trend to the IRS. 4 Exornptiona (I;Wes w5ply only to certain ontit4s, rm Indlvlduals; yar, in9trucilono on pnpp 3), Emmet poyvo costa ld onyl [{� I.ImAoU Mini'lly company, Enter We lux clan illlcdllarl (G-C'. corporatlon, $-S 4orparatt s, P+rPartnorthip) ► P Note: CAeck thb appropriate box ro trio lino Ahoy* for tho lax elasalttcallon of tho singto.nirmGar owner. DO not anock Vxornplion from PATCH roponing LLC It IM LLC is cloResfind no a oingle•momberr LLC Vial ]e dlq-ragwd6d frorrl rho owrlwr on:o5B UIO mwwr of the LW Is COfie Of any} arVhm LLC that IS not diarogosdod from 1110 owrlpr for U.S. ladoral tLs papaws, 00*rwi5e, 0 6ingla•marrrbar 1.1.0 Inns 15, disrouprdfid frwn the owner ahoukr check th6 Ap"rrlata box far tr10 tale elAsuirleoklon Df Ira owner. 411har (man Inatructionb)■ or nuvnbur(s) lwra LM Taxpayer ldentifieatlon Number IN Enter your TIN In trio appropriate box. The TIN provided multi match the name given on Ono 1 to avoid backup withholding. For Individuals. this Is gonorolly your soclal sacurily number (SSN), Wowave(, for n resident n1lon, sblo proprietor, or disregarded entity, nee the Instructions for Neat 1, later. For other entitles, it is your ernployar idonlitication number (FIN). If you do not have n nunther, Bee Now to got a TIN, later. Note; It the account i!r in more than ane name. son the instruellons for line 1 Also SHE Wht11 Naniff And Number To We tits Requester for gtlidbiln99 on whoae number to enter, G4wraw m rr.r ul. r name ono addreaq Social security number- IE f � or Emptoysrt Idefl0flcation humbor�' fa -1 111111311101770 Under perlrslllaa dl pot ury,1 certify that: 1, The number shown on Ihis farm Is my correct tokpayor identiriontion number (or I am waiting for a number la bn laeufrd to mo); and 2. I am not aublect to brickup withholding because: (W I nun exempt from backup withholding, or (b)1 have not been notified by ttie Ir)ser,till Rovonue Service (IRS) that I rim subject 10 backup wlMoiding as n result of a IdNure to report all Interest or dividends, or (C) tho IRS has notified met that I Ant no longer subjetA Jo backup wilhholding: and 3. 1 am a U.S. cltixen or other U.S. person (defined bolowl; and 4. The FATCA code(s) entered on this form (if arty) Indicating that I am oxempt from FATCA reporting Is correct. Certification Intitruellone, You must cross out Item 2 above if you have been notillod by tho IRS that you are currently tlubject to backup wilhholding bacauw you have failed td TepCrt all Interest and dividends on your tax return. Fcr rspl estsate transao6on6. Item 2 does not apply. Far mortgoga intereft paid, acqulBitlon of abandonment of secured prgpert canc611atlon of debt, coritribuilom to an Individual rollrehnaM1t arrangoment (111A), and gorteraily, payments other than interest and dlvldwids, you erd eq ed to Sion the certlitcailon, trirl you nlusl provido your correct TIN, See tho instructions lot part 11, later. sign I signature of Here U,S, parnan 1« General Instructions Section rAlgrenCea are to 1116 Intornal tievenuo Owe urlie3a olnerwlse noted. Futuro developments. Fur the latmi information about devalapmentn tainted to Form W-9 and Its Irtatrucllona, such Ga laglalotlon enacted after They were published, go to www.its.gov/f-"O"W�J Purpose of Form An Individual or alUfty (Form W-9 regtiestar) who is mquired to lira an Information return with thn IRS Mwit 0MAI(I your C 001, taxpayer Identlficntlon numhef (TIN) which may bo your gpcfal security number (5SN), Individual taxpayer IdentiticiAcin numbo-r i1TIN), adoption takpoyor Identification number (ATIN), or employer WoMilidation number p1V), 10 report on an Inrorrnotion roluin the arnatlilt paid to you, Of ether amount rnportable nn nn Information return- l-xamplos of Intormatlon returns Include, Otit ern not limited to, the 10110wing. r Farm IM-INT (Intnresl mirned or pain) unto10 l I ' J I P,L.- * Fnnn 1099-DIV (dividends, Including those from Stocks or mt.Ituaf twnds) 4 Farm 109LMISC (vnricusl typon of Incorno, prism, uw(td1l, ar groan pronoods) Form 100q.8 (etnpk or mutuftl fund nalea and r,ortaln other Iransecllon9 by brokers) * Form 1On- S (proceeds front real rastato transactional • Form 1099-K (merchant card and third party network tran9eictlons) e Form 109S (home mortoaoe Imerest), 1098-E (9tudwit loan IrlterosQ, 1098-T (luilion) Form 1D99•0 (Corlcrilud debl) • Form 1099•A (acquisltlon or obandaninenl of aecurod property) Use farm W-0 only If you aro a U.S. pelwon (including a resideni D1180. to provide your correct TIN, If you do 1101 ratuen Farm t'V•910 the Mquestor wall a TIN, you Might bo subjocl 10 backup withholding, See What In WWI) withholding, rarer Cat. No 10231X Form W;9 (Rtiv, 10-2016) 0 F.