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#22-7965R (DBE Management d/v/e DGE Utility Serviceds) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management ///02z, 2. County Attorney Office County Attorney Office �J t/2 4. BCC Office Board of County Commissioners I A bye fr/ . (I q 2,Z_ 4. Minutes and Records Clerk of Court's Office l'k,' 4 21?— 9" - 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Patrick O'Quinn/PROCUREMENT Contact Information 239-252-8407 Contact/ Department Agenda Date Item was NOVEMBER 8TH,2022 Agenda Item Number 11.D. Approved by the BCC Type of Document CONSTRUCTION Number of Original 1 Attached AGREEMENT Documents Attached PO number or account N/A 22-7965R D.B.E. number if document is GOLDEN GATE CITY MANAGEMENT to be recorded TRANSMISSION DBA DBE WATER MAIN UTILITY IMPROVEMENTS SERVICES PHASE 2 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PRO signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PRO document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PRO signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! �c�.EWED 8. The document was approved by the BCC on 11/08/2022 and all changes made clgrlgl N/A is not the meeting have been incorporated in the attached document. The County Nov 0 8 2022 an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is readyffiSlainana9eMentan option for Chairman's signature. this line. _ CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with D.B.E. MANAGEMENT, LLC d/b/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.html#certified. Should the Contract Amount be less f:,(CD)• 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 sole 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 ($1,665) 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 CAO 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 I I Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 OCAO Construction Services Agreement: [2022_ver.3] 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 M Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation ITB # 22-7965R "Golden Gate 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: https:// www.bidsync.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 I lExhibit 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(c�CollierCountyFL.Gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: D.B.E. MANAGEMENT, LLC d/b/a DBE UTILITY SERVICES 13387 Bryan Road Loxahatchee, FL 33470 Attn: Dustin Ertle, President Phone: (561) 508-3708 Email: CLAMOUREUX@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.3] Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement:[2022_ver.3] Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** Remainder of page intentionally left blank 6 COS Construction Services Agreement:[2022_ver.3] IN WITNESS WHEREOF the parties have executed this Agreement on the date(s) ndicated below. CONTRACTOR: TW WITNESSES: D.B.E. MANAGEMENT, LLC dlbla DBE UTILITY SERVICES RST WITNESS By: 04,Z> Print Name DLi t11-1 EN-IC - prtSkdC_ - 0611 0S112- < Print Name and Title Date ECOND WITNESS J a1s'ia /q/br'—/-/cr Print Name Date: ncti 0si22 ATTEST. OWNER: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS & Comptroller OF COLLIER CO TY FLORIDA ce)Aplio._ BY: BY: n r tilliam McDaniel, Jr.. Chairman Attest as to Chairman's signature only. Approved as to Form and Legality: County Attorney Print Name Ce Construction Serv,ces Agreement.12022.ver.31 , EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: [2022_ver.3] CNC GOLDEN GATE CITY TRANSMISSION WATER MAIN IMPROVEMENTS PHASE 2 BID SCHEDULE SECTION 1:GENERAL .•' .;.;4, ITEM EST. DESCRIPTION (WANT. UNIT UNIT PRICE EXTENDED PRICE NO. , 1 Mobilization/Demobilization 1 LS $ 293,685.00 $ 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 Furnish and Install Project Sign 1 LS $ 12,367.00 $ 12,367.00 SECTION 1 SUBTOTAL: $ 561,602.00 S 4ECTiC*421YATER SYSTEM , ITEM EST. DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE NO. OUANT. 6 Water Main Pipelines(Via Open-Cut) a. 8-Inch PVC DR18 175 LF $ 82.00 $ 14,350.00 - b. ... 12-inch DIP(Pipe Material Purchased by COUNTY) 4,361 LF $ 52.00 $ 226,772.00, c. 16-inch DIP(Pipe Material Purchased by COUNTY) 13,544- LF $ 55.00 $ 744,920.00,, 7 Water Main Pipelines(Via Horizontal Directional Drill) a. 16-inch HDPE DR11 (Pipe Material Purchased by COUNTY) I. Santa Barbara#5(Entry to Exit=775 L.F.) 1 LS $ 137,025.00 $ 137,025.00 ii. 55th Terrace#1 (Entry to Exit=513 L.F.) ,. 1 LS $ 123,867.00 $ 123,867.00 iii. Green#1 (Entry to Exit=995 L.F.) 1 LS $ 158,380.00 $ 158,380.00 iv. Green#2(Entry to Exit= 1,402 L.F.) 1 , LS $ 199,660.00 $ 199,660.00 v. Collier Property#1 (Entry to Exit=602 L.F.) . 1 LS $ 125,579.00 $ 125,579.00 vi. Collier Blvd#1 (Entry to Exit=1.052 L.F) 1 LS $ 175,190.00 $ 175,190.00 8 'Connect to Existing Water Mains a. 8-inch WM(AC)(Cut In Existing) 2 EA , $ 33,333.00 $ 66,666.00 b. 8-inch WM(PVC)(Cut In Existing) 2 _ EA $ 34,188.00 $ 68,376.00 c. 12-inch WM(Cut In Existing) 2 EA $ 41,819.00 , $ 83,638,00 d. 16-inch WM(Connect to Phase 1) 1 EA $ 54,728.00 $ 54,728.00 _ e. 36-inch PCCP WM(Cut In Existing) 1 EA $ 287,428.00 $ 287,428,00 9 Deflect Existing Water Mains a. 2-inch WM 1 EA $ 15,494.00 $ 15,494.00 i b. 6-inch WM 3 EA $ 15,494,00 $ 46,482.00 10 Alr Release Valve 17 EA $ 2,711.00 S 46,087.00, 11 Fire Hydrant Assembly 27 EA $ 6,675.00 $ 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 $ 1,196.00 $ 2,392.00 c. , 12-inch Gate Valve 13 ' EA $ 1,291.00 $ 16,783.00 d. 16-inch Gate Valve 25 EA ... $ 1,529.00 $ 38,225.00 e. 36-inch Gate Valve 2 EA $ 14,298.00 $ 28,596.00, 14 Install"NEW"Water Service and Meter Box a. , Single Long Side 2"Water Service&Meter Box 11 EA $ 4,194.00 $ 46,134.00 .... b. ,. Single Short Side 1"Water Service&Meter Box 8 EA $ 2,677.00 $ 21,416.00 ._ c. Double Long Side 2"Water Service&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. Single Long Side 2"Water Service 2 EA $ 5,611.00 $ 11,222.00 b. Single Short Side 1"Water Service 15 EA $ 2,812,00 $ 42,180.00, c. Double Long Side 2"Water Service 3 EA $ 3,835.00 $ 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 —Pressure Reducing Assembly 1 EA $ 29,685.00 $ 29,685.00 SECTION 2 SUBTOTAL $ 3,249,491.00 CAO OLDEN GATE CITY TRANSMISSION 'ATER MAIN IMPROVEMENTS PHASE 2 BID SCHEDULE DUND 2 BIDDING 1 of 3 MAY 17,2022 SECTION 3: RESTORATION(WATER MAIN) ITEM DESCRIPTION QUANT. UNIT UNIT PRICE EXTENDED PRICE NO.18 General Restoration 18,350 LF $ 23.00 $ 422,050.00 19 Roadway Restoration a. Trench Restoration 379 SY $ 160.00 $ 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 Remove and Replace Driveways a. Asphalt(Includes 14 Gravel Drives) 1,703 SY $ 84.00 $ 143,052.00 b. Brick 333 SY $ 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 Walk&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 $ 30.00 $ 13,920.00 b. Existing 8"AC Water Main 108 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 16"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 b. Existing 16"PVC Water Main 41 LF $ 151.00 $ 6,191.00 25 Replace Existing Driveway Culverts 3,298 LF $ 76.00 $ 250,648.00 SECTION 3 SUBTOTAL: $ 1 897 678.00 SECTION 4: DRAINAGE ITEM NO. DESCRIPTION QUANT. UNIT UNIT PRICE EXTENDED PRICE 26 Remove&Replace Drainage Pipes 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(<10 feet) 2 EA $ 7,211.00 $ 14,422.00 b. Type E Catch Basin(<10 feet) 14 EA $ 8,816.00 $ 123,424.00 c. Mitered End Section(18"x12") 4 EA $ 5,071.00 $ 20,284.00 SECTION 4 SUBTOTAL: $ 324,980.00 SECTION 5: RESTORATION(DRAINAGE) ITEM DESCRIPTION EST. UNIT UNIT PRICE EXTENDED PRICE NO. QUANT. 28 General Restoration 744 LF $ 31.00 $ 23,064.00 29 Roadway Restoration a. Trench Restoration 158 SY ( $ 161.00 I $ 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 $ 97.00 $ 14,065.00 31 Remove&Replace Concrete Walk 42 SY $ 96.00 $ 4,032.00 SECTION 5 SUBTOTAL: $ 103 985.00 SECTION 6:ALLOWANCE ITEM DESCRIPTION EST. UNIT UNIT PRICE EXTENDED PRICE NO. QUANT. 32 General Allowance 1 T&M $ 300,000.00 $ 300,000.00 33 Storm Drainage Allowance 1 T&M $ 300,000.00 $ 300,000.00 SECTION 6 SUBTOTAL: $ 600,000.00 GOLDEN GATE CITY TRANSMISSION ENGINEER'S OPINON OF PROBABLE WATER MAIN IMPROVEMENTS PHASE 2 CONSTRUCTION COST ROUND 2 BIDDING 2 of 3 MAY 6,2022 CA SUMMARY E TI*N 1: EN -AL $ 561,602.00 SECTION 2:WATER SYSTEM $ 3,249,491.00 SECTION 3: RESTORATION(WATER MAIN) $ 1,897,678.00 SECTION 4: DRAINAGE $ 324,980.00 SECTION 5: RESTORATION(DRAINAGE) $ 103,985.00 SECTION 6:ALLOWANCES$ 600,000.00 TOTAL $ 6,737,736.00 *See Supplemental Specifications Section 01026 Measurement and Payment for Bid Item Descriptions. co, DLDEN GATE CITY TRANSMISSION ENGINEER'S OPINON OF PROBABLE ATER MAIN IMPROVEMENTS PHASE 2 CONSTRUCTION COST DUND 2 BIDDING 3 of 3 MAY 6,2022. EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 c,--,)) Construction Services Agreement:[2022_ver.3] Email; @colliercountyfl.gov CO ICY C01,111tY Telephone: (239)252-xxxx Procuiement Services DA/Isn Addendum #1 Date: June 15, 2022 From: Kristofer Lopez, Senior Procurement Strategist To: Interested Bidders Subject: Addendum #Solicitation #1 —Golden Gate City Water Transmission Improvements— Phase 2 The following clarifications are issued as an addendum: I. Revised Solicitation Uploaded: liquidated damages were updated 2. Q/A period extended to June 21,2022 @ 5:00 PM 3. Pre-Bid Meeting Sign In Sheet is attached to Addendum #1 4. Updated list of items to be purchased by Collier County is attached to Addendum #1 PDF If you require additional intbrmation,please post a question on our Bid Sync(www.hidsvnc,com)bidding platform under the solicitation for this project. Please si n below and return a copy of this Addendum with your submittal for the above refer sol' ation. Q1 I 0 .7 (Signature) Date •• • NAtaRcio\Q__Aki2_10- LLC cAbex UoV: V)ki it --Li SerrAccs (Name of Firm) .0) Email: Vicolliercountyfl.gov CO ley Comity Telephone: (239)252-xxxx Procurement Services Dvisicn Addendum #2 Date: June 27,2022 From: Kristofer Lopez. Senior Procurement Strategist To: Interested Bidders Subject: Addendum #Solicitation #2—Golden Gate City Water Transmission Improvements - Phase 2 The following clarifications are issued as an addendum: I. Change Bid due date: 6/2g/2022 (ii? 3:00 PM Bid Due Date: July 7, 2022(4) 3:00 PM 2. Revised Bid Schedule Attached. If you require additional information, please post a question on our Bid Sync (‘N +bids\nc coin) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above refe• cc so 'tation. (Signature) Date LL Abc\_ bbE L)-71 (Name of Firm) (7,()),, Colter County Solicitation 22-7965R Director.Procurement Services Division FORM I-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Golden Gate City Transmission Water Main Improvements Phase 2 BID NO.22-7965R Full Name of Bidder DBE MANAGEMENT LLC dba DBE UTILITY SERVICES Main Business Address 13387 BRYAN RD LOXAHATCHEE FL 33470 Place of Business 13387 BRYAN RD LONA HATCHEE FL 33470 Telephone No. 561-508-3708 Fax No. 56 I-508-3713 State Contractor's License 4 CUC-1225812 State of Florida Certificate of Authority Document Number P04000088463 Federal Tax Identification Number 20-1331070 DUNS#. 06-209-6703 CCR# Cage Code SOK I To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA (hereinafter called the Owner) The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those.named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted. Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of'the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth,as liquidated damages, for the delay and additional expense to the Owner,it being recognized that, since time is of the essence,Owner will suffer financial loss if'the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event cif such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates. and Bonds as required hereunder, The 5/27/2022 lonAgtruction Solicitation Doc rev 04152022 CAO• P'5 Collier County Solicitation 22-7965R Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Five Hundred and Forty (540)consecutive calendar days, computed by excluding the commencement date and including the last day of such period,and to be fully completed to the point of final acceptance by the Owner within Thirty(30)consecutive calendar. days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by.an Authorize Agent Signature: Title PRESIDENT paw, 06/28/2022 5/27/2022 101370fitittliCtiOn Solicitation Doc rev 04152022 P,6 CAO Collier County Solicitation 22-7965R FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Golden Gate City Transmission Water Main Improvements Phase 2 Rid Na. 22-7965R Name Personnel Category DAN RODRIGUEZ Construction Superintendent DUSTIN ERTLE Project Manager HECTOR MEN ESES Assistant Project Manager SEE ATTACHED RESUMES Construction Solicitation Doc rev 04152022 5/27/2022 10,17 AM P 7 Dalue IN" • ; RODRIGUEZ General Superintendent Summary ot QuallficatIons Mr. Rodriguez has 16 years of construction field superintendence, management of Yeais 17)ipetic,n,;t; subcontractors and responsibility for HSE on all of our jobsites. Daily,he ensures 16 our crews have whet they need to be safe and successful. In addition,he has managed water conveyance,fiber optic and power transmission projects Ealicalioti extensively using HOD&open cut techniques across the state. He is familiar with Miami-Dade Community College the varying geologic conditions that exist within Florida and make each project that he undertakes unique,At DBE. Dan holds the position of general superintendent where he supports multiple of our market segments, iielevanl Prorecl EXpenenCe Certified FOOT Intermediate AAOT Subaqueous Crossing PkcIde Harbor, Gatiparille Island, FL Competent Person:Excavation/ FP&L required a new subaqueous conduit system so that they could energize a feeder pole located on little Gasparitia Island. The work was Shoring and Confined Spaces extremely lime and environmentally sensitive, necessitating dose OSHA 10 coordination with FDEP resident Inspectors, as the drill was set up on the Boca Grande Causeway to install this 4,571 LF shot of 16" DR-9 HOPE fusion certified-McElroy HOPE crossing 80 feat beneath Placida Harbor end the Gasparille Pass Trackstar 1200 near the exit to the Gulf of Mexico. All equipment, pipe materials,thermal butt fusion and cable pulling occurred Island-side and required barges and baste to access the Island: as no bridge or roads exist to aigest Piptuirie Pioiects get there. UG Feeder W8 instal Istlon South Daytona Halifax River Managed construction of: Subaqueous Crossing, Daytona Beach, FL This project consisted -23,000 LF 18"HOPE by HDD of the subaqueous installation of 5,298 IF of 16" DR-7 HOPE beneath the Halifax River to replace an aged submarine feeder cable bringing -30,000 IF 16"PVC by open cut power from the mainland to a new distribution pole on the beech side. -40,000 IF 10" HDPE by HDD What made this project unique was that across a horizontal alignment,the 90 feet deep bore path had to follow a submerged land easement that deviated (underway) approximately 1,000 LF north AND south of a straight centerline, where the -41,500 IF 24"and 16"HDPE/ plan view slightly resembles an"S' placed on its side. PVC by HOD and Open Cut JEA 1-Line to Butch Drive Transmission Force Main, Jacksonville, FL This project included 6,321 LF of 36" DR-11 DIPS HOPE installed by HOD and 3,500 LF of 30' DR-25 PVC force main installed by open cut methods, within FDOT '1.95), JEA (public) and Anheuser-Busch (private) easements and ROWs. HDD segments required 3rd party engineering verification calculations, end the bores ranged in depth between 50-60 feet below grade, with the longest single shot being approx. 