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Agenda 03/12/2024 Item #16C 3 (To protect Public health and Safety and provide a proactive environmental protection approach)03/12/2024 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, award Invitation to Bid (“ITB”) No. 23-8187, “Public Utilities 33 Lift Station Panels Replacement,” to Powerserve Technologies, Inc., in the amount of $3,112,404.29, approve an Owner’s Allowance of $155,000, authorize the Chairman to sign the attached Agreement and approve the necessary Budget Amendment. (Project Number 50280) OBJECTIVE: To replace the remaining control panels and associated appurtenances at pump stations damaged by Hurricane Ian while meeting demand for service, protecting public health and safety, and providing a proactive environmental protection approach. CONSIDERATIONS: The proposed scope of work under Project No. 50280.6.4, “Public Utilities 33 Lift Station Panels Replacement,” is consistent with the FY2024 CIP Budget approved by the Board on September 21, 2023. On September 28, 2022, Hurricane Ian made landfall on the southwest coast of Florida. Damage caused by the storm included the destruction of control panels and associated appurtenances at thirty -three pump stations. Subsequently, those pump stations were placed on bypass operations using portable diesel run pumps. Two of t he thirty-three pump stations repairs were completed by staff; thirty-one stations remain on bypass and will be repaired with this project. On October 11, 2023, the Procurement Services Division issued ITB No. 23-8187, Public Utilities 33 Lift Station Panels Replacement. The County received the following two bids by the December 11, 2023, deadline. Company Name City County St Bid Responsive/ Responsible Powerserve Technologies, Inc. Jupiter Palm Beach FL $3,112,404.29 Y/Y Technical Management Associates, Inc. Ft. Meyers Lee FL $3,846,000.00 Y/Y Staff found both bidders responsive and responsible, and recommends awarding the attached agreement to Powerserve Technologies, Inc., the lowest responsive and responsible bidder. The quote received from Powerserve Technologies; Inc. is approximately 18.4% lower than AECOM’s Opinion of Probable Construction Cost of $3,814,805.00. References provided by Powerserve Technologies, show sufficient relevant experience with similar projects to suggest it has the necessary experience to complete the project. Powerserve Technologies, Inc. incorporated in Florida in 1995, and is registered to conduct business in the State. Staff recommends that the Board award ITB No. 23-8187, Public Utilities 33 Lift Station Panels Replacement, to Powerserve Technologies, Inc., the lowest, responsive, and responsible bidder. The Owner’s Allowance of $155,000 is for unanticipated costs including, but not limited to, unforeseen site conditions that might be encountered during construction and will also be included in the Purchase Order. Any use of the allowance will be as directed by the County, if necessary, and subject to the Procurement Ordinance, with proper documentation provided to support any work authorized and performed under the allowance. This item is consistent with the Infrastructure and Asset Management element of the Collier County Strategic Plan objectives. FISCAL IMPACT: Funding is available within the Disaster Fund (1813), Project No. 50280. A budget amendment is needed to reallocate funding from various cost centers within the Hurricane Ian project (50280) to 16.C.3 Packet Pg. 720 03/12/2024 cost center (233356) in the amount of $690,000. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, award Invitation to Bid No. 23-8187, “Public Utilities 33 Lift Station Panels Replacement,” to Powerserve Technologies, Inc., in the amount of $3,112,404.29, approve an Owner’s Allowance of $155,000, authorize the Chairman to sign the attached Agreement and approve the necessary Budget Amendment. (Project Number 50280) Prepared By: Damian Cuadrado, PE, Project Manager III (Licensed), Engineering & Project Management Division ATTACHMENT(S) 1. 23-8187 Bid Tabulation (PDF) 2. 23-8187 COI_ Powerserve (PDF) 3. 23-8187 DELORA (PDF) 4. 