-Verifv. Gonip-,iny In Number: 79,6081 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 DBE Management, Inc (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 FllgIbIlity 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.G- § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and irxocutive 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 fl RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by OHS 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 bight 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-Veilfy MOU for tcmployer5 r Rovislon Dale 06/0111.1 Mi � r1r' c:,;: tt Company ID Number; 795OB1 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 (lie 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 F-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish Identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S, Passport or Passport Gard 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, indUding the obligation to comply with the antidiscrimination requirements of section 274E of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmatlon For an employee, but continues to employ that parson, the Employer must notify DFIS 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 recelving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 F-Verily MOU for Gmpis)yers I Nevinion Dale 06101//3 E-Verify low Cornpany ID Number, 195081 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 10 this requirement as described in Article 11.13 of this MOU. 12, The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notlfy 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 Lased upon a photo mismatch, the Employer must take additional steps (see Article 111,8, below) to contact DIES with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee basr,d upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that en 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 Pace: 3 of 17 L-Varily MCI) for Employers I iRevision Liwe o6tovi3 E-VeriFy offr - Company Id Pluinber: 795081 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA Or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or If a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Bights Act of 1964 and section 274E 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 nonconfirmatlons. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274E 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 rack 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 1-800.265.8155 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 parson 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 EµVer'ify personal data. All suspected or confirmed breaches should be reported by calling 1-888.464-4218 or via email at E-Verify cihs,qoy, Please use "Privacy Incident — Password" in the subject line of your email whan 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,O, § 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 Rage 4 or 17 E-Verily MOU for Fniptoyors I Revislon Date 06101113 E-Verify. "- r Company iD NUmber. 79501 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 clalms 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 MUU 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 ❑HSlUSCiS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might Imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. 'The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer Is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22,18 of the FAR, it will become familiar with and comply with (lie 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 MDU, 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 "employed assigned to the contract" (as deflned 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 ellgibility 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 data. 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-voriry mot) for Employers r Ro4lslon Date OW01113 'c•� • � IIk11U Company 0 Number. 795081 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 39 days after assignment to the contract, whichever is later. c. Federal contractors that arts Institutions of higher education (as defined at 29 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 alter 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 DWS 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 lone as: I. That Form I-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 11.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 chancded, cr 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 -elate and the form otherwise complies with Page 6 of 17 E-Vetiry Moll for Employers I Revision Date 06/01113 E-Verifv � 61 Comper}y IC Number; 795081 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-Verity 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 official; authorized to review the Employer's compil ance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DNS 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, It an Employer experiences technical problems, or has a policy question, the employer should contact EW-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DNS 1, DE -IS agrees to provide the Employer with selected data from DFIS 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 r or 17 F-Verlry MOU for Employers I Roftorl Dale: 06/01/13 F.