2,885 IF, end included both terrestrial and wetland crossings. The project was completed $500,000 under budget. 48" North Redundent Sewer Force Main, Fort Lauderdale, FL On this progressive design & construct project, an award was made to 2 contractors. DBE was invited to join the Murphy Pipeline I Chen Moore team to accommodate the city's wish for trenchless construction methods on the northern spread. Our scope of work is to install 17,000 IF of 48-Inch DR13 5 DIPS HDPE by HOD methods, divided among 11 drill shots with a minimum distance of 1,300 LF and a maximum of 3,500 IF with a subaqueous crossing of the New River, Depths range from 46-55' BGS, Emergency 30" Forte Main Reptacernant • Phases 1.3, Fort Laudesdale, FL, This project included 3 phases where more than 4 miles of new and rehabilitated pipe were installed via a combination of trenchiess methods, including HDD and compression fit lining. Of the 22,000 IF of new 30" HOPE force main, 8,746 LF was installed by HDD, with depths between 35' - 50' BGS, Phases 1-3 consisted of single shots respectively: 3,004', 2,224' and 3,518' of 30" DR-11 HOPE. Subaqueous crossing of the Tarpon • River, CAO Hector MENESES Senior Estimator ft".001 & Project Manager Summary of QuatificationF Mr. Meneses is a seasoned estimator & project manager. Over his 34 years of experience, Hector has worked in surveying for the FDOT, as a district Yews of Expef lei we manager for a global infrastructure construction management firm, and as a 34 project manager with multiple respected utility contractors in Florida. in addition to pipelines & roadways, Mr. Meneses specializes in the new construction and rehabilitation of lift and pump stations, having over a Education decade of experience working specifically with those systems on major capital projects. Civil Engineering - Florida International : University Reclaimed Water Main for Area 10, Delray Beach, FL This project includes the installation of 5,553 IF of 12-inch HDPE and 1,737 LF of 6-inch HOPE reclaimed water main installed by HOD. The work Includes a crossing of or e C 0 mpe tencies FEC Railroad with a 136 IF jack & bore and installation of approximately 550 LF of 6 Strategic Planning pipe and connections by open cut. The work had to be coordinated around a tennis tournament, the City's Christmas events, and the new year holiday. 6 Budget Planning Approximately 15 new ARVs, some with structural traffic-rated maholes, 10 gate valves and 75 dual check valves are being installed, along with mill and re- Estimating surfacing of the various roadways that have been Impacted. Cost Control New Reclaimed WM, Master FM Replacement, & Pollard Road 6 Project Management Water Treatment Plant: Phase 1 - Water Main, Winter Haven, FL Due to the tremendous growth& unprecedented migration of people moving to the state, 6 Quality Control especially in central Florida, the City of Winter Haven put out this project to upgrade and up-size their existing water, reclaimed water, and sanitary force Project Controls mains throughout the City. They include 24-inch reclaimed water, 24-inch sanitary and 16-inch water main: for a total of approximately 41,500 LF. In addition to the new water utilities, a 4-inch fiber optic casing is being installed in parallel to achieve the City's goal of providing higher Internet speeds in what has traditionally been a smaller community. A change order for Progressive Design build (PDB) of the new Harmony Master Lift Station Is being issued to include triple 12-foot x 14-foot precast wet wells, LED lighting, a diesel generator including 250 gallon tank with 1,000 gallon additional storage capacity, scrubbers, a new operations building with telemetry tower and privacy walls. Country Club Ranches Water Main: Phases A-C, Miramar, FL - This project lies within the Country Club Ranches neighborhood end includes 18,850 IF of 6-inch HDPE by HOD methods, 4,950 LF of DIP by open cut, 99 new gate valves, 35 new fire hydrants, 100 new services and 28 sample points. Additionally,the new main was connected to the existing by wet taps and valve assemblies. NASA I Kennedy Space Center Fiber Communications - This project included a single HOD shot of 4,576 LF of 6-inch .250"wall steel casing along NASA Cswy, The scope also included welding of the steel pipe to USDOT 49 CFR Part 192 / 195, and installation of 4 x 1-1/2"inner conduits stuffed into the casing with mule tape for final government installation at a later date. Installation with full stop orders had to accommodate NASA launch schedules.. Bayshore Drive Intracoastal Force Main Design/Build, Fort Lauderdale, FL - Replacement & upsizing to 20-inch HDPE of a deteriorated ductile iron force main along NE 9th Street from Middle River Drive, beneath the Intracoastal Waterway and connecting into an existing 18-inch main on Bayshore Drive. At the ICWW, the crossing was reduced from a single 20-inch pipe to dual 14-inch pipes that were pulled simultaneously through the same borehole. On both sides of the waterway, DBE Utility Services constructed a permanent by-pass system with plug valves so that the City would always be able to maintain an active line in the event of an emergency. The entire system was built using resilient&fully restrained HOPE pipe and fittings. ,..ro CAO Dustin Ertle ` P/`esid(,Dt | PrOjc{( EtecUtive) Driller Mr. Ertle has /7years of leadership and hands-on management experience in the horizontal directional drilling& utility industry. Ay the founder and ' president o/DBE, he has grown the company from performing sub-contract specialty drilling services rua°mnj'vvinninD.turnkey, large-scale utility construction. Ouc'of-thc-bos thinking and entrepreneurial drive, coupled with visionary leadership have yielded Substantial achievements and a track record of performance. M,. Erde specializes in fiscal and operationally complex projects utilizing uvu||ub|e data and technical ona|ys1x, cost management and BMPs to provide superior outcome pleasing to all stakeholders. ��rr�'+r�� e An atypical business owner and manager, Mr. Ert|e is skilled at performing all the job functions of his cnewmembam. This includes operating each of the company's HOD rigs and support equipment. He believes that leaders are borne by example and strives to lead assuch. Skii(s (loca Ra tori, F � Define company strategy ~~`~''``° ' '~^ ' C"' w Oversee management team V Plan &direct all functions of the company ` * Ensure efficient & effective utilization oY company resources [ 11 integrate functional capabilities ofcompany to reach financial and operational goals WIC —~~�� , Deploy resources to achieve financial forecast and business objectives � Motivate employees for peak engagement & performance ^ Budget & Cost management oversight . Contract negotiations � Cost Q Profit analysis ' WA, Utility S°_°ae" 1338/m^p°x4,w LoXa^*Vu� u 13470 Collier County Solicitation 22-7965R FORM 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETEA)OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price,fitness and quality are equal. Exceptions(when equals are acceptable) may he requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: DB NAGEMENT LLC dba DBE UTILITY SERVICES Signature: Date: 06/28/22 Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 2. 3. t , 4. c Please insert additional pages as necessary. Dat5 Construction Solicitation Doc rev 04152022 5/27/2022 IfIl7 AM C80 P-8 Collier County Solicitation 22-7965P, FORM 4- LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed, herein are"qualifier(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its hid offer. Further,the Owner may direct the Successful Bidder to remove/replace any Subcontractor.at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner.(Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified kit any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor an: A ',vss _;±• ‘ I. Electrical-Survey 12 UTILITY ENGINEERS 5670 .7.1/),pR NT MYERS FL 33905 2. Mechanical 3. Plumbing-Unstop RANGELINE TAPPING SERVICE 1997 42 ND ST NW WINTER IIAVEN FL 4. Site Work-Asphalt .COLLIER PAVING CONCRETE/SOUTHERN STRIPING 5. Roadway "24520 PRODUCTION CIR BONITA SPRINGS FL ... 6. Identify other subcontractors that represent more than I WV° of price or that affect the critical path of the schedule Company: _p_BE i. .' lE ...,..:T LLC dba DBE UTILITY SERVICES 4 Date: 06/28/22 Signature: _ _ Construction Solicitation Doc rev 04152022 5/27/2022 10:17 AM P.9 CAO Collier County Solicitation 22-7965R FORM 5-STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BiD MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. SEE SUPPLEMENT QUALIFI( ATION REQUIREMENT'S (The ,tioppletnentot ftnuli/rcrrtion3 trWAeN precedence, .flu}Carl there he constricting!a)tgctetge with thx' fF rttt..) The Bidder is required provide five(5)project references, stated below,of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1'. New Reclaimed WM,Master FM&Pollard Road WFP Ph.i WM Q y of Winter Haven (project name) (project owner) Winter Haven,Polk County,FL 4.50hirdStreetNW'Winter Haven,FL 338$1,,,, (project location) (Owner's address) 4.1150o LF of new 24-inch RCM,FM&WM(includes approx.7,00o LF 16-inch HOPE) Mr.Jeffrey Crowley,PE,CCM,PMP,LIED AP,DBIA-Vice President (project description) (Owner's (Owner's contact person) (title) ►!.'lar4.h.,.&n.:�..:.Pre ent_4YQg.,).....__..-... $ 12,3211877 13.,?S13.9I° ..........._.._...._.__ -c cwley:QJ°0.2'. etm.un-d,_s._©n1..._._ (project start/completion dates) (contract value) (phone) (email) Poinciana Blvd 2q-inch Water Main Extension TOHO Water,AuthoritX (project name) (project owner) Kissimmee,.,Osceola Countys_fL g51.M.LK„Blvd,Kis;simmee.,Ft347.4?.......... .. (project location) (Owner's address) 4,15o LF of new HDPE&Certalok PVC water main installed by HDO with tie-ins&reverse wet tap- GeQrge,Eversple.,PE Project Ma.nagg( (project description) (Owner's contact person) (title) February 2olog-July 2020 $ t,j74.165.00 AQZ:.944.5.025.:: .........._ _�evetsole@tohowater.com (project start/completion dates) (contract value) (phone) (email) 3. Water Main Interconnect-Section C_._.........._._.____.......... Qty_of Boynto0..Beach......._. (project name) (project owner) 6oynton Beach,Palm Beach County,Ft too E.Ocean Avg.Boynton Beach,,FL.33,435,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,-..,. (project location) (Owner's address) Installation of 5,50o LF of 42-inch HDPE by HDD&approx. 5,voo LF of 36',24"&20"DIP by open cut. 1-q5 crossing. Richard Crow,Construction Manger (protect description) (Owner's contact person) (title) .F.e4Riary. 0.4.t0bgC29.1§.._._,__ $_.2,,,z7o,00n.ag........ 954 4541..§.9.4__ _.. richcrow.@growl..com............................. (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 5/27/2022 10:17 AM CAO p.10 Collier County Solicitation 22-7965R (_. V _ FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4, Airport Road 16-inch Water Main City of E3oca Raton (project name) (project owner) Airport Perimeter Road between Glades& Spanish.River,Boca Raton,FL 201 W.Palmetto Park Read,,E oca Raton FL 33412 , (project location) (Owner's address) Installation of 17,000 LF of 16-inch WM by open cut .lack&bore,and IIDI)methods. Stephen Decker PE.,CGC Project Manager (project description) (Owner's contact person) (title) December 2012 .._.___............._._......_ $.2,800,000.00 S61.722.1556 sdeeker@bhuconst.con .__._._ (project completion date) (contract value) (phone) (email) 5. Poinciana Blvd 2 47inch Water Main Extension _.... TOHO Water Authority,,,...,,,_...................,,,, „_,_ ___._...._... __... (project name) (project owner) Kissimmee,OsceolaCounty,.,ft 951 MLK Blvd,Kissirnmee,_F1,3424! (project location) (Owner's address) 4 drill shots-longest being approx.1,50015 of 24"HDPE Geor a F.versole,PE,....,, ...,_.,. Project Manager (project description) (Owner's contact person) (title) February 2019-July 2020__. S.__1237 165.aa_..__..._.._ _42Z4445925..................__.....,. _seversole@tohowater.com....,.............. (project completion date) (contract value) (phone) (email) Signature Date; y .�[ . 