23-8187 NORA_Executed (PDF) 5. [Linked] 23-8187_Vendor Signed_PowerServe (PDF) 16.C.3 Packet Pg. 721 03/12/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 28150 Item Summary: Recommendation that the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, award Invitation to Bid (“ITB”) No. 23-8187, “Public Utilities 33 Lift Station Panels Replacement,” to Powerserve Technologies, Inc., in the amount of $3,112,404.29, approve an Owner’s Allowance of $155,000, authorize the Chairman to sign the attached Agreement and approve the necessary Budget Amendment. (Project Number 50280.6.4) Meeting Date: 03/12/2024 Prepared by: Title: – Engineering and Project Management Name: Damian Cuadrado 02/23/2024 8:24 AM Submitted by: Title: Director – Engineering and Project Management Name: Matthew McLean 02/23/2024 8:24 AM Approved By: Review: Engineering and Project Management Shon Fandrich PUD Reviewer Completed 02/23/2024 9:33 AM Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 02/26/2024 12:09 PM Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Completed 02/26/2024 3:07 PM Public Utilities Operations Support Katrina Lin PUD Reviewer Completed 02/26/2024 3:36 PM Engineering and Project Management Matthew McLean PUD Reviewer Completed 02/26/2024 3:42 PM Wastewater Robert Von Holle PUD Reviewer Completed 02/26/2024 3:42 PM Public Utilities Department Vincent Dominach Level 1 Department Review Completed 02/26/2024 3:43 PM Procurement Services Barbara Lance Other Reviewer Completed 02/26/2024 3:55 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 02/26/2024 4:06 PM Procurement Services Sandra Srnka Procurement Director Review Completed 02/27/2024 8:28 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/28/2024 7:57 AM Grants Erica Robinson Level 2 Grants Review Completed 02/28/2024 9:39 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/28/2024 10:58 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2024 11:00 AM Grants Therese Stanley OMB Reviewer Completed 03/01/2024 2:01 PM Community & Human Services Maggie Lopez OMB Reviewer Completed 03/04/2024 7:40 AM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 03/04/2024 2:18 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/06/2024 9:42 AM 16.C.3 Packet Pg. 722 03/12/2024 Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM 16.C.3 Packet Pg. 723 Project Manager: Damian Cuadrado # of Notifications Sent:44,070 Procurement Strategist: Barbara Lance # of Bids Viewed:76 # of Bids Received 2 ITEM QTY UOM AMOUNT TOTAL AMOUNT TOTAL AMOUNT TOTAL 1 1a 1 LS $150,000.00 $150,000.00 $0.00 $60,000.00 $360,000.00 $360,000.00 2 2a 101.02 27 Bluebill Ave 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $105,934.00 $105,934.00 2b 101.03 11112 Gulf Shore Dr 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $106,355.00 $106,355.00 2d 101.05 9379 Gulf Shore Dr 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $100,949.00 $100,949.00 2e 101.06 9602 Vanderbilt Dr 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $115,231.00 $115,231.00 2f 101.08 321 Conners Ave 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $100,949.00 $100,949.00 2g 101.09 279 Egret Ave 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $100,949.00 $100,949.00 2h 101.10 283 Heron Ave 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $100,949.00 $100,949.00 2i 101.11 317 Flamingo Ave 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $100,949.00 $100,949.00 2j 101.19 12945 Vanderbilt Dr 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $106,355.00 $106,355.00 2k 101.25 397 Dockside Dr 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $106,355.00 $106,355.00 2l 112.00 1035 Manor Lake Dr 1 LS $89,816.83 $89,816.83 $135,000.00 $135,000.00 $129,820.00 $129,820.00 m 119.08 255 Cheshire Way 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $100,949.00 $100,949.00 2n 121.00 992 E Valley Dr 1 LS $89,816.83 $89,816.83 $135,000.00 $135,000.00 $121,125.00 $121,125.00 2o 121.01 251 3rd St 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $106,318.00 $106,318.00 2q 121.03 4831 Bonita Beach Rd 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $100,949.00 $100,949.00 2r 123.00 164 Barefoot Beach Blvd 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $106,355.00 $106,355.00 2s 123.01 228 Barefoot Beach Blvd 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $93,252.00 $93,252.00 2t 123.02 214 Barefoot Beach Blvd 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $93,252.00 $93,252.00 2u 123.03 212 Bayfront Dr 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $106,318.00 $106,318.00 2v 123.04 258 Barefoot Beach Blvd 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $106,318.00 $106,318.00 2w 123.05 213 Topanga Dr 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $106,318.00 $106,318.00 2x 123.06 276 Barefoot Beach Blvd 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $106,318.00 $106,318.00 2y 123.07 507 Barefoot Beach Blvd 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $106,318.00 $106,318.00 2z 123.08 5029 