-Verifv Company 10 NUmber, 705081 b. Photo verification checks (when available) on employees. 2. ❑HS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify_ 4. DHS agrees to train Employers on all Important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. S. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. G. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such Information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial Inquiry. g. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations, This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary, In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. It 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 (lie notice and letter containing information specific to the employee's E-Verify r'.jpe 9 of 17 E-Verify MOU for Employers I Revision raato 06/0013 LA) E-Verify-4� i�%f ilf II, .1� Company 10 Number: 795081 case. The Employer also agrees to provide bath the English and the translated notice and letter for employees with limiters 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 ha or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmatlon, 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 idontify 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 Far 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. It the Employer receives a tentative nonconfirmation issued by DHS, the Fmployer 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 tape 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 lie 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 nonc:onlirmation issued by DHS, the Employer will instruct the Pace 9 of 17 E•Verify MaU for Employers I Revision Date 06/01/13 G Company 11) Number: 795051 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 fallow the instructions outlined In paragraph 1 of this section For tentative nonc;onfirmations, 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 malchJmismatch, 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, 0. White waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTIGt_E 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 1)H8 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•Vesriry MOtf roc Employers I Revision lJare 00101113 E-Verifv.SIP', Comp,iny It) Nurnber! 795081 S, 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 partlelpatlon in E-Verify, with or without notice at any time If deemed necessary because of the requirements of law or policy, or upon a determinatlon 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 andlor legal requirements, The Employer understands that If it is a Federal contractor, termination of this MQU 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, wilt remain bound by the terms of this MOU that apply to non-Federai contractor participants, and will be required to use the E -Verify procedures to verify the employment eligibility of aft newly hired employees. 4. The Employer agrees that E-Verify is not liablo 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 DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Noth€ng In this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or Indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D, Each party shall be solely responsible for defending any claim or action against it arising out of or related to F-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 tite Employer, E, The Employer understands that Its participation in E-Verify is not confidential information and may be disclosed as authorized or acquired by law and DHS or SSA policy, including but not limited to, rage 11 or 17 ENwify MOU for Employers I Revisian mare 06/01113 E-Verify.. Company ID Number; 795081 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. 1401 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 i? o! 17 '-Verify MOU for Empl❑ye+s I Revision Date D6101/13 OAO E-Verifv A� Company ID Number: 795081 Approved by: Employer DBE Management, Inc Name (Please Type or Print) Title Michael A Pence Signature Date Electronically Signed 0710112014 Department of Homeland Security - Verification Division Name (Please Type or Print) Title 11SC s Verification Division Signature Date Electronically Signed 07/01/2014 Pape 13 of 11 F-Verify Mot) for Fmployars I Revision Date MOM G Company 10 Number: 795081 Information Required for the E-Verify Program Information relating to your Company: Company Narne Qmpany Facility Address DBE Management, Inc 13387 Bryan Ind Loxahatchee. FL 33470 13387 Bryan Rd t oxahatchee, FL 33470 Company Alternate Address County or Parish PALM BEACH Employer Identification Number 201331070 North Amerloan Industry 221 Classification Systems Code Parent Company Number of Employees 100 to 499 Number of Sites Verified for 1 page 14 or 17 F,Verify MOU for Employers I ReA$ioil Date 0001113 rip - Ve r i f y—..,,.. Company iD Number: 795OB1 Are you verifying for more than I site? If yes, please provide the number of site$ verified