6. Water Main Interconnect•Section C City of Boynton Beach Boynton Beach,Palm Beach County,IL roo E.Ocean Ave.,Boynton Beach,FL 33435 5,50o I.F of 42-inch HDPE•longest drill shot Richard Crow,Construction Manager being 2,60o LF February-October 2°16 $2,270,000.00 954.254.7898 richcrow@gmail.com Construction Solicitation Doc rev 04152022 5/27/2022 10,17 AM p.11 CACI• Colter County Solicitation 22-7965R FORM 6-TRENCH SAFETY ACT TiiiS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the hid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90-96.Laws of Florida)effective October 1. 1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Ouantity) Cost (Description) (1..F.SY) I. SLOPE LF 20.000 1.00 20,000 2. 3, 4. 5. TOTAL S 20,000.00 Company: DBE M EMENT LLC dba DBE UTILITY SERVICES Signature: Date: 06/28/22 Construction Solicitation Doc rev 04152022 5/27/2022 1017 AM CAM p, 12 Collier County Solicitation 22-796512 LJI II FORM 7-BID BOND THIS FORM MUST BE COMPI.ETED OR BID MAY BE tw.Em ED NON-RESPONSIVE/NON- RESPONISBLE Bond Number 77972-INT-2206 KNOW ALL MEN BY THESE PRESENTS, that we DBE MANAGEMENT LAX dba DBE UTILITY SERVICES (herein idler called the. Principal) and Atlantic Specialty,.Insurance Company , (herein called the Surety), a corporation chancre(' and existing under the laws of the State of NY with its principal offices in the city of Plymouth.,MN and authorised to do business in the State or Florida arc held and firmly bound unto the Board of County Commissioners of Collier County Florida (hereinafter called the Owner), in the hill and just sum of Five Percent of Amount Bid )01XXX 5% )good and lawful money of the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made, the Principal and the Surety bind themselves,their heirs,and executors,administrators.and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install,and hilly complete the Work on the Project known as Bid No. 22-7965R Golden Gate City Transmission Water Main Improvements Phase 2. NOW, TI IEREFORI:, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Nonce of Award in accordance with the terms of such Rid,and give such bond or bonds in an amount of I 00",10 the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required ecnificates of insurance, if the PRINCIPAL.shall pay to the OBLIGEE the fixed sum of.AK 5% noted iibove as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 230,_ clay of June . 20 22 . _ DB r ILC dba DBE UTILITY SERVICES BY c)k(e8Ce•(* (Seal) Atlantic Specialty Insurance Company Surety (Sea!) ad ,ton i ov, mey- - act - Joni sick, t AgentLicense Number VV334270 Countersigned NiA Appointed Producing Agent for 5/27/2022 10:17 AM p 13 [ , „, IntaCt '., INSURANCE Pov'er of At Or rieV Solely Hand No: 77972-1N1-2206 primapai: D.B.E.MANAGEMENT,L.LC DBA DBE UTILITY SERVICES. Obligee: Board of County Commissioners of Collier County,Florida KNOW ALL MEN BY'MESE PRESENTS,that NELANric SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth, Minnesota,does homily constitute alai appoint: MariVa Leonldov ,each individually if there be mote than ron named,its true anti lawful Attorney- ,... „„„„..... bact,to make,execute,seal and deliver,for and on its behalf as surety,arty and all bonds.recognizances,comiacts of indemnity,and ail other writings obligatory in the nature thereof;provided that no bond or undertaking executed under this authority shall exceed in amount the Sinn of;unlimited and die execution of suds bonds,recognizances, contracts of indernnity.and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been fully signed by an authorised officer of the Company and sealed with the Company seal.This-Prover of Attorney is made anti executed by authority of the following resolutions adopted by the Board of Directors of AILAISTIC SPECIALTY INSURANCE COMPANY on the twenty-WM day ot September,2012: Resolved: "floe the President,any Senior Vice President or Vice-President teach an"Audimized O(ficer")may execute for and in behalf oldie Connally any and all bonds,recognizances.contracts fir indemnity,and all other writings obligatory tilthe nature(hereof,and affix the seal of the Company Mervin;arid that the Authorized Officer may appoint and authorize an Atromey-in-Facr to execute on behalf of the Company any and all such instraments and to affix the(.,,,ornpany seal thereto;and that the Authorized Of f icerinay at any time remove any such Attorney-in-Fact and I evoke all power and authority given to any such Attoriley.in- Fait Resolved: That I he Attorney-in-Fact may be given full power and authority to execute for and iti the name anti on behalf of the Company any and all bonds, retaiginzances,contracts of indemnity,and all littler writings obligatory io the twine thereof,and any such insatoment executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds,teeognizances,contracts of indemnity,and all other writings obligatory in the nature themof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATI,ANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth clay of September,2012: Resolved: 'Thal the signature of MI Authorited Officer,the signature of the Secretary or the Assistant Secretory,and the Company seal may he affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Pact for purposes only of executing and sealing any bond, undertaking,recognizance or other written obligation in the nature thereof,and arty such signature anti seal where so used,being hereby adopted by the Company as the original signature ol such officer and the original seal of the Company,it,he valid and binding upon the Company with the same force:and effect as though inanually affixed. IN wur NESS WHLREOP,At I AN IlL SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty•seventh day of April,2020. ...^0 a 1 a1 ...,, s 4., tp•—4?.e. "1-0%.,, 5a. 4 f" SEAL -1 by 74tellMjP"-- i.0 0s :- 1986 c i S'PATE OP MINNESGI.A s,I-, 4 iv y('‘',C‘ l4I,/ NO I,/WW1,hermit Vice Preattleai "ai, I IENNEPIN COUNTY N"'.i.att`i,a•aa'" On this twenty-seventh day of April,2020,before me personally came Paul J.Brehm,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY,to me personally known to he the individual and officer described in and who executed(Ise preceding instrument,and he acknowledged the execution of Me same,and being by me duly sworn,that he is the said officer of die Company aforesaid,and dial the seal affixed to the preceding instillment is the seal of said Company and that the said seat and lite signature as such officer was duly affixed and subscribed to the said instninumt by the authority and at the direction of the Company, fo ......_..... at, ais. ..... il, ... _a- Ar... 4.1 ''''''''14" A ISON°WAN NASH:ROUT t , ( w /741/TA7.14:iit i,ii. -a, NOTARY PU •MINNESOTA a„,.--iii,,..6., My Commission Expires . ) January 31,2025 Notary Public tir-no-ww"."-wwNr/9v—w-v-v--4A 1,the undersigned,Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY.,a New York Corporation,do hereby certify Mar the foregoing puts -n of attorney is iri hill force and has not been revoked,and the resolutions set forth above are now in force. Signed and sealed. Dated., 23rd day of June , 2022, „., a,i IN s, , i''''c.,tal'ON r4 tat-\ _fa . ,i''' SEAL i-i IQ el! 1'286 .c.i -,...:1- •t, . ) v ‘ , in t.I Nat a liarTovi,;7 ."'):::tary (--. . Please direct kind verifications at stalttatawmname...lailti ,(-2tk(..i.! • specialty intact. . solutions - Atlantic Specialty Insurance Company Period Ended 12/31/2021 Doffars displayed in thousands Admitted Assets Liabilities and Surplus investments Liabilities Elands S 1,827.267 Loss Reserws 1,012,842 Preferred Stocks Loss Adjustment Expense Reserws 307,403 Common Stocks 507 728 Total Loss&LAE Reserves 1.320,246 Mortgage Loans Real Estate Unearned Premium Resene 655,993 Contract Loans Total Reinsurance Liabilities 24,180 DerNathes Commissions Other Expenses,and Takes due 63386 Casn,Cash Equivelenis&Short Term imestments 174 241 Denuatiws Other investments 20,131 Payable to Parent,Subs or Altliates Total Cash&Investments 2,929 367 All Other Liatairlies 442 340 Premiums and Consideratons Cue 259 964 Total Llatslituaa 2,506.525 Reinsurance Recovemote 24,105 Receivable hem Parent,Subsidiary or Affiliates 56353 Capital and Surplus All Other Admitted Assets 59,690 Common Capital Stock 9,001 Preferred Caplet Stock Total Admitted Assets 3,358,479 Surplus Notes Unassigned Surplus 165 606 Other Including Gross Cor,trieuteu 677,347 Capital&Surplus 851,954 Total Liabilities and C&S 3,358,479 State of Minnesota County of Hennepin I, Kara Barrow, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31 day of December, 2021, according to the best of my information, knowledge and belief. Secretary Subscribed and sworn to, before me, a Notary Public of the State of Minnesota on this 14th day of March, 2022. iVokery Public 10" KERRI RIECHERS . Notary Pub4ic Minnesota My Commission Expires January 31., 2025 4 of CeirtsznErprtts.ertimi11.MS 0 CM-) Collier County Solicitation 2.2-7965R FORM 8-INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set:forth in FORM 8 of this solicitation. The.Vendor shall procure and maintain property insurance upon the entire project, if'required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant.Subcontractors,agents and employees of each and all of them,all damages covered by property insurance provided herein.:except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors. Design Consultants. and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance,. Certificates issued as a result of the award of this solicitation must identify"For any and all work pertbrmed on behalf of Collier County",or, the specific solicitation number and title, The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall he named as Collier County Board of County Commissioners, OR, Board of County. Commissioners in Collier County,OR Collier County Government.OR Collier County.The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 'The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any.Self- insured retentions or deductibles under any of the below listed minimum required coverage. Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. CoverageW shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor, The Vendor shall also notify the County, in a like manner, within twenty-four(24)hours after receipt,of any notices of expiration, cancellation non renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder.Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance covera.geLs)required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coveragew and charge the Vendor for such coverageLsi purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance,nor shall it be responsible for the coverageW purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageW shall in no way he construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (I()) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall he considered justification for the County to terminate any and all contracts. 5/27/202.2 10.17 AM (( , p,. Collier County Solicitation 22-7965R Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits Z Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a prool'of exemption.An application tbr exemption can he obtained online at hus.:/!apos,11(Ifssomlbocexcnip( 2. Employer's Liability S 1,000,000 single limit per occurrence 3. LI Commercial General Bodily Injury and Property Damage Liability (Occurrence Form)patterned after the $_1,000,000__single limit per occurrence, $2,000,000 aggregate for Bodily: Injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Z Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,indemnify and hold harmless Collier County,its officers and employees from: any and all liabilities, damages. losses and costs, including, but not limited to, reasonable attorneys fees and paralegals' fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement, 5. Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired; Automobile Included 6. E Other insurance as 0 Watercraft Per Occurrence noted: 0 United States Longshoreman's and Harborworker's Act coverage shall be, maintained where applicable to the completion of',the work. S Per Occurrence 0 Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. S Per Occurrence 0 Aircraft Liability coverage shall be carried in limits of not less than 55,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Per Occurrence Z Pollution S 1,000,000 Per Occurrence 0 Professional Liability Per claim& in the aggregate 0 Project Professional Liability Per Occurrence Ej Valuable Papers Insurance SPer Occurrence El Cyher Liability Per Occurrence 0 'Technology Errors& Omissions Per Occurrence 5/2712022 10:17 AM p, 15 Collier County Solicitation 22-7965R 7Z Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a SUM equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance. Corporation. 8. Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award,and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company,Inc, of 75 Fulton Street,New York,New York I 0038. 9. .4 Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Z Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. 1,I, Z The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. Eg On all certificates, the Certificate Holder must read: Collier County Board of Commissioners. 3295 Tamiarni Trail East,Naples. FL 34112 Z 'Thirty(30) Days 9intellation Tfilotice required. . 14. Collier Counir.,lialtpr.op9b4rtetibtaiatiAn Builders Risk Insurance on all construction projects where it is deemed neceSUIrSttet'VAT-rage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG—5118122 Vendor's Insurance Acceptance By submission of the hid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within live (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six(6)months from the date of a.ward. 5/27/2022 1017 AM ( p. 16 Collier County Solicitation 22-7965R Co t ie i . r County Procurement Services Division FORN1 9—CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: I. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project;and, 2. Indicate if the information produced was obtained as a matter of-public record(in the"sunshine")or through non- public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced proiect(s). By the signature below, the firm (employees,officers and/or agents)certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully. disclosed and does not pose an organizational conflict. DBE MANA ' - *NT LLC dba DBE UTILITY SERVICES da Company Nam. „..... " ' ' S ignature DUSTIN FAME-PRESIDENT Print Name and Title State of FLORIDA county of PALM BEACH ,„-----N, The foregoing instrument was acknowledged before me by means of II physical pen online notarization, this.„_28TH day of AINE (month), 2022 (year),by DUSTIN ER/LE / (name _ of person icknowled,in.9. (51?-7k,. .,\HECTOR, MENESE„S (Si mann- i 'o ublic- State of Florida) , t z.,..- I imY COMMIsSION Or IIH2689,6 EXPIRES:May 30,2026 lie<,/try ' 4est,4-- , (Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification PERSONALLY KNOWN Type of Identification Produced 5/27/2022 1017 AM CAO P.17 Collier County Solicitation 22.q965R Co#er County Procurement Services Division FORM 10—VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County.Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements,and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees. if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub- vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 28TH day of JUNE . 202in the County of PALM BEACH .in the State of FLORIDA . Firm's Legal DBE MANAGEMENT LLC dba DBE UTILITY SERVICES Name: Address: 13387 BRYAN RD City, State,Zip LOXAHATCHEE FL 33470 Code: Florida P04000088-163 Certificate of Authority Document Number Federal Tax 20-1331070 Identification Number *CCR#or CAGE Code *Only if Grant Funded Telephone: 561-508-3708 Email: C1,..-"' 0 :RE-. a,DBEHDD.COM& DERTLERDBEUTILITYSERVICES,COM Sianature by: (Typed and written) Title: DUSTIN ERTI E- PRESIDENT 5/27/2022 10:17 AM (: ,P. 18 ‘..,,, Collier County Solicitation 22-7965R Additional Contact information Send payments to: DBE MANAGEMENT LLC dba DBE UTILITY SERVICES (required if different Company name used as payee from above) Contact name: CHEYENNE LAMOUREUX&DusTIN ERTLE Title: ADMIN&PRESIDENT Address: 13387 BRYAN RD City,State,ZIP LOXAHATCHEE FL 33470 Telephone: 561-508-3708 Email: CLAMOUREUX@DBEHDDCOM & DERTLE@DBEUTILITYSERVICES.COM Office servicing Collier SAME County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: 5/27/2022 10:17 AM ra' 19 Collier County Solicitation 22.7965R GO.. ler COLDILY Procurement Services Division FORM I I-IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to he enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed [-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five(5)day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of,and in compliance with the requirements set forth in Florida Statutes ti448.095,and agrees to comply with the provisions of the Memorandum of Understanding with[-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. DBE MANAGE LLC dba DBE UTILITY SERVICES Company Name - • attire DUSTIN ERTLE-PRESIDENT Print Name and Title State of FLORIDA County of PALM BEACH The foregoing instrument was acknowledged before me by means of[51 physical presen e o El online notarization, this 28TH day of JUNE (month), 2022 (year).by DUSTIN ERTLE ' (name of person acknowledging). HECTOR MENESES ' ( 1)MY COMM ISSION Irli268926 h (Siattgn e INotary - State of Florida) • EXPIRES:N1ay 30,2026 ,nowwwws. z./0, e.4-69 (Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known OR Produced identification PERSONALLY KNOWN Type of Identification Produced 5/27/2022 10:17 AM (±0 p.20 Collier County Solicitation 22-7965R FORM 12-BIDDERS CHECKLIST IMPOICWIT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully,sign in the spaces indicated and return with your Bid. FA.1.1..,URE -ro PROVIDED THE BID DOCt 1M ENTS MAY BE GROUNDS TO OF YOU NO -RESPONSIVE/NONRESPONSt Bidder should check off each of the following items as the necessary action is completed: I. The Bid has been signed. 2 The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5.. Any required drawings,descriptive literature,etc.have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a, Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. Al!of the following bid forms have been completed and signed: a. Bid Form(Form I) h. Contractors Key Personnel(Form 2) c. Material Manufacturers(Form 3) d. List of Major Subcontractors(Form 4) e. Statement of Experience(Form 5) Trench Safety Act(Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements(Form 8) I. Conflict of Interest Affidavit(Form 9) j. Vendor Declaration Statement(Form 10) k. Immigration Law Affidavit Certification(Form II)MUST be signed and attached with your submittal. I. Signed Grant Provisions and Assurances package in its entirety, if applicable,are executed and. should be induded with your submittal. 9. Copies of required information have been attached a. Business tax Receipt(Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida(sunbiz.org) d. Any required professional licenses valid and current(mylloridalicense.com) (ie:General Contractors license, Underground Utility and Excavation. Builders, Trade Contractors,etc.,as applicable, requested and/or required.) e. Vendor W-9 Form 10, If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been submitted. II. Any addenda have been signed and acknowledgement.form attached and included. 12. The Bid will he uploaded in time to be received no later than the specified opening date and time,otherwise the Bid cannot be considered. 5/27/2022'ICY 17 AM (AO p,21 GOLDEN GATE CITY TRANSMISSION WATER MAIN IMPROVEMENTS PHASE 2 BID SCHEDULE SECTION ITEM EST. DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE NO, 4QUANT. 1 Mobilization/Demobilization 1 LS $ 293,685.00 $ 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 [Furnish and Install Project Sign 1 LS $ 12.367.00 $ 12,367.00 SECTION 1 SUBTOTAL:' $ 561,602.00 — SECTION 2 WATER SYSTEM ITEM EST. DESCRIPTION QUANT. UNIT UNIT PRICE EXTENDED PRICE NO. , 6 Water Main Pipelines(Via Open-Cut) _. a. 8-inch PVC DR18 175 LF $ . .., 82.00 $ 14,350.00 b. 12-inch DIP(Pipe Material Purchased by COUNTY) , 4,361 LF $ 52.00 $ 226,772.00: c. 16-inch DIP(Pipe Material Purchased by COUNTY) 13,544 LF $ 55.00 $ 744,920.00., 7 Water Main Pipelines(Via Horizontal Directional Drill) a. 16-inch HDPE DR11 (Pipe Material Purchased by COUNTY) I. Santa Barbara#5(Entry to Exit=775 L.F.) 1 LS $ 137,025.00 $ 137,025.00 ii. 55th Terrace#1 (Entry to Exit=513 L.F.) .. 1 LS $ 123,867.00 $ 123,867.00 iii. Green#1 (Entry to Exit=995 L.F.) 1 LS $ 158,380.00 $ 158,380.00 iv. Green#2(Entry to Exit= 1,402 L.F.) 1 LS $ 199,660.00 $ '199,660.00 v. Collier Property#1 (Entry to Exit=602 L.F.) , 1 LS S 125,579.00 $ 125,579.00 vi. Collier Blvd#1 (Entry - to Exit=1.052 L.F.) 1 LS $ 175,190.00_ $ 175,190.00 . 8 Connect to Existing Water Mains .., a. 8-inch WM(AC)(Cut In Existing) 2 EA S 33,333.00 $ 66,666.00 b, 8-inch WM(PVC)(Cut In Existing) 2 EA S 34,188.00 $ 68,376.00 c. 12-inch WM(Cut In Existing) . 2 EA $ 41,819.00 $ 83,638.00 d. 16-inch WM(Connect to Phase 1) 1 EA $ 54,728.00 $ 54,728.00 e. 36-inch PCCP WM(Cut In Existing) 1 EA $ 287,428.00 $ 287,428.00 9 .Deflect 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 $ 2.711.00 $ 46,087.00 11 Fire Hydrant Assembly 27 EA $ 6,675.00 $ 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 $ 1,196.00 $ 2,392.00 c. 12-inch Gate Valve 13 EA $ 1,291.00 $ 16,783,00 d. ,, 16-inch Gate Valve 25 EA $ 1,529.00 $ 38,225,00 ... e. 36-inch Gate Valve 2 EA $ 14,298.00 $ 28,596.00 14 Install"NEW"Water Service and Meter Box a. Single Long Side 2"Water Service&Meter Box . 11 EA $ 4,194.00 $ 46,134.00 b. Single Short Side 1"Water Service&Meter Box 8 EA $ 2,677.00 $ 21,416.00 c. Double Lang Side 2"Water Service&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. Single Long Side 2"Water Service . 2 EA $ 5,611.00 $ 11,222.00, b. Single Short Side 1'Water Service 15 EA $ 2,812.00 $ 42,180,00 c. Double Lang Side 2"Water Service 3 EA $ 3,835.00 $ 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 Pressure Reducing Assembly 1 EA $ 29,685.00 $ 29.685.00,, SECTION 2 SUBTOTAL: $ 3,249,491.00 OLDEN GATE CITY TRANSMISSION 'ATER MAIN IMPROVEMENTS PHASE 2 le•—"SAD SCHEDULE DUND 2 BIDDING 1 of 3 'x7A.Osi1AY 17,2022 SECTION 3:RESTORATION(WATER MAIN) ,W.-INIS4t2AALAAVAtiN,EAW. ITEM EST, DESCRIPTION QUANT UNIT UNIT PRICE EXTENDED PRICE 18 General Restoration 18 350 LF $ 23 00 S 422,050.00 19 Roadway Restoration a. Trench Restoration 379 SY $ 160 00 $ 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 Remove and Replace Driveways a. Asphalt(Includes 14 Gravel Drives) 1,702 SY $ 84.00 $ 143,052.00 b. Brick 333 SY $ 129.00 $ 42,957.00 c. Concrete 5,232 SY $ 97.00 $ 507,504.00 O. Decorative Concrete 161 SY $ 155.00 $ 24,955.00 21 Remove Asphalt Walk&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 , $ 30.00 , $ 13,920.00 b. Existing 8"AC Water Main 108 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 16"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 b. Existing 16"PVC Water Main 41 LF $ . 151.00 $ 6,191.00 25 Replace Existing Driveway Culverts , 3,298 LF $ 76.00 $ 250,648.00 SECTION 3 SUBTOTAL: $ 1 897,578.00 SECTION 4:DRAINAGE ITEM EST. DESCRIPTION NO. UNIT UNIT PRICE EXTENDED PRICE QUANT, 26 Remove&Replace Drainage Pipes a. 18"X12"ERCP 274 LF ,$ 194.00 $ 53,156.00 ' lo, 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(<10 feet) 2 EA $ 7,211.00 $ 14,422 00 b. Type E Catch Basin(<10 feet) 14 EA ' $ 8,816.00 $ 123,424.00 c. Mitered End Section(18"x12") 4 EA $ 5,071.00 $ 20,284,00 SECTION 4 SUBTOTAL: $ 324,980.00 AECTIORIVRESTCWTION(DRAINAGE) ' '::,-,$,::•,14,. „, ‘ ITEM DESCRIPTION EST. QUART. UNIT UNIT PRICE EXTENDED PRICE _., 28 General Restoration . 744 LF $ 31 00 $ 23,064.00 29 Roadway Restoration a. Trench Restoration , 158 1 SY i $ 161.00 1 $ 25,438.00 b. Mill&Overlay(Local Roadways) 603 SY $ 62,00 $ 37,386.00 30 Remove and Replace Driveways a. Concrete , 145 1 SY $ 97.00 $ 14,065.00 31 Remove&Replace Concrete Walk 42 SY $ 96.00 $ 4,032.00 SECTION 3 SUBTOTAL: $ 103,985.00 .. „ . SECTION 6:ALLOWANCE •: z747.'s:',:'%41„itgatUlts4,u414,;:,,,'„, ' .., ,,,,,- - , i%,a;tilki,,.,..: ITEM EST. DESCRIPTION QUANT, UNIT UNIT PRICE EXTENDED PRICE NO, , 32 General Allowance 1 T&M $ 300,000.00 $ 300,000.00, 33 Storm Drainage Allowance 1 T&M $ 300,000.00 $ 300,000.00, SECTION 5 SUBTOTAL: $ 800,000.00 ' OLDEN GATE CITY TRANSMISSION ENGINEER'S OPINON OF PROBABLE (ATER MAIN IMPROVEMENTS PHASE 2 CONSTRUCTION COST OUND 2 BIDDING 2 of 3 MAY 6,2022 SUMMARY E TI*N 1: EN 'AL $ 561,602.00 SECTION 2:WATER SYSTEM $ 3,249,491.00 SECTION 3: RESTORATION(WATER MAIN) $ 1,897,678.00 SECTION 4: DRAINAGE $ 324,980.00 SECTION 5: RESTORATION(DRAINAGE) $ 103,985.00 SECTION 6:ALLOWANCE $ 600,000.00' TOTAL:;,. $ 6,737,736,00 'See Supplemental Specifications Section 01026 Measurement and Payment for Bid Item Descriptions. CAO DLDEN GATE CITY TRANSMISSION ENGINEER'S OPINON OF PROBABLE ATER MAIN IMPROVEMENTS PHASE 2 CONSTRUCTION COST DUND 2 BIDDING 3 of 3 MAY 6,2022 Client#: 8325 DBEUTI ACORD., CERTIFICATE OF LIABILITY INSURANCE OA 1 E(M MID D/YYTY I 06/23/22 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 tiii,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 endorsernent(s). PRODUCER ;dORTACT NAME: Nyssa Pace ZERVOS GROUP, INC. 'x21., 248 355-4411 r frAx' 248 355-2175 (A1C.Hp j: 24724 Farmbrook E.MAIL nyssa@zervosgroup.com DAD RESS: P 0 Box 2067 1 I iNsURER(S)AFFORDING COVERAGE NAtC A Southfield, MI 48037-2067 INSURER A,Zurich American Insurance Company 16535 INSURED iNSuRER B:Sirius International Insurance Corporat DBE MANAGEMENT LLC : iNsuRER DBA DBE Utility Services 7 c: ,INSURER 0: 13387 Bryan Road 'INSURER E; Loxahatchee Groves, FL 33470-4908 ,- 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TADDL SUBR POLICY EFF 1 POLICY EXP LIR TYPE OF INSURANCE 1INSR.wyp._ POLICY NUMBER IMM/00/YrnisiMM/DOTYYra_ LIMITS r A X)COMMERCIAL GENERAL LIABILITY I X X 434266900 03/31/2022 03/31/2023 EACH OCCURRENCE 52,000,000 )CLAIMS-MADE I X OCCUR IL ROAOrt,t;iiierxel_ „A 1 0(000 X Contractual : :MED EXP tAny one petsort) '515,000 Xi X,C& U : 1,PERSONAL b ADV INJURY 5 2L0,00,000 GENT_AGGREGATE LIMIT APPLIES PER 'GENERAL AGGREGATE s4,000,000 _POLICY)...... I ' JEC7 I" PRODUCTS•COMP/OP AGO 54,00(,000 .., .." Iv 1 LOG I OTHER. I $ A AUTOMOBILE LIABILITY ' X ; X 445830100 COMBINED siNGLE t MIT 03/31/2022 03/31/2023 - 02,000,000 _IEEI accIIIPP.IJ v, !ANY AUTO BODILY INJURY(Pet person) I$ Ai 1 OVVNED - SCHEDULED ,BODILY INJURY(Pur ahodunt)1 S AUI OS ONt,Y AUTOS v HIRED 0 ED ' 'PROPERTY DAMAGE 5 ' "0 AUTO ONLY X 2TNOS ONLY Par acodenti 5 I , UMBRELLA UAB OCCUR ,EACH OCCURRENCE $ _,.... i- EXCESS LIAR CLAIMS-MADE 'AGGREGATE 5 —_ I . , 1 DED ' I RE TEiNflON 5 5 A WORKERS COMPENSATION X 445830200 ' 'PER 03/31/2022 03/31/2023 X emiurt, OTH• 1E AND EMPLOYERS'LIABILITY Y I N 'ANY PROPRiETOR/PARTNER/EXECUTIvEr 'EL EACH ACCIDENT 51,000,000 OFFICER/MEMBER Excumeo, N NI Al : I Nandatory In NH) - ;E.I., DISEASE•EA EMPLOYEE stpooLgoo II yes,describe under 'OESCRIPTIONOF OPERATIONS below E 1 DISEASE•POLICY LIMIT 151$000,000 - A L&R Equipment CPP4198317 08/13/2021 08/13/2022 $300,000 Max Each Item B Poll & Prof CPPLS0002329 03/31/2022 03/31/2023 $5,000,000/$5,000,000 1 DESCRIPTION OF OPERATIONS I 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. CERTIFICATE HOLDER _CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County 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 0, h. .-4.- €-;)1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORO name and logo are registered marks of ACORD #S525402/M516371 NAP (;) r \ k t : Ron DeSantis,Governor �;; ;�; Melanie S.Griffin,Secretary it..mv,to 'r-) ... 1110 k4- r t,,,,,,, ,,,,:„... .14.4445,...•• 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 489, FLORIDA STATUTES k ERTLE, JAMIE as DBE UTILITY SERVICES I, :-'E 13313 BRYAN RD LOXAHATCHEE FL 33470 LICENSE NUMBER: CUC1225812..w.,...,...... EXPIRATION DATE: AUGUST 31,2024 Always verify licenses online at MyFloridaLicense.com fi.,�. ,.