Bonita Beach Rd 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $100,949.00 $100,949.00 2aa 127.00 782 Walkerbilt Rd 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $103,119.00 $103,119.00 2bb 128.00 102 Shores Ave 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $106,355.00 $106,355.00 2cc 134.00 709 Pan Am Ave 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $115,231.00 $115,231.00 2dd 134.01 711 Wiggins Bay Dr 1 LS $87,576.83 $87,576.83 $120,000.00 $120,000.00 $103,598.00 $103,598.00 2ee 303.06 2162 Frederick St 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $109,332.00 $109,332.00 2ff 308.02 2051 Pelton Ave 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $106,318.00 $106,318.00 2gg 308.08 2165 Estey Ave 1 LS $90,196.34 $90,196.34 $120,000.00 $120,000.00 $106,318.00 $106,318.00 3 3 Wet Well Penetrations 155 EA $1,250.00 $193,750.00 $200.00 $31,000.00 $1,000.00 $155,000.00 4 4a Start-up, Training, and O&M Manual 1 LS $10,000.00 $10,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00 TOTAL BID (Add Items No. 1 through No. 4) $3,112,404.29 $3,846,000.00 $3,814,805.00 REQUIRED FORMS AND DOCUMENTS Yes/No Yes/No Bid Schedule Yes Yes Form 1: Bid Response Form Yes Yes Form 2: Contractor's Key Personnel Yes Yes Form 3:Material Manufacturers Yes Yes Form 4: List of Major Subcontractors Yes Yes Form 5: Statement of Experience of Bidder Yes Yes Form 6: Trench Safety Act Yes Yes Form 7: Bid Bond Yes Yes Form 8: Insurance and Bonding Requirments Yes Yes Form 9: Conflict of Interest Affidavit Yes Yes Form 10: Vendor Declaration Statement Yes Yes Form 11: Immigration Affidavit Certification Yes Yes Addendums ( 4 )Yes Yes Grants Package Yes*No* E-Verify Yes*Yes Sunbiz Page Yes Yes Vendor W-9 Yes Yes Bids Opened By: Barbara Lance * Minor Irregularities Witnessed By: Lisa Oien Date: December 11, 2023 *Staff has allocated $155,000 in Owner's Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Start-up, Training, and O&M Manual ITEM DESCRIPTION Mobilization/Demobilization Mobilization/Demobilization (Shall not exceed 10% of the total bid price) Install 33 Control Panels Wet Well Penetrations TECHNICAL MANAGEMENT ASSOCIATES, INC.ENGINEER'S ESTIMATE 23-8187 PUBLIC UTILITIES 33 LIFT STATION PANELS REPLACEMENT PROJECT BID TABULATION POWERSERVE TECHNOLOGIES, INC. 16.C.3.a Packet Pg. 724 Attachment: 23-8187 Bid Tabulation (28150 : 33 Lift Station Panels Replacement) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/16/2024 (561) 721-3746 38318 Powerserve Technologies, Inc 15074 PARK OF COMMERCE BLVD Jupiter, FL 33478 27847 NA A 1,000,000 X 1000090763241 2/21/2024 2/21/2025 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A X 1000679538241 2/21/2024 2/21/2025 5,000,000A 1000095611241 2/21/2024 2/21/2025 5,000,000 B WFL502424210 8/1/2023 8/1/2024 1,000,000 N 1,000,000 1,000,000 C Contractor Pollution B0621PP0WE002824 2/21/2024 Each Claim 2,000,000 For any and all work performed on behalf of Collier County Collier County Board of County Commissioners, or Board of County Commissioners in Collier County, or Collier County Government or Collier County are Additional Insured with respect to General Liability & is primary and non-contributory when required by written contract per form #OG242, OG243 & OG023 and Additional Insured with respect to Auto Lability & is primary and non-contributory per form #SICA-1016 & CA0449 Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 POWETEC-04 CANHAML Insurance Office of America Abacoa Town Center 1200 University Blvd, Suite 200 Jupiter, FL 33458 Dianne Klaus Dianne.Klaus@ioausa.com Starr Indemnity & Liability Company Insurance Company of the West Lloyd's X 2/21/2025 X X X X X X 16.C.3.b Packet Pg. 725 Attachment: 23-8187 COI_ Powerserve (28150 : 33 Lift Station Panels Replacement) https://aecom-my.sharepoint.com/personal/francisco_bohorquez_aecom_com/Documents/Documents/Collier County/33 Panels 2 Gens/Communications/D ELORA_AECOM_33 Panels.doc AECOM 7650 West Courtney Campbell Causeway Tampa, FL 33607-1462 Tel: 813.286.1711 Fax: 813.287.8591 January 22, 2024 Mrs. Barbara Lance Procurement Strategist I Collier County Procurement Services 3295 Tamiami Trail East Naples, Florida 34112-5361 Re: Design Entity Letter of Recommended Award Solicitation No. 23-8187 Public Utilities 33 Lift Station Panels Replacement Project Dear Mrs. Lance, Bids were received for the above referenced project by Collier County on December 11th, 2023. Engineer of Record (EOR) AECOM has completed our review of the bid submitted by the lowest bidder for this project, and we are pleased to provide the