for in each Mate: FWRIDA 1 sitr,(s) Page 15 of 17 E-Verily MOU for Employers I Revision Date 06101113 *11 E-Verify- Company fD Number; 195HI Information relating to the Program Administrator(s) for your Company on policy questions or operational problems; Name Duslin B Erile Phone Number (561) 644 - 2182 Fox Number Email Address darlleCdbOdd.corn Name Tammie A Alloe Phone Number (561) 608 3708 Fax Number (561) 500 3713 Email Address talloe@a dbeulilltysorvlces.com Page 16 of 17 E-Verify MOU for Employers i RiDylsion pate MOV13 E-verify- off Company ID Number: 795081 Page intentionally left blank Page 17 of 17 E-Varify MOU for Employers I Revision Date 06101/13 EXHIBIT A43. CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Dan Rodriguez Dustin Ertle Hector Meneses Personnel Category Construction Superintendent Project Manager Assistant Project Manager 4^ Construct& Services Agreement: E2022_ver.3] 9 EXHIBIT B-1: PUBLIC PAYMENT BOND ITB#22-7965R KNOW ALL MEN BY THESE PRESENTS: That Bond No. 800005882 Contract No. 22-7965R DBE MANAGEMENT LLC dba DBE UTILITY SERVICES 13387 BRYAN RD LOXAHATXHEE FL 33470 as Principal, and Atlantic Specialty Insurance Company as Surety, located at 605 Highway 169 North, Suite 800, Plymouth MN 55441 (Business Address) are held and firmly bound to COLLIER COUNTY as Obligee in the SUM Of Six Million Seven Hundred Thirty Seven Thousand Seven Hundred Thirty Six ($ 6,737,736.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for GOLDEN GATE CITY WATER MAIN PHASE 2 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: 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 12tn day of September 20 22 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement: [2022_ver.3], Signed, sealed and delivered PRINCIPAL DBE MALIAGEMENT LLC dba DBE UTILITY SERVICES �Y: TAME: FS: STATE OF e COUNTY OF The foregoing instrument was acknowledged before me by means of R"physical presence or 0 online notarization, this day of S 20 by f IU;Sf7/� %if© , as rOsi/� aA of DAE Chu i Or behhe of e cornornoration. H an oath. My ;¢11'1p�jr.es: .• N �HH 2024 ST N ' P. ss PC, (AFFIX�%iWjr ��Z'A4 L) ATTEST: Jessica lannotte Witnesses to Surety Annette Audinot a corporation, on is personally known to me OR has produced as identification and did (did not) NAME: (Legibly Printed) Notary Public, State of.. Orl U Commission No.: }- HO 15 8b SURETY: Atlantic Specialty Insurance Company (Printed Name) 48 South Service Road Melville, NY 11747 Cfl(iness Address (Aut rized Si ture Mariya Leon , Attorney -In -Fact (Printed Name) FL Nonresident Agent, License Number W334270 12 Construction Services Agreement: [2022_ver,31 WE Witnesses STATE OF New Jersey COUNTY OF orris As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ physical presence or K online notarization, this 12th day of September 20 22 by Mariya Leonidov , as Attorney -In -Fact of Atlantic Specialty Insurance Company a New York corporation, on behalf of the corporation. Fie/she is personally known to me WX)0XXj(►A XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX DMXD()A XX(X(did not) take an oath. My Commission Expires: April 16, 2024 (AFFIX OFFICIAL SEAL) APRIL PEREZ NOTARY PUBLIC.' STATE OF NEW JERSI: -t' MY COMMISSION EXPIRES APR. 16, 2024 urrez of Notary Public) Name: (Legibly Printed) Notary Public, Sta of: New J rsey Commission No.: 13 Construction Services Agreement: [2022_ver.3] EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB#22-7965R Bond No. 800005882 Contract No. 22-7965R KNOW ALL MEN BY THESE PRESENTS: That DBE MANAGEMENT LLC dba DBE UTILITY SERVICES as Principal, and Atlantic Specialty Insurance Company as Surety, located at 605 Highway 169 North, Suite 800, Plymouth MN 55441 (Business Address) are held and firmly bound to COLLIER COUNTY , as Obligee in the sum of ix i ion even undred Thirty Seven Thousand Seven Hundred Thirty Six and 00/100 ($ 6,737,736.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obligee for GOLDEN GATE CITY WATER MAIN PHASE 2 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. 14 Construction Services Agreement: [2022_ver.31 IN WITNESS WHEREOF, the above parties have executed this instrument this 12th day of September , 2022 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. @led and delivered ance of: Ke . _ .. ., PRINCIPAL DVAGQJENT LLC dba DBE UTILITY SERVICES NAME: I'�>(.dSfiN C2f=174� ITS: 0 r� The foregoing instrument was acknowledged before me by means of 15 physical presence or ❑ orkne notarization, this day of 'c�p" - by T as of (_ ► d. ' a corporation, on behalf of the corporation. He/she Is personally known to me OR has produced DyfSua� »,� /� as identification and d' (did not) talke an oath. IJ 111111/ My Copt" taxi 110 Q: (AFF%,1 (Signature I f Notary Public) Name: Cc n dq Dif (Legibly Printed) Notary Public, State f: larldlk— commissi( 0 I to 15 Construction Services Agreement: [2022_ver.3] ATTEST: *'tn��es�sesas to Surety Jessica lanno a Witnesses Annette Audinot STATE OF New Jersey