��,:. Do not alter this document in any form. t r This is your license. It is unlawful for anyone other than the licensee to use this document. Q S. `e:AO 2021 FLORIOA_PBCRIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P04000088463 Apr 30, 2021 Entity Name: D.B.E. MANAGEMENT, INC, Secretary of State 7344250302CC Current Principal Place of Business: 13313 BRYAN RD LOXAHATCHEE, FL 33470 Current Mailing Address: 13387 BRYAN RD LOXAHATCHEE, FL 33470 US FEI Number: 20-1331070 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: ERTLE,DUSTIN B 13313 BRYAN RD LOXAHATCHEE,FL 33470 US The above named entity submits this statement to,the purpose of changing its registered office or registered agent,or both,in The State of Horde, SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title PT Title ASST,SECRETARY Name ERTLE,DUSTIN B Name ALLOE,TAMMIE A Address 13313 BRYAN RD Address 13387 BRYAN RD City-State-Zip: LOXAHATCHEE FL 33470 City-State-Zip: LOXAHATCHEE FL 33470 I I eehy COoldy fret the onforrhabon Intim:aro on thm novat ot SUppiernonfai repro!tt true NMI acCure and Thal my effictroac vvithita malt Pare Pm S-0/111,legal Nad!os lf mop owtio calk that l ant an afaCar or*rector of the txgporattOO hr MO rece'rer trustee orT,Poworon to essecote this'wort es ananred by Choke 01.1/ Fronds,UMW'S,and Mot my oaO5e Op000ts above or on erweinent+WO all other r,ko,,my tletitIna. SIGNATURE:DUSTIN ERTLE PRESIDENT 04/30/2021 Electronic Signature of Signing Officer/Director Detail Date \C, ill (Requester's Name) HT. .111 I1. (Address) II r 9003 91 0589 (Address) r (City/State2ip/Phone t1) 0 PICK.UP WAIT MAIL • (Business Entity Name) s"1 u —t (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer: r._ Office Use Only 115 N CALHOUN ST.,STE, 4 TALLAHASSEE,FL 32301 COGENCYGLOBAL P:866.625.0838 F:866.625.0839 COGENCYCLOBAL.COM Account#: 120000000088 Date: 06/29/2021 Name Marcel Ogbonna-Amu Reference 4: 1412964 Entity Name, D.B.E. MANAGEMENT, LLC 0 Articles of Incorporation/Authorization to Transact Business 0 Amendment • Change of Agent ANY ISSUES,CALL MARCEL. • Reinstatement (518)213-0826 Thank you! 0 C• onversion 0 Merger D• issolutionNVithdrawal O Fictitious Name n O• ther Authorized Amount: $150.00 Signature: CORPORATE.HQ EUPOPLAN HQ ASIA PACIFIC HQ COGENCY GL03/4 INC CotAiiCY GI 011At(..1k)11.'40 Ft) COGI,NCy t".1 out(t-oo vArrn '.0 .40 41 e"11:4(fli:41'n4.1/*NO.%va.k f A 01MP...A tn 10014 4ECK1aY•P;t071 UNII 8 4. tPPO LEI,CHIUN COWER 6 D *1.213447.7700 LL)YDS AVE,UNtt '03 itio(rou CA4J5Evms-6Af CAO . P 800.221.0i02 t 0:JDON 3.4Y ??ONG k:ONG .44(0)20 39613090 P •857.7687.9633 V 800.944,6607 F +852.2682 9190 4 $221 jUN 9 c - hil 9: 52 ARTICLES OF CONVERSION FOR SZT.C.F:F. --- • • ;ATE "OTHER BUSINESS ENTITY" INTO FLORIDA LIMITED LIABILITY COMPANY This Articles afConversion and the attached Articles of Organil-ation are submitted to convert the jidlowing "Other Business Entity" info a Florida Limited Liability Caminito; in accordance with Section 6115.1045, Florida Situates. The name of the -Other Business Entity" immediately prior to the filing of this Articles of Conversion is D.B.E. MANAGEMENT. INC. (the "Corporation"). 2. The "Other Business Entity" is a Florida profit corporation first incorporated under the laws of the State of Florida effective June 7. 2004 (Document No.: P04000088463). The -Other Business Entity" currently exists on the official records of the jurisdiction under which it is currently incorporated. 3. The "Other Business Entity's" principal office address is 3313 Bryan Road, Losahatchee, Florida 33470. 4. The name of the Florida Limited Liability Company as set forth in the attached Articles of Organization is: D.B.E. MANAGEMENT. LLC. 5. The conversion is permitted by the applicable law(s) governing the Corporation and the conversion complies with such law(s) and the requirements of section 605.1043. F.S., in effecting the conversion. 6, The plan of conversion was approved by the converting Corporation in accordance with Chapter 607, F.S. 7. This conversion shall be effective upon Willi; of this Articles of Conversion with the Secretary of State of the State of Florida, S. The "Converted or Other Business Entity" has agreed to pay any shareholders having appraisal rights the amount to which they arc entitled under ss. 605.1006, 605.1061- 605.1072, Florida Statutes. !SIGNATURE PAGE FOLLOWS' Activr.,1 3 5623m), CAO IN WITNESS WHEREOF, this Articles of Conversion is signed effective as of the 29th day ofJ une, 2021. LIMITED LIABILITY COMPANY: D.B.E. MANAGEMENT, LLC Is/Dustin B. Ertle By: Name: Dustin B. Erik Title: Manager OTHER BUSINESS ENTITY: D.B.E. MANAGEMENT, INC. /s/ Dustin B. Erik By: Name: Dustin B. Ertic Title: President (6,4:)-) Acrive.,135623g , • L r-,, . : 2021 JUN. 29 All 9 5 2 ARTICLES OF ORGANIZATION FOR, TAU D.B.K. MA NAGEME.NT,, LLC (.4 Flarida Limbed Liability(.ompany) The underigned,.fOr the purpose Q1-firming a limited liability,company,under rho laws of the State of Florida.pursuant to the Florida Revised Limited Liability Company:lei (the "r10"). hereby adopts.the „Plowing Articles of Organizatirm: ARTICLE. I NAME The name oldie limited Liability Company is D.B.E. MANAGEMENT. LLC(the "Compane ), ARTICLE 2 DURATION The Company shall exist on the date of filing of these Ankles with the Secretary of State of the. State of Florida. The duration of the Company shall be perpetual.. ARTICLE 3 NATURE OF BUSINESS Th.c. Company is organized for the purpose of transacting any and all lawful business tit:minted under the Act. ARTICLE 4 ADDRESS The initial principal office address and mailing address of the Company is 13313 Bryan Road, Loxithatchee, Florida 33470, ARTICLE 5 INITIAL REGISTERED AGENT AND REGISTERIED OFFICE The street address of the initial registered office of the Company is 13313 Bryan Road. Loxahatchec, Florida 33470, and the name oldie initial registered agent of the Company at that address is Dustin 13. lrttc ARTICLE 6 MEMBERSHIP CERTIFICATES Each member's interest in the Company may be evidenced by a membership participation,or unit ee ilivatc No member or die Company may transfer. sell, or assign its membership interest in the Company to any other person except as provided for in the Company's Operating Agreement, (AI)) Acrits'3;562.374.t ARTICLE 7 MANAGEMENT The Company shall he manager-managed in accordance with the Company's Operating Agreement, The initial managers of the company shall be: Dustin B. Ertle 13313 Bryan Road I.oxahatchee. Florida 33470 ARTICLE 9 AMENDMENT Clti company reserves the right to amend or repeal any provision contained in these Aniicles of Organization, and any right conferred upon the members is subject to this reservation. IN WITNESS WHEREOF the undersigned has executed these Articles this 29 day of June. 1071. is/Dustin 13. l rtic Dustin I.J. Ertle.Authorized Person (hr accordance with Section 605.0205(3). Florida.Statuwv, the execution ul'this document constitutes an a/7irmatirrn under they penalties of perjury that the facts stated herein are true.) `t7NO ,\(TI V t..I 3562379.I ACCEPTANCE BY REGISTERED AGENT Having been named as registered agent and to accept the service of process for the above-stated limited liability company at the place designated in these Articles, Dustin B. Ertle hereby accepts the appointment as registered agent and agrees to act in this capacity. Dustin B. Ertle further agrees to comply with the provisions of all statutes relating to the proper and complete perfonnance of his duties, and is familiar with and accepts the obligations of his position as registered agent as provided tar in Chapter 605, l',S, /s/ Dustin 13. tile DUSTIN 13. F.ATI.F. Dated: June 29. 2021 • rn •:1) 775 • C) - • C._ ••• r— 711 • ' . • %..C)*-1 ••••-, :7", • .••, • (T11 i4 \2•i:: 7.* • : 73 N CM) 1CTIVE:13562379A r fl; Pf CQFP9.1.0CIPA 5..o.f.st..f3enta $.mch by EDW.NAM I Detail by Entity Name Florida Limited Liability Company D.B.E. MANAGEMENT, LLC Filing„Infprinainn Document Number L21000300514 FEI/EIN Number NONE Date Filed 06/29/2021 Effective Date 06/07/2004 State FL Status ACTIVE Last Event CONVERSION Event Date Filed 06/29/2021 Event Effective Date NONE PrktGiPP.I.Acid.T.§.§ 13313 BRYAN ROAD LOXAHATCHEE, FL 33470 AOSIT.P.P5 13313 BRYAN ROAD LOXAHATCHEE, FL 33470 Rqgiggre.A Agq.!It.tOPIPA Address ERTLE, DUSTIN B 13313 BRYAN ROAD LOXAHATCHEE, FL 33470 A.g.t.h.p_riggd Person(5)Detail Name &Address Title MGR ERTLE, DUSTIN B 13313 BRYAN ROAD LOXAHATCHEE, FL 33470 AnnMP.113PPTC:t No Annual Reports Filed � - /-/ Detail by Entity Name � � Florida Profit Corporation D.8�. K4&NAGEK8ENT INC, flKoSlnfqEo@.tion � Document Number P04000088483 � FB8E|NNurnber 20'1331070 � Date Filed 08/07/2004 State FL Status INACTIVE Last Event CONVERSION Event Date Filed 06/29/2021 Event Effective Date NONE 13313 Bryan Rd Loxaha(chae. FL33470 � Chmnged: O4/QD/2817 � 13387 Bryan Rd � � Lmxahatchee. FL3347U � Changed: O4/3U12017 ERTLE' DUST|NB 13313 Bryan Rd Loxahatchee. FL33470 Address Changed: O4/3U/2D17 Name&Address Tide PT ERTLE, DUST|N B 13313 Bryan Rd Loxahatchee, FL 33470 Title Asst, Secretary ALLOE, TAMMIE.A 13387 Bryan Rd Loxahatchee, FL 33470 Antikto.11eP9s1$ Report Year Filed Date 2019 03/13/2019 2020 03/24/2020 2021 04/30/2021 Oln.grnentitivg View image in PDF format .Q.3242.Q29...r...6N.N.Q.61,RELPDS:f View nage in PDF format Q3/.1.30.0:111.7..6N.N.VALREPQR1 View image in PDF format View image in PDF Format 941.1.012Q.17_::::..INN.N.,IN,REPORT: View image in PDF format q,kilia.1(jr...=.6f.15fflattATM View image in PDF format (,13111,0)11.::AMENQE.Q.6N11.1A1 REPORT View image in PDF format QZ/Aft,'2,frI(L.LIA.NNLJA.R"P View image in PDF format Q16*415 ANNUAL.REPORT View image in PDF format ONfelZ114:=IVAVAL,B5PORT. View image in PDF format 1241J251.2.Q13 View image in PEW format 07/21129,12„:-,6meriarnent View image in PDF format i,rNQM BEFIORT. View image in PEW format 9,4,Ea:2,Q1,L=AtitiQt11..BgP_Q.R.I View image in PDF format gt:021.01..::-ANOVALREFORI View image in PDF format 0.413VZOS)1,7RENSTAllEMENT1 View image in PDF format Q12,6,20.07„.=REINTO:AILMEN.:1 View image in PDF format 0Eit)I2QQA.=,,E2triellic„..ett2Eit View image in PDF format ctso APPLICATION FOR REGISTRATION OF FICTITIOUS NAME REGISTRATION# G21000093268 Fictitious Name to be Registered: DBE UTILITY SERVICES Mailing Address of Business: 13313 BRYAN ROAD LOXAHATCHEE, FL 33470 Florida County of Principal Place of Business: MULTIPLE FILED Jul 16, 2021 FEI Number: Secretary of State Owner(s)of Fictitious Name: D.B.E. MANAGEMENT, LLC 13313 BRYAN ROAD LOXAHATCHEE, FL 33470 US Florida Document Number: L21000300514 FEI Number 20-1331070 I the undersigned, being an owner in the above fictitious name, certify that the information indicated on this form is true and accurate. I further certify that the fictitious name to be registered has been advertised at least once 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 shall have the same legal effect as if made under oath and I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s. 817.155, Florida Statutes. DUSTIN B, ERTLE 07/16/2021 Electronic Signature(s) Date Certificate of Status Requested (X) Certified Copy Requested (X) State o Florid Department of State I certify that the attached is a true and correct copy of the Application For Registration of the Fictitious Name DBE UTILITY SERVICES, registered with the Department of State on July 16, 2021 , as shown by the records of this office. The Registration Number of this Fictitious Name is G21000093268. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Seventeenth day of July, 2021 641412447414-"" "'- t Secretaly of State Form W.9 Request for Taxpayer Give Form to the (Rev October 2018) identification Number and Certification requester.Do not Daeartment of the Treaty send to the IRS. internal Revenue Service le Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as seown on your income tax return) Name is required on this line,do not leave this line blank 1)13 .,MANitGEMNT LLC . .......„ ... ...._______ ..............._____ ilikrilnees nameldaregandecl entity name,If Oftterent from above DBE UTILITY SERVICES 1 3 Check appropriate box for federal tax slesaelication of the person whose nam is e entered on line I Check only one of Me 4 Exemptions(codes apply only to following seven boxes certain entities,not Ind)vieuale see instructions on page 3): 0 E D IndirldutiV*011,propneior 04 C CorpotItion Li s Corporative 0 Nut wasFIJU D Tr...yestato - 2 single-member LLC Exempt payee code(f any) o i - (Ire Lireiteo liabiiity company.Enter the tax classeication(C-C COrponatiort,5=5 corporation,1),Partnorsrap)0. P Note:Cneck the approprtato box in the tine above for the tax ciassificatIon oi the Single-Member owner, Do not cnook Exemption from FATCA reporting E LLC If the LLC is ciesseod as a single•-nember LAC that a daregarded from the owner Ji :e5 Irma owner Of the 1,1.,C is m E - another LLC that Is not disregarded item the owner for U.S feeeral tax purposes.Otherwise,a singla-rnerober LI,C that code)''any) is disregarded from the owner should check the appropriate box for the tax classiNorThon o'it,,owner, 0 Other(see instructions)for 5 Andreas(n.imber,street and apt or elite no.)See Instructions A,P64,3 Ji1 0,1....4 Pla,tovou.4.0/0 rt.ut- Requester's name ano adores.s(optional) 13387 BRYAN RD . 6 City,state,and ZIP code LOXAHATCHEE FL 33470 7 List account number-(s)here(optionall Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid 1 Social security number 1 backup withholding.For Individuals,this is generally your social security number(SSW).However,for a resident alien,sale proprietor,or disregarded entity.see the instructions for Part I,later.For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a _ TIN, later. Or Note:If the account Is in more than one name,see the Instructions for line 1 Also see What Name and Employer Identification number - Number To Give the Requester for guidelines on whose number to enter. 