COUNTY OF Morris SURETY: Atlantic Specialty Insurance Company (Printed Name) 48 South Service Road Melville, NY 11747 (Business Address) (Authorized Si n tur Mariya Leonido , Attorney -In -Fact (Printed Name) FL Nonresident Agent, License Number W334270 OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ physical presence or I� online notarization, this 12th day of September 20 22 , by Maria Leonidov , as Attorney -In -Fact of Atlantic Specialty Insurance Company, a New York corporation, on behalf of the corporation. hire/she is personally known to me QRXXWXX9)QX00(X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX-�( MXAJdd(AX(XAMX(did not) take an oath. My Commission Expires: April 16, 2024 (AFFIX OFFICIAL SEAL) APRIL PEREZ — —� NOTARY PUBLIC STATE OF NEW JERSEY I MY COMMISSION EXPIRES APR. 10, 2024 (Si a re of Notary Public) A* 'I erez (Legibly Printed) Notary Public, State of: New Jersey Commission No.:ZL42 Fii 16 16 Construction Services Agreement: [2022_ver.3] 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 Construclion Services Agreement: [2022 ve 3]`',,I 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 (1 p) 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. 18 Construction Services Agreement. [2022•.ver.3] Collier County Solicitation 22-7965R Collier County Florida Insurance and Bonding IZequirenients Iosurallee / Bond Type RequinA Limits I, Z Workcr'sCompensation Statlulory Limits of Florida Slatulcs, Chapter 440 and all Pederali Ciovernatent Statmory Limi(h and Requircments Rvidence orworkers' cumpensation coverage or it C'eriilicrrte of Exemption isstivd by the State or Florida i r inquired. I:sntiun that are liarme(l a, Sole Prupriviorshil)s shall not be retluired w Provide u prool'of exemption. An application ror exemption cat) be ohtalne(I online al 1gItLw,aL(4!t�P`>> 2. Flnploycr's Liability S 1,004,000 single bill it per occurrence 3. ® Commercial Central i3odily Injury and Property Damage Liability (C)t urrcnce Form) pallcrned :icier the s I,()00,000—sing,lc limit per occurrence, S;2,000,000 aggregale for Bodily Injury curmni ISO form I._mbility and Propcily Damage liability. The General Aggregalc limit Shall be endorsed to tlpply per project. This shall include Premiscs and C]peratiolls, Independent Conrraclors; Producis and t..ompictod Opendions sued C'ontracuml I.,iahilily, d. lndemIli ficrtlit'll To fliv nmx'llnulll Won( lact7tlitled I)y Florida jaw, Lhc ContraetorlVendor shall d(And, indettanify and hold hatrn less Coltiet-(''aunty, its orlicers and clvlployces ti-an, any and all linbiliticti, datnttgcs, log-ws and casts, including, but itol limits*d to. realonuble ❑Ltcirlteya` revs artd lwaleg.als' foes, to the extent caused by the negligence, recklessness, or inlvrtlionally wrongful conduct ol'the Cowraclorl Vendor or anyollr cmploy'C(I Or Llti& d by 111C COil tl'r f torNendnr in lhv perrurntunct of this Agreement, 5, Autgaltobilc Litib'rlity S-1,1100,000_ !',aclt Occurrence: Bodily Injury & Property Danaage 0wiivi/Non-ownc.alll4ircd; Au(oniobilc Included 6. ® 011lcr inglin,naa as © Witicrcrall Si._--.- I...--.- Per Occurrence noted: ❑ UnitC(I Stales Longsllorenmil's Mid I-larborworkees Act Coverage shrill he maintained where applicable to the, completion ol'JIV work. Per Occurrence ❑ Maritime Coverage (Janes Act) shall he maintained where. applicrlble to tlic cortt111C11on of the. work. S 11cr Occurrence ❑ Aircrali I..,iability wvcrage shall be carried in limits ol'not less than $5,000,000 each occurrence if lApplirahle to t11C �xmiplclion of lift' Selvi"s under INS ikgrecniew. S Per Occurrence S 1,000,000 Ni-OCL:utrcrtctti ❑ Prol'essia nal i_.iahility S_.--.----.._� Per chiral & in the Laggregnlc ❑ i''rojeel Prafcssimial Ulhilit} .__....._....- Per (.)ccurrelwe ❑ Valua tfle Papers ln4unmize .......... Por C:Iccurrence ❑ Cyber Liability .y..„�._, Per OccurrencC ❑ 'I'eclillology Errors & t]mission4 Per Occurrcncc 5r2712022 10A7 AM OCAO p, 15 Cotner Counly Sotlrilalion 22-705R 7. Z Bid bond Slmll Ise 4nhmillcd with proposal response in (lie form of certified funds. enshiers' check or mi irrevocable letter of credit, a cash hoed poslecf wills tale County Cluk, Or propmul stand in a suns equal It) 5% cif lire cost plx.)rosal. All checks shrill he made payablt: to the Collier County 1 OMA Of' County Commissioners on a (lank for trust compum le+c:tlted in the Sufi of Florida 5md insurcd by the federal Depmit h}suraricc Corporation. 3. 1}erf'nrnlant t ants I car iari�jccts in excel;~ or $200,(1(t0, bonds shall be submitted wi111 the Melllecl Poymum Bonds Contract by Irrnposers receivilig a ord, and written for 1001/11 of'thc Contract im-ard aniotrnl. the cost horne by tho Proposer receiving an award. 