2 0 - 1 3 3 1 0 7 0 Part II CeCertification - I Under penalties of perjury,I certify that 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I em not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I em subject to backup withholding as a result of a failure to report all interest or dividends or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S,citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form pf any)indicating that I am exempt from FATCA reporting is corect Certification Instructions,You must cross out item 2 above if you have been notified try the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply,For mortgage interest paid, acquisition or abandonment of secured proper! cancellation of debt,contributions to an Individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are eq ed to sign the certification,but you must provide your correct TIN.See the instructions for Part II.later. Sign Signature of • II 7,,L„'l , , Here U.S.person i. Data iP General Instructions •Form 1099-DIV(dive:feeds,including those from stocks or mutual funds) Section references are to Me Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes.ewords,or gross noted, proceeds) Future developments.For the latest information about developments •Form 1099-8(stock or mutual fund sales and certain other related to Form W-9 and its Instructions,such as legislation enacted transactions by brokers) after they were published,go to www,irs.govrForm W9 •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 10994K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage Interest), 1098-E(student loan interest), Information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099 C(canceled debt) (SSN),individual taxpayer Identification number(ITIN).adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report an an Information return the amount paid to you,or other Use Form W-9 only If you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN, returns include,but are not limited to,the following if you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What Is backup withholding, late,' Cat,No 10231X Form W-9(Rev,10-2018) los '--- -- -~ If y Company U]Number: 795081 THE E-VERIFY MEMORANDUM OFUNDERSTANDING FOR EMPLOYERS ARTICLE PURPOSE AND AUTHORITY The parties to this agreement are the Department ofHomeland Security (DHS) and the OBE &4@oaQernent. Inc (Employer). The purpose of this agreement is to set forth terms and conditions vvh|Ch the Employer will follow while participating in E'V8hfv. E-Verify is program that electronically confirms an employee's eligibility tOwork in the United States after completion of Form 1-0. Employment Eligibility Verification (Form |-B\. This K4grnorandWrn of Understanding (K0OU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Gnc|a| Security Administration (SSA), and [JHS. Authority for the E'Vgrify program is found in Title |V. Subtitle A. of the |Q8ge| |rnnnignaUon Reform and Immigrant Responsibility Act o[ 199O (||R|RA), Pub. L. 1O4-2O8. 11OStat. 3OOS. am amended /8U.S.C. § 1324a note). The Federal Acquisition Regulation /FAR\ Subpart 22.18` ''Ernp|0ynnent Eligibility Verification"and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor)to use E-Verifyto verify the employment eligibility of certain employees working on Federal contracts. ARTICLE 11 RESPONSIBILITIES A, RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the fo||OvviMg notices supplied by DHG in a prominent place that is clearly visible bo prospective employees and all employees who are bJ be verified through the system: a. Notice QyE'VehfvParticipation h. Notice Of Right bJWork 2. The Employer agrees to provide tothe SSA and OH8 the nomeo, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E'Vohfv. The Employer also agrees to keep such information current by providing updated information ioSSA and OHS 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-VerifyancesS if the employer is separated from the company ornV longer needs access toE-Vehfv. Page / o/vrE'vwoty MDu for Employers|Revision Date moo1M Company ID Number 795081 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Vehh/ User Manual. 5. The Employer agrees that any Employer Representative who will create E-VeMfv cases will complete the E'Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue Using E-Verify. Failure to complete o refresher tutorial will prevent the Employer Representative from continued use ofE-Vurifv. 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'Verih/at 888-464-4218. b. If an employee presents a OHG FVnn 1-551 (Permanent Resident Cond). Form 1-768 (Employment Authorization Document), or U.S, Passport or Passport Card b} complete Form 1-9, the Employer agrees LO make o 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. DH8 may in the future designate other documents that activate the photo screening tool. Note: Subject only tqthe exceptions noted previously in this paraQnyph, employees sU|| retain the right to present any List A. or List B and List C` dncurnent(s)tn complete the Form |-S. 7. The Employer agrees to ^Gcund the case verification number on the employee's Form l-S or to print the screen containing the oaoB verification number and attach it to the employee's Form |'S, 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to n0nMp|eb9, ret8in, and make available for inspection FOnDG 1-9 that relate to its employees, or from other requirements Vfapplicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the |NA: (1) List identity documents must have photos, as described in paragraph 6 above; (2)When an Employer confirms the identity and employment eligibility ufnewly hired employee using E'Verifvprooadunea. the Employer establishes a rebuttable presumption that i{ has not violated section 274A(a)(1)(A) mf the Immigration and Nationality Act (INA) with respect to the hiring of that employee, (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer iesubject toe civil money penalty between $55D and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation: (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2o,,/ E-vehfymVU for Employers}Revision Date oe/o1/10 ^ .- Company|DNumber: 735081 employed an unauthorized alien in WokaU0m of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or o1minoUv liable under any law for any action taken in good faith based on information provided through the E b. DHS reserves the right h]conduct Form |-R compliance inmp8CUOnV. as well as any other enforcement or compliance activity authorized by}avv, 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 u firm offer of employment was extended and accepted and Form |-gwas completed. The Employer agrees tn create anE-Vehfv 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 CO[Op{8ted), and to complete ga many steps Of the E'Vehfvprocess as are necessary according tothe E'VerifvUSer Manual. |fE-Vehfv is temporarily VnoV8i|abl8, 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 ofunavailability. 10 The Employer agrees not to use E-Verifv for pre-employment screening of job applicants, in support ofany unlawful employment pra[tice, or for any other use that this K8C]U or the E^Vedfy User Manual does not authorize. 11. The Employer must use E'Vehfv for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this K4DU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.8 of this K4C}U. 12, The Employer agrees tQ follow appropriate procedures (see Article ||| b8|pw) regarding tentative n0nconfirnnationm. The Employer must promptly notify employees in private 0[the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees t0 provide both the English and the translated notice and letter for employees with limited English proficiency toemployees. 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. Fuoher, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article |||.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not\otake any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA orDHS is processing the verification request unless thoErnp|oyernbtainsknow|adQa (emdgfinedin8C.F.R. W274o.1//\)thetthe employee is not work authorized. The Employer understands that an initial inability ofthe SSA orDH8 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 anoee)^ orthe finding ofaphoto mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any qfsuch omees, the employee must be provided a Mu|| and fair opportunity ho contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page au{ 1rE'vmnhNIOu for srip/ovea|Revision Date omV1/13 - N�� N� ~ -~�- - Company K1Number: 795081 (including denying, redudnQ. oxexhendingvv0rkhmur3. delavino0rpnsventino training, requiring an employee tD work in poorer conditions, withholding pay, tO assign dhe employee tnaFederal contract or other assignment, orVthenwiGeaaSunl/ngthathnOrGh8isVnauthOrizedhJvvork\ und| a0d unless secondary verification by SSA OrDH8 has been completed and a final n0nConfinna[ionhas been issued. )fthe employee does not choose bJcontest a tentative nonc0nfirrnaU0nuraphoto mismatch nrif a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee im not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirrnaUon may call E4/er|fvat1-808-4O4' 4218 /custnmar3mmice\0r1-888-897-7781 (worker hotline). 14. The Employer agrees tV comply with Title V|| nf the Civil Rights Act nf1QO4 and section 2746 of the |NA as opp|1Cah|e by not discriminating unlawfully against any individual in hiriDg, fir\ng, employment eligibility verification, or recruitment or referral practices because of his Vr her n2*iomm( origin or citizenship staiue. Or by committing discriminatory documentary practices. The Enmpjoye, understands that such illegal practices can include selective verification or use ofE-Verifv except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title V|| Could subject the Employer tu back pay awards, compensatory and punitive damages. Violations of either section 274B of the iNA or Title V|| may also lead to the termination of its participation |nE'Verifv. |f the Employer has any questions relating t0the anM'diaChnniDaUonpr0vision^ it should contact OSCat1-800-255-0155or1-8OU'237-2515 /TDO\. 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 )s not disseminated {o any person other than employees Ofthe 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 orOHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data, All suspected or confirmed breaches should be reported by calling 1-88G-464'421Oorvia email at E-Vedfy(@dha,qVv. Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report toE'Vehfy. 17. The Employer acknowledges that the information d receives from SSA ig governed bythe Privacy Act (5 U.S.C. § 552a(i)(1) and (3)\ ond the Social Security Act /42 U.&C. 13DO(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 k) cooperate with [}HS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4cx17s'vwmy m0U for Ernpwvers| Revision Date maov1s �:ji� Company|DNumber: 7950$1 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use ofE-Vehfv, and hJ respond |naprompt and accurate manner to DHS, requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims orreferences about its participation in E'Verih/on its web8ite. in advertising nna{eha|s, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a ai0J||ar intent on its websitH0r other materials provided to the public. Entering into this K&C)U 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. U8C|S or the Verification Oivision, without first obtaining the prior written consent of OHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Webl) 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, webshes. or publications are sponsored by, endorsed by. licensed by, or affiliated with []H8. USC|S. orE-VeNfy' 22, The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this K4C)U` the Employer may besubject to appropriate legal action and termination Ofits participation inE-VerKv according to this K4[)U. B. RESPONS|B|L|T|ES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition tOthe responsibilities of every employer outlined in this KHOU. the Employer understands that ifi(is a Federal contractor subject to the employment verification terms in Subpart 22.18ofthe FAR it must verify the employment eligibility of any "employee assigned \o the contract" (as defined in FAR 22.1801), Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verih/. a, /4n Employer that ionot enrolled inE'Vghfv8Sa Federal contractor at the time 0fa contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires umingE'Varifv. The Employer must verify those employees who are working |n the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned t0 the contract within SO calendar days after the date of enrollment or within 3O days ofan employee's assignment tOthe cun|rmc1, whichever date is later. Pageuof 17e'vemvtviOum/smpmyers|Revision Date mao1/1u x� Ify Company|DNumber: 795081 h. Employers enrolled inE'VerMyaaaFederal contractor for S0 days Or more at the time of a contract award must use E'Verifvhn begin verification of employment eligibility for new hires 0fthe Employer who are working in the United 8tabas, w/hethe, or not assigned to the contnao1, 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 nr 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 @ Federal contractor inE-VeMfv must begin verification of each employee assigned tothe contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever inlater. c. Federal contractors that are institutions of higher education (as defined at 20 U.S,C, 1001(a)), state or local governments, governments of Federally recognized Indian tribes, orsureties 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. 