'nce PeI'fitrntance and Payment Bonds shall be micicrwritten by a surety aulhorired to day business in the Slate of Florida mid otherwisc aceepuilllc to Owrrvr; provided, however, the surety shall be rated Its "Aµ" or better as to gencrtll policy holders resting and Class V or higher ralirlb as to IInallcial Sizt-, i iAlCgUry and tile.1111OL1111 regtlired sllalll tml exceed 5% of t1le reported policy lioldem, Surplus, all tit reported in the most curt'ut Best Key fitting Guide. ptiblished by A.ivl. Best Company, Inc. of 75 Fultou Sti•cel, New York, New York 10039. 9, 0 Vendor shall ellstlVC tilat Al subcontractors comply wish the slime inset-lnce rcguiremums that he N required to meet. The same Vendor sluill provide Counly wi111 certifica(es of 111Surance mee ing the r%xjulred insurance provi6orls. Ill, 0 Collier Counly must be named as 'ADDITIONAL INSURFl)" on the Insurlmice Ccrtifiotlte fir Commorcial Genernl Liability oalicre required, `i'his insurance shall be primary and non-contributory with resped to any wirer insul'artce Lm011ained by, Or availnhlc for the beleflt of, 111e Additional Insured rind tiro Vendor's policy shall be cridorsed accordingly. 11. Z The Cerlificuie Holder shrill be named ns Collier C.'ourrty Board of County Commissioners, OR, 13olird of County {' 0111nlissiollcrs in CcliliGr County, OR Collier County C:rovernmerit, OR C'ollirr County. The Certificalts of Imirmici: rllusl state the Contract Number. or PriblCcl N11111ber, tat• SPCOiiic project description, cn• must road: 1'01- any and nil work pet-roo l{id oil behalfof'Collier County. 12. © on nil cerflnellto4, the Cerflnca(e liolder muss rents: Collier COLVIly Board or (;'cu55n1istiinners, 3295 1-mniumi Trail C'atit, Naples, FL 34112 13. 'I'hirt`' (30) Days giteWlsttlatl hlotice required. 14, Collier Cotji4hull (1Scioc�4 i�ltlail tt Builders Risk Insurance on all construction protects where it is deemed Il[CCSSSI'�1� tll`il ct1`,crage shall be ends►rscd to eovtr the interests of Colhim- County as well as the C'nntraclnr. Premiums shall be billed to Ihp project and Ihu Contractor shall soot include Builders Risk premiums ill its project propo,ml of project billirip. All g11"lions rgardhig Builder's Risk insurance will be addressees by the Collier Coullly Risk h"1t1tiagel1}ew Divisioti. GG — 5118122 1'rndor's lnsuraticc Acceptance 1#y submission of the laid Vendor a"ei11S and miderslands 11w insllrmiee requiremems of these specifications and 1hal the evidence of insurtlhility may be required %viihin live (5) days of Ills award of Ibis SUlic'ittltiillt. The insurance, submitted must provide coverage fora nlillimum of six (6)11101101s (From tilt dale LA'smy" rd. 612712027 1017 AM i )ft.(3 n.1r EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: afte r (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . 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 [monthlylfinal] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: President [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑ 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: (244.3] r EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier Coun!y Board of County Commissioners the OWNER or Collier Countv Water -Se r Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Re resents#ive: Name Application Date: Contractor's Name & Address: Payment Application No. Original Contract Time: Original Contract price: $ Revised Contract Time: Total Change Orders to Date. $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Hate: $ Retainage a@5% through Llnsert Date] $ Retainage @ 5% through [Insert date $ Retainage @ % after Insert lake $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s $ _ — Percent Work Completed to Date: % AMOUNT DUI; THIS APPLICATION: Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ I Remaining Contract Balance $ — ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNED 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 property 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. 11--- 20 Construction Services Agreement�8E 2��ver.31 E%HIRIT D jContlnuadj SCHEDULE: OF VALUES Project Name: Project Numbor: pate: Poriod To: ITEM NUMBER DESCRIPTION SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETED & STORED TO DATE PERO"T CCMPLETE BALANCE TO FINI$tl 5% RETAINAGE —% RETAINAGE Imd—d tale) TOTAL RETAINAW WITHHELD PREVIOUS APPLICATIONS THIS PERIOD THRU DATE SINCE DATE TOTALS Expianatlon for the two columns under Previous Appllcatlons: The Thru Date is Where you will place all infGrmatinn until the contract Is complete unless a relea3e or (eduction of retainage Issue comes Into play, If this happens, all Informatlon up to the date of the %change in retainage Is placed In the Thru Date column. Information afterthal date Is placed I n the Since Data column. This states what has happened since the change I n retainage. 