1808, Employers in this category must begin verification ofemployees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment hz the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect tO verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1880. instead ofverifying only those employees assigned to a covered Federal contract. After enrO|{nnent. Employers must elect to verify existing staff following [}HS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use 8 previously completed Form |'S as the basis for creating an E-Verify case for an employee assigned toa contract aa long as: L That Form 1-9 is complete (including the SSN) and complies with Article U.A.O^ 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 BRcUoo 1, Form X-S attestation has not changed (including, but not limited to, a lawful permanent resident alien having become mnaturalized U.S. citizen). [ The Employer shall complete anew Form 1-9 consistent with Article II.A.6 or update the previous Form |'9to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article 1|.8.6' ii. The employee's basis for work authorization as attested in Section 1 has expired or ohonOed, or id. The Form |-9 contains no38Norio otherwise incomplete. Note: If Section 1 of Form 1-8 is otherwise valid and up-to-date and the form otherwise onrn[dios with Page uof1/ E-Venfym0U for Emvmvers Inevtsioo Date o*m///3 CAO Company 0Number, 795O81 Article ||.C.5. but reflects documentation (such a8aU,S. passport nr Form )'551) that expired after completing Form |-8. the Employer shall not require the production of additional docurnGntaUno^ oruse the photo screening tool described in Article |>.A.5. subject to any additional or superseding instructions that may be provided on this subject in the E'Vehfv User Manual. O. The Employer agrees not to require a second verification using E-Verih/0f any assigned employee who has previously been verified as a newly hired employee under this K4{}[JortV authorize verification of any existing employee by any Employer that ia not @ Federal contractor based on this Article. 3- The Employer understands that if it is a Federal contractor, its compliance with this M[>Uis 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 M{JU to contracting officers 0r other officials authorized to review the Employer's compliance with Federal contracting F8quir8rneDtG, C. RESPONSIBILITIES OF SSA 1. SSA agrees to a||om/ [)HS to compare data provided by the Employer against SSA'g database. SSA sends QHS 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 E4/erifv procedures, SSA also agrees (o limit access Lo 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 0rentities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a}. the 8QC|e| Security Act(42 U.S.C. 1306(a)). and SSA regulations /20 CFR Pert 401\. 1 SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E'Verifv provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA Asnt8Ums nonoonfinm8tiOn 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 S8/\ recOpd8, 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 GSA in the time a||ovv8d. E-Verify may provide a final nonC0nfir[nati8n to the employer. Note: If an Employer experiences technical prob|emnS. Or has m policy question, the employer should contact E-Verify at 1-888-464-4218, D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from OHS databases to enable the Employer to conduct, to the extent authorized by this k4OU: a. Automated verification checks on alien employees by electronic means, and Page 7of17E'v*rify MOo for Employers|Revision Date 8sm1/1a CAO Company UJNumber: 795081 b. Photo verification checks (when available) onemployees. Z DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. OH3 agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. C>HSa8pees tO provide to the Employer with access UoE-Verifv training materials aa well asan E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and OHS. including restrictions on the use ofE'Verih/- 4. DHS agrees to train Employers on all important changes made toE'Vehfv through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, [}HS reserves the right to require employers to take mandatory refresher tutorials. 5. DH8 agrees to provide to the Employer n[dine, 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 h7r |nnmiQoaVon'Re|ated Unfair Employment Practices (Q8C). Civil Rights Division, U.S. Department nfJustice. 8, 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 ofE-Verifv. 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, b} enforce the |NA and Federal criminal laws, and bD administer Federal contracting requirements. 8. [)HS agrees b} provide a means of automated verification that provides (in conjunction vwith SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9� DHG agrees toprovide a means Vf secondary verification (including updating OHS records) for employees who contest OHS tentative n0nconfirnnoUona 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 oasea. DHSvvi|| provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1, If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed byE-Verifv. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8cx1rc-Ve,xvwDu for Employers|newo/nn Date mv0//1u if Company Q0Number: 795081 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees, The Employer agrees to provide written referral instructions to employees and instruct affected 8rnp|OyeeS to bring the English copy ofthe letter to the SSA. The Employer must allow employees tU contest the finding, and not take adverse aoUDD 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 m/h8the, he or she will contest the tentative n0RcOAfirnn8don as soon as possible after the Employer receives the tentative non confirmation. Only the employee may determine whether hgOr she will contest the tentative nonconfinnatiOn. 3. After tentative nonoOnOrrnaUOn` the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any ernors, and find out whether the employee contests the tentative nVncoOfinnaUOD. 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 tOd0so. 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 naau|ts. the Employer agrees tO check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident)or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Ennp|oye,receives a tentative nOn0unfirnnation issued by [)HS. the Employer must promptly notify employees in private of the finding and provide thorn with the notice and letter containing information specific to the employee's E'Verih/ 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 tn contest the finding, and not take adverse action against employees if they choose t0 contest the finding, while their case im still pending. 2. The Employer agrees to obtain the employee's ranpunaa about whether he or she will contest the tentative nonconMrnnation as soon as possible after the Employer receives the tentative nonooDfirnneUon. Only the employee may determine whether heor she will contest the tentative noncmnf1rrnoUVn. 3. The Employer agrees to refer individuals to [)H8 only when the employee chooses to contest tentativenUnconfirmootion. 4. if the employee contests a tentative nonconh,rnaUon issued by DMS. the Employer will instruct the Page eo/17E'vewfymou for Eirip|c,ers!Revision Date mmxo1/1s _.f�� =~ Company UD Number: 785081 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 nOnoonhmnoUon notice and follow the instructions outlined in paragraph 1 of this section for tentative nonoonM,rnat|ons. genann||y. 8. The Employer agrees that if8nemployee contests o tentative nonoonfirrna1ion based upon ophoto rn|arna%ch. the Employer will send a copy of the employee's Form 1'551. Form 1-766. U.S, Passport, or passport card to DH5 for review by: m. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation toDHS an described in the preceding p8regraph. The Employer agrees t0 resolve the case as specified by the OHS representative who will determine the photo match or mismatch. B. OHB will electronically transmit the result ofthe referral to the Employer within 70 Federal Government work days of the referral unless it determines that more than 1D days |snecessary. 9. While waiting for case results, the Employer agrees to check the E-Verifv system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1' SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against ;additional data sources and instituting new verification policies or procedures, will 6e covered under this MOU and will not CaUse the need for a supplemental MOU that outlines these changes. Page 1oo|// E'Vwofy NIou for srnnmye,m|Revision Date ua/u1/1a ^ ~ �� y Company|DNumhwn 795081 B. TERMINATION 1. The Employer may terminate this K8DU and its participation inE'V8rifvat any time upon 3Odays prior written notice to the other parties. 2. Notwithstanding Article V. port Aofthis MOU. DHS may terminate this MOL), and thereby the Employer's participation inE-Verifv. with or without notice at any time if deemed necessary because 0f the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system int8Adb/ or security by the Employer, or failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements, The Employer understands that |fitism Federal contractor, termination of this MOU by any party for any reason may negatively affect the p8dbrnnannm of its contractual responsibilities. Similarly, the Employer understands that if it is in e state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 1 At) Employer that is Federal contractor may terminate this M[}U when the Federal contract that requires its participation in E4/erifv is terminated orcompleted. In such cases, the Federal contractor rnWgt provide written notice to [)HS. If an Employer that is a Federol contractor fails to provide such notice, then that Employer will remain an E'\/8rih/ participant, will remain bound by the terms 0fthis MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility ofall newly hired employees. 4� The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A, Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of OHS. which consent shall not be unreasonably withheld ordelayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein iovoid. D. Each party shall be solely responsible for defending any claim or action against it arising out ofor related to E-VerRvo,this MOU, vvhethe, civil or criminal, and for any liability vvheRafr0rn. including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d)of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized orrequired by law and OHS or SSA policy, including but not limited to, Page 11nr1rE+emyM0U for Employers)Revision Date oo/o1/13 . - • ..., if y „sole; 4 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 DNS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to; (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 1/ E-Vorify MOO for Employers I Revision Date 06/01/13 CAG �� ~_~~ Company eD Number: 795881 Approved by: Employer DBEMsmogenmnt, Inc Name (Please Type or Print) Tide Michael APence - Signature [}ate Electronically Signed 0701/2014 Department of Mmnne|mnd Smcurity—Vmrificatimn Division Name (Please Type 0rPrint) Title USC!S Verification Division � Signature Dote Electronically Signed 0701/2014 Page 1au/1/ ewerify MOu for Employers| Revision Date uVm1/1a ~AG NW ri 401ID Company ID Number: 795081 Information Required for the E-Verify Program Information relating to your Company: DBE Management, Inc Company Name 13387 Bryan Rd Loxahatchee, FL 33470 Company Facility Address 13387 Bryan Rd Loxahatchee, FL 33470 Company Alternate Address County or Parish PALM BEACH • Employer Identification Number 201331070 North American Industry 221 Classification Systems Code Parent Company Number of Employees 100 to 499 Number of Sites Verified for Page 1/1 of 17 E•Vertfy MOU for Employers I Revision Date 06/01/13 CAO UM 4°4 VeruFy Company ID Number: 795081 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Vertfy MOU for Employers I Revision Date 06/01/13 CAC, Company ID Number: 795081 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Dustin 8 Ertle Phone Number (561)644-2182 Fax Number Email Address dertle@dbehdd.com Name 'Femme A Alice Phone Number (561)508- 3708 Fax Number (561)508- 3713 Email Address talloe@dbeutilityservices corn Page 16 ot 17 E-Venty MOU for Employers I Revision Dale 06/01/13 M.) ("' , MB 4„, 11101 Company ID Number: 795081 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers Revision Date 06/01/13 CA? EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Dan Rodriguez Construction Superintendent Dustin Ertle Project Manager Hector Meneses Assistant Project Manager 10 Construction Services Agreement: [2022_ver.3] ^AO EXHIBIT B-1: PUBLIC PAYMENT 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 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 r day of I 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 12th 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 in the presence of: PRINCIPAL DBE MA GEMENT LLC dba DBE UTILITY SERVICES ...z .--4 ' BY: �lVitnesses as to Prih •ip � NAME: —_-'"� ITS: gE51 t)t'r STATE OF A D 1j P G1, COUNTY OF c4/(7) bP .ti The foregoing instrument was acknowledged before me by means of L 'physical presence or ❑ nline notarization, this 13 day of , 20 by as of , a corporation, on be al of a cor oration. He/ a is personally known to me OR has produced Ie om fly iz'i2 as identification and did (did not) t e an oath. ►t►►rrirrr . My `Q & fps: ••S, ••.ii5 ,C 1-- (Sic!in4 __iJcii_( /P nat otary Public NAME: s • � " my zEx irf l?• •NH 01s4N y (Legibly Printed) '''.<<%.**°'.81.1.q....... (AFFI,X'3,6ff�►$0. EAL) Notary Public, State of 1 Iurrl GI�C--- Commission No.: 1-1110 I 1 8to ATTEST: SURETY: Atlantic Specialty Insurance Company (Printed Name) 48 South Service Road Melville, NY 11747 B►r¢iness Address r " Jessica lannotta (Aut rized Si ture Mariya Leon , Attorney-In-Fact Witnesses to Surety Annette Audinot (Printed Name) FL Nonresident Agent, License Number W334270 ,.. 