21 Construction Services Agreement: [2022ver.3] Exhibit D (Continued) Stored Materials Record Formula: A+ B- C- D= E A B C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install !r 22 V2f.3] Consiruction Services Agfeementt[,2�1 EXHIBIT E; CHANGE ORDER G011767 County Procurement Services Change Order Form ❑ Contract Modification Cl Work Order Modification Contract#: Chartgo 9'� Purchase Order 0: Project C Contractor/Firm Name: = I� I ContractlProject: Project Manager Name: Divlsion Name: Original ContractlWork Order Amount Original BCC Approval Data; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current CantractNvork Order Amount SAP Contract Expiration Dale (Master) Doilar Amount of this Change ODIVlol Total Change from Original Amount Revised ContractlWork Order Total $ 4.00 #DIVloI Change from Current BCC Approved Amount f'.N,mularhr� r'.hannws o.n #DIVl4! Chance from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved � Devised Oath Date Completion Dale Date (Includes this thanes) # of Days Added Select Tasks ❑ Add new task(S) ❑ Delete to skis) ❑ Change task(s) ❑ other Provide a response to the following; ).) detailed and specific explanstionlrationale of the requested changes) to the task(s) and f or the additlonal days added (If requested); 2,) why this change was not included in the original contract; and, 3.) describe the Impact If this chance Is not oroctssed. Attach additlonal information from the Design Professional andfor Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall conslitute a modification to contract 1 work order identified above and will qe subject to all the same terms and conditions as contained in the contract 1 work order Indicated atyove, as fully as If the same were stated In this acceptance. The ad)ustment, if any, to the Contract shall c❑nsfitute a full and final settlement of any and all claims of the Contractor 1 Vendor 1 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 l Vendor 1 Consultant 1 Design professional and Name of Firm, If project applicable) Accepted by: I hate: (Design Professional and Name of Firm, If project applicable) Approved by: Dale: (Division Director or Designee) Approved by: Date: (Procurement ProfesslorI R1:Yi`retl. 011141ZQ r ,Ititwiiom who may emililu: adtlilinnaf signuSurCB +nrri im hok, oo ncouraio sholet) 1- 71&urn ONLY r rr-Xr uONLY ^ rcdrnn._ RAFT .yFf:i: r:9.., _ 23 Construction Services Agreement:;142�ver.31 Change Order/Amendment Summary COST TIME CO# AMD# Description Add.lti.ve Deductive Days New Justification Added Amount Revised. 49R4j2.0'61 n•ray rrgiurrs ar.kdifio[Ihl hiigM7tlirs'S MaY 1110108 air WIMPIf, l}ipei.j PNQCUAFIA@IiTYKQKV vGlnl;f Aip�' rscr, �.n 24 OonsftuCkion Services Agreement: [2Q,�2+ er.3] OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work [or designated portion] is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNF iR, 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: [26#_:ver.3] OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on By: Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on 20 By CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title 20 26 Construction Services Agreement: [20J2_yer.3] EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: ate: 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 asset forth in the Agreement' Calendar Days. Actual Final Compietion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form), 5. As -Built drawings obtained and dated: 5. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 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 NIA. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: By Design Professional: By Owner: Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 27 Construction Services Agreement: [�022_y er,31 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents, Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2,3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 28 Construction Services Agreement' [2022_ver.3] 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services alcove, 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, t2022_ver.31 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 213,735, 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 3a Construction Services Agreement; [2022 ver.3] �C 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 CC 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 "lathes" 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: [2422_ver.31 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 Ganslruction Services Agreement; [2422_ver.3] `,� those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents, The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement; [2022_ver.3] 1 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 -GUILTS 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 (b) 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: PublicRecordRe uest collier'count fl. ov 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_yer.3] 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 "fro 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 (2422_ver.3] 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Worm not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction Services Agreement. [2022_ver.3] the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parrs come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected, The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results, Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement: (2022,ver.3] , any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C, 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 143 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448,095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DH5) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and bequest for Proposals (RFP) including professional services and construction services. Contractors I Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement; [2022 ver.3i , If the BidderlCon tractor does not comply with providinA both the acceptable E-Verify evidence and the executed affidavit the bidder's I Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http:llwww.dhs.go_v_/E-Verify+. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17A Pursuant to Section 218,80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s), Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement: 12422 ver.3) 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (6) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement: 12422 ver.31. ,.� or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement, If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. in no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20, COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete, Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement: [2022_ver.37 3AU not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men ;supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair, Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construction Services Agreemeft [2022ver.31 rc PD-0 expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.8 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work 'in accordance with the Contract documents. 23. DEFECTIVE WORK. 23,1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, aA Construction Services Agreement; [2422_ver.3j Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person, 23A Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance~ with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement: [2422_ver.3] 000 of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager aye engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered, 25. PROTECTION OF WORK. 25,1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 46 Construction Services Agreement: [2022 ver.31 1 shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27A Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28, SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement; (2022_uer.3],'; Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28,5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28,57 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 48 Construction Services Agreement; [2022_ver,31 28,5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or ❑esign Professional, The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager, 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of --Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AN❑ DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 49 Construction Services Agreement, [2022_ver.31 0010 32,2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents, In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs, 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction Services Agreement: [2022 ver,3] The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract et . Construction Services Agreement' 12022 ver,3] 1 '� price, damages, losses or additional compensation, Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1 A Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Lags 34.1.4 Equipment Purchase/Delivery Logs 34.1,5 Contract Drawings and Specifications with Addenda 34.1.E Warranties and Guarantees 34.1.7 Cost Accounting Records 34A .8 Labor Costs 34.1.9 Material Costs 34.1,10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1,29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 62 Construction Services Agreement: [2022_ver.3 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information, Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and mare them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS a,collierc_ountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development, A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement' t2022_ver.3j 38. A,BOVEGROUNDIUNDERGROUND TANKS 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30130A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NI,PA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products, 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials, The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Construction Services Agreement: [2022_ver.3i C,X0 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Attached hereto, following this page ® Not Applicable 55 Construction Services Agreement; [2422_ver.3] .