12 . j +J Construction Services Agreement:(2022_ver 3) IA ! OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF New Jersey COUNTY OF Morris The foregoing instrument was acknowledged before me by means of ❑ physical presence or online notarization, this 12th day of September , 20 22 , by Mariya Leonidov , as Attorney-In-Fact of Atlantic Specialty Insurance Company a New York corporation, on behalf of the corporation. Hie/she is personally known to me ODOMXXXIX CXXi3CXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX*MMX 6XXXDOW(did not) take an oath. My Commission Expires: April 16, 2024 (Si&na re of Notary Public) Name: April Perez (Legibly Printed) o AFFIX'OFFIC?AL SEAL) Notary Public, Sta of: New J rsey -- — — Commission No.:LA 11 APRIL PEREZ ` NOiARYIU'BI,IC ° STATEOI NEW3EbS MY COMMISSION EXPIRES APR. 16,2024 13 Construction Services Agreement:[2022_ver.3] EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB#22-7965R Bond No. 800005882 Contract No. 22-7965R KNOW ALL MEN BY THESE PRESENTS: That DBE MANAGEMENT LLC dba DBE UTILITY SERVICES , as Principal, and Atlantic Specialty Insurance Company as Surety, located at 605 Highway 169 North, Suite 800, Plymouth MN 55441 (Business Address) are held and firmly bound to COLLIER COUNTY , as Obligee in the sum of Six Million Seven Hundred Thirty Seven Thousand Seven Hundred Thirty Six and 00/100 ($ 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 , 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: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. 14 Construction Services Agreement:[2022_ver.3] IN WITNESS WHEREOF, the above parties have executed this instrument this 12th day of September , 20 22 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed ealed and delivered , ' the esence of: PRINCIPAL • "' `v I l:': 40 A ENT LLC dba DBE UTILITY SEI VICE$ C) f .:. z. .. : . .. . as to NAME: DL4S11N /'% ITS: i)/26:5064a- STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of l physical presence or ❑ online notarization, this 13 day of ')e.f7 f r 202? ,, by 1-)US"t 1IN lt_ , as res`t ck N.4-- of nce jA iAy 6,0. JJ abet ( E t' �a Elba`io corporation, on behalf of the corporation. He/she Is p6rsonally known to me OR has produced neYSO/)ai/_-- J1rii,(_:i1 as identification and d' (did not) tape an oath. My Coviosrs: ;.\`O>P�y', `••7 /'.• (Signature f Notary Public) L �.'z �,�"� d'— Name: n Gil Me ii Ga // (Legibly Printed) :-r_w(AFFP y9 %%F ) Notary Public, q'State f: n,._..1.v4z‘s ..; ivdx_ ',4iiiiiit11 �� Commission No.: �417t ' 15 Construction Services Agreement:[2022_ver.3] ATTEST: SURETY: Atlantic Specialty Insurance Company (Printed Name) 48 South Service Road Melville, NY 11747 (Business Address) t6'J (Aut orized Si n tur r �-~ Mariya Leonid , Attorney-In-Fact • •tnesses as to Surety Jessica Ian o (Printed Name) FL Nonresident ent. 'License Number W334270_ OR f` As Attorney in Fact (Attach Power of Attorney) Witnesses Annette Audinot (Printed Name) (Business Address) (Telephone Number) STATE OF New Jersey COUNTY OF Morris The foregoing instrument was acknowledged before me by means of ❑ physical presence or A 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. F4/she is personally known to me ORXXX104X0*XOCkX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX IXXXX CiRXMCK/dA4X(did not) take an oath. My Commission Expires: ` t' ►� (Siiina re of Notary Public) , April 16, 2024 Aril erez (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: New Jersey APRIL•PEREZ —�1 Commission No.:7A-± 5 t 1 i NOTARY Pt.TRLIC STATE pF NEW JERSi Y MY COMMISSION EXPIRES APR. i 6,2024 i 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 Construction Services Agreement:[2022_ver.3] Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement:[2022_ver.3] Collier County Solicitation 22-7965R Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1„ 14 Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can he obtained online at httpiits,fldfs.corniboceNerllpf' 2. to,, Employer's Liability $ 1,000,000 single limit per occurrence 3. i4 Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $ 1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall he endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. 4, Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys fees and paralegals' fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone: employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5, El Automobile Liability $_1,000,000 Each Occurrence: Bodily Injury & Property Damage, Owned/Non-owned/Hired: Automobile Included 6 Z Other insurance as 0 WatercraI S Per Occurrence nr:ried: El United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion offhe work. Per Occurrence 0 Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work, Per Occurrence 0 Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement,. Per Occurrence .114 Pollution S 1,000,000 Per Occurrence 0 Professional Liability S Per claim& in the aggregate 0 Project Professional Liability SPer Occurrence 0 Valuable Papers Insurance Per Occurrence CI Cyber Liability SPer Occurrence: 0 Technology Errors& Omissions Per Occurrence 5/27/2022 10:17 AM AO 15 Colter County Solicitation 2.2,7965R 7., Bid bond Shall he submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street,New York,New York I 0038. 9. 4 Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions, 10, Z Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. II. Z 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 Prgiect description,or must read: For any and all work performed on behalf of Collier County. 12. Z On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East,Naples, FL 34112 13. [Z] Thirty(30) Days Cantellation Notice required.. 14. Collier CounklthalOrocA?t4iVrnatik*ti Builders Risk Insurance on all construction projects where it is deemed neeeSSarrStMebVerage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will. he addressed by the Collier County Risk Management Division. GG-5/18/22 Vendor's Insurance Acceptance By submission of the hid Vendor accepts and understands the insurance requirements of these specifications and that. the evidence of insurability may be required within live (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six(6)months from the date of award. ,.CNO 5/27/2022 101 7 AM p16 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material- men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between 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 [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 19 Construction Services Agreement:[2022 ver.3] EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name & Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @5% through $ Retainage @ 5% through [Insert $ [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 20 Construction Services Agreement:[2022.ver.3] EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% % TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO RNISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS &STORED (reduced rate) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE 333�u3 % , 3; € AO: aY AO!' TOTALS *Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 21 Construction Services Agreement:[2022_ver.3] Exhibit D (Continued) Stored Materials Record Formula: A+ B -C - D = E A B C D E Balance Invoice Previously Received Previously Installed To Date Description Supplier Number Received This Period Installed This Period Install 22 Construction Services Agreement: [2022_ver.31 EXHIBIT E: CHANGE ORDER Procurement Services Colter County Change Order Form E Contract Modification E Work Order Modification Contract#: Change#: Purchase Order#: Project#: Contractor/Firm Name: Contract/Project: Project Manager Name: Division Name: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item# Current BCC Approved Amount " Last BCC Approval Date; Agenda Item# Current Contract/Work Order Amount SAP Contract Expiration Date(Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total I $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes J $ 0.00 #DIV/0! Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date (Includes this change) #of Days Added Select Tasks ❑Add new task(s) ❑Delete task(s) ❑Change task(s) ❑Other Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance.The adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/ Design Professional arising out of or related to the change set forth herein,including claims for impact and delay costs. Accepted by: Date: (Contractor/Vendor/Consultant/Design Professional and Name of Firm,if project applicable) Accepted by: Date: (Design Professional and Name of Firm,if project applicable) Approved by: Date: (Division Director or Designee) Approved by: Date: (Procurement Professional) may tedune:zaldidonai asinatwns may iuxiw w on iicaarsw-:vex t; Mxs P,V,Nz u Off:.v aw:a 23 Construction Services Agreement:{2022,ver.3] Change Order/Amendment Summary COST TIME CO# AMD# Description Additive Deductive Days New Justification LI-1 L-1 Added Amount Revised (31!1412021 (Divisuwis wtio may reignite additional signatures may include on separate theet) PNOCUREMENT 1J SE 040 BCC aMmin Rpt Ef..:Z ES " 24 Construction Services Agreement:pap er.3] EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR: Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Construction Services Agreement:[2022_ver.3) OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 26 Construction Services Agreement:(2022_ver.3] EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: _ PO No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name &Title) By Design Professional: (Firm Name) (Signature) (Typed Name &Title) By Owner: (Department Name) (Signature) (Name &Title) 27 Construction Services Agreement: [2022_ver.3] EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 28 Construction Services Agreement: [2022_ver.3] 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 29 Construction Services Agreement:[2022_ver.3] limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction Services Agreement:[2022_ver.3] . p,Ci stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement:[2022_ver.3] ':.�V 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Construction Services Agreement:[2022_ver.3] those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement:[2022_ver.3] CAC) 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Construction Services Agreement:[2022_ver.3] :�il� made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestcolliercountvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construction Services Agreement:[2022_ver.3] 'i. agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Construction Services Agreement:[2022_ver.3] "AG 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 41:Construction Services Agreement:[2022_ver.3] the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement:[2022_ver.3] '„� any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement:[2022_ver.3}' If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verifv. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement:12022_ver.3] 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement:[2022_ver.3y AO or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement:[2022_ver.3] k 0 not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construction Services Agreement:[2022_ver.3] expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 3 44 Construction Services Agreement:[2022_ver.3] Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement:[2022_ver.3] A Cj `1, of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 46 Construction Services Agreement: [2022_ver.3] shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement: [2022_ver.3] Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 48 Construction Services Agreement: [2022_ver.3] i� 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall 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.3] 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 0 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 51 Construction Services Agreement:[2022_ver.3] price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 52 Construction Services Agreement: [2022_ver.3] 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement:[2022_ver.3] 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement: [2022_ver.3]:L:P��y EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Attached hereto, following this page ® Not Applicable 55 Construction Services Agreement:[2022_ver.3] j`�,o Client#:8325 DBEUTI ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/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 ,CONTACT • NAME: Nyssa Pace ZERVOS GROUP,INC. PHONE 248 355-4411 FAX MAIL o,Eat): (A/C,No): 24724 Farmbrook E- 248 355-2175_ ADDRESS: nyssa P 0 Box 2067 (azervosgroup.com INSURER(S)AFFORDING COVERAGE NAIC# Southfield,MI 48037-2067 INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Sirius International Insurance Corporat DBE MANAGEMENT LLC INSURER C: DBA DBE Utility Services INSURER D: 13387 Bryan Road 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADDLISUBRI POLICY EFF POLICY EXP -- LTR TYPE OF INSURANCE INSR IWVD POLICY NUMBER -{MMlDD/YYYY) (_MM/OD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABIUTY X X 434266900 03/31/2022 03/31/2023 EACH OCCURRENCE $2000,000 DAMAGE TO RENTED CLAIMS-MADE l Xl OCCUR PREMISES(Ea occurrence) $100,000 X Contractual MED EXP(Any one person) $15,000 _ X X,C&U PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRO POLICY X'I JECT- X LOC PRODUCTS-COMP/OPAGG $4,000,000 _ OTHER: A AUTOMOBILE LIABILITY X X 445830100 03/31/2022 03/31/2023 COMBINED SINGLE LIMIT {Ea accident) s2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED Per BODILY INJURY $ AUTOS ONLY AUTOS ( accident) X HIRED X NON-OWNED PROPERTY DAMAGE $ ---' AUTOS ONLY AUTOS ONLY (Per accdent) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE _$ DED I RETENTION$ A WORKERS COMPENSATION X 445830200 03/31/2022 03/31/2023 X I PER OTH- AND EMPLOYERS'LIABILITY y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A L&R Equipment CPP4198317 08/13/2022 08/13/2023 $300,000 Max Each Item B Poll&Prof CPPLS0002329 03/31/2022 03/31/2023 $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. CERTIFICATE HOLDER CANCELLATION 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 ©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