following award recommendation. The scope of the Public Utilities 33 Lift Station Panels includes the replacement of all the electrical equipment at 31 Lift Stations (two of the stations were deleted from the scope via addenda). Collier County Procurement’s review of the bid tabulations determined that the apparent low bidder is Powerserve Technologies, Inc. (Powerserve) with a bid of $3,112,404.29. AECOM was provided with the bid schedule for Powerserve. Powerserve’s bid is approximately 18% lower than the Engineer’s Opinion of Probable Construction Cost (OPCC) of $3,814,805.00. References were provided, and the completed Vendor Reference Check Logs for each reference are attached hereto. The project references provided by Powerserve were all contacted. AECOM determined the references contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. The Florida Department of Business and Professional Regulation’s website was used to verify the status of the low bidder’s license. Powerserve is licensed as Certified Electrical Contractor since 1995. The license EC7371 is in good standing with no complaints on file. 16.C.3.c Packet Pg. 726 Attachment: 23-8187 DELORA (28150 : 33 Lift Station Panels Replacement) Page 2 of 2 Mrs. Barbara Lance January 22, 2024 https://aecom-my.sharepoint.com/personal/francisco_bohorquez_aecom_com/Documents/Documents/Collier County/33 Panels 2 Gens/Communications/D ELORA_AECOM_33 Panels.doc Based upon the information provided and in consideration of terms and conditions set forth in Contract requirements, AECOM recommends that this project be awarded to Powerserve Technologies Inc., in the amount of $3,112,404.29. As always, if you have any questions, please do not hesitate to contact me at: francisco.bohorquez@aecom.com or direct at 813-494-2672. Cordially, AECOM Francisco J. Bohórquez, P.E. Senior Engineer, AECOM cc: Ronald R. Cavalieri, P.E., AECOM 16.C.3.c Packet Pg. 727 Attachment: 23-8187 DELORA (28150 : 33 Lift Station Panels Replacement)Digitally signed by Francisco J. Bohorquez, PE DN: cn=Francisco J. Bohorquez, PE, c=US, o=AECOM, ou=US TPA1, email=francisco.bohorquez@aecom.com Reason: DELORA 33 Panels Location: 7650 West Courtney Campbell Cswy Date: 2024.01.22 14:05:18 -05'00' Francisco J. Bohorquez, PE Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8187 Reference Check by: Francisco J. Bohorquez, PE Solicitation Title: Collier County 33 Lift Station Panels Replacement Project Date: 01/11/2024 Bidder’s Name: Powerserve Technologies, Inc. Phone: 561-284-2520 Design Entity: AECOM Technical Services, Inc. REFERENCED PROJECT: Project Name: Bobcat Station Project Location: Immokalee, Fl. Project Description: Substation construction Completion Date: 06/2021 Contract Value: $6,400,000 Project Owner/Title: FPL/NetEra Energy Owner’s Address: 700 Universe Blvd. (CEA/JB) Juno Beach, FL. 33408 Phone: 561-222-1689 Owner’s Contact Person: Dayton McEwen E-Mail: None Provided 1. Was project completed timely and within budget? (If not, provide detail) YES 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) YES 3. Was the construction process performed satisfactorily? (If not, provide detail) YES 4. Did the process run smoothly? Were there any changes? Describe below. YES, Contractor performed above expectations in a complex project. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) YES 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? NO 7. Additional comments: Performed above and beyond expectations, highly recommends. 16.C.3.c Packet Pg. 728 Attachment: 23-8187 DELORA (28150 : 33 Lift Station Panels Replacement) 16.C.3.c Packet Pg. 729 Attachment: 23-8187 DELORA (28150 : 33 Lift Station Panels Replacement) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8187 Reference Check by: Francisco J. Bohorquez, PE Solicitation Title: Collier County 33 Lift Station Panels Replacement Project Date: 01/11/2024 Bidder’s Name: Powerserve Technologies, Inc. Phone: 561-284-2520 Design Entity: AECOM Technical Services, Inc. REFERENCED PROJECT: Project Name: Bobcat Station Project Location: Immokalee, Fl. Project Description: Substation construction Completion Date: 06/2021 Contract Value: $6,400,000 Project Owner/Title: FPL/NetEra Energy Owner’s Address: 700 Universe Blvd. (CEA/JB) Juno Beach, FL. 33408 Phone: 561-222-1689 Owner’s Contact Person: Dayton McEwen E-Mail: None Provided 1. Was project completed timely and within budget? (If not, provide detail) YES 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) YES 3. Was the construction process performed satisfactorily? (If not, provide detail) YES 4. Did the process run smoothly? Were there any changes? Describe below. YES, Contractor performed above expectations in a complex project. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) YES 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? NO 7. Additional comments: Performed above and beyond expectations, highly recommends. 16.C.3.c Packet Pg. 730 Attachment: 23-8187 DELORA (28150 : 33 Lift Station Panels Replacement) Notice of Recommended Award Solicitation: 23-8187 Title: Public Utilities 33 Lift Station Panels Replacement Project Due Date and Time: December 11, 2023, at 3:00 pm EST Respondents: Company Name City County State Total Bid Amount Responsive/Responsible Powerserve Technologies, Inc. Jupiter Palm Beach FL $3,112,404.29 Yes/Yes Technical Management Associates, Inc. Fort Myers Lee FL $3,846,000.00 Yes/Yes Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On October 11, 2023, the Procurement Services Division issued Construction Invitation to Bid (ITB) No. 23- 8187, Public Utilities 33 Lift Station Panels Replacement Project to forty-four thousand and seventy (44,070) vendors. Seventy-six (76) bids were viewed, and two (2) bids were received by the December 11, 2023, deadline. The bid due date was extended twice for one (1) week each, during which time, staff conducted additional vendor outreach. Staff reviewed the bids received and both bidders were deemed responsive and responsible, with minor irregularities. Staff determined that Powerserve Technologies, Inc., is the lowest responsive and responsible bidder. Staff recommends the contract be awarded to Powerserve Technologies, Inc., the lowest responsive and responsible bidder, for the total bid amount of $3,112,404.29. In addition to the total bid amount, staff has allocated $155,000 in Owner’s Allowance, for Owner’s use as directed. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Srnka Date DocuSign Envelope ID: E753AD27-5DF7-415D-9175-A47259C847FC 1/23/2024 1/23/2024 1/23/2024 16.C.3.d Packet Pg. 731 Attachment: 23-8187 NORA_Executed (28150 : 33 Lift Station Panels Replacement) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Powarsarva Technologies, Inc. ("Contractor") of '15074 Park of Commerce Blvd., Suites #4, Jupiter, FL 33478-6425, a Florida Profit Corporation, authorized to tlo business in the State of Florida, to partorm all work ("Work") in con naction with "Public Utilities 33 Lift Station Panels Replacement Protect", Invitation to Bid No. 23-8'187 ("Project"), as said Work is sat forth in the Plans and Specifications prepared by AECOM Technical Services, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein sat forth, agree as follows Section t. Contract Documents. A. The Contract Docu merits 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 era 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 partormanca of the Work. B. Owner shall furnish to the Contractor one reproducible sat 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. Scone 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 pertorm and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In conaideration of the faithful partormanca 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: Throe Million One Hundred Twelve Thousand Four Hundred Four Dollars and Twenty -Nina Cants ($3,112,404.29). Tha additional amount of Ona Hundred Fifty -Five Thousand Dollars ($'155,000) has been allocated as an Owner's Allowance. Any allowance dollar amount that has been included in the Contractor's Bid Schad ule amount is not a guaranteed portion of the aforementioned Contract Amount but rather is only elig ibla for reimbursement by the Owner if and subject to whether a specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed upon and memorialized by the Pa rtias in writing (the "Owner's Allowance"). Any dollar portion of an Owner's Allowance that is not authorized by the Owner and memorialized by the Parties in writing, via Change Order, shall not be eligible for reimbursamenVpaymant by the Owner as part of a Payment Application submitted by the Contractor. t Conatruc[ion Sarvicea AgraemenF. [2023_vec2] `. PQ Section 4. Bonds. A. if applicable, the Contractor shall provide Pertormanca 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. Tha Partormance and Payment Bonds shall ba underwritten by a su rely authorized to tlo 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 Sarvica, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Accapta ble Reinsurance Comps Hies" circular. This circular may ba accessed via the web at htt �//f' I t / t -b d /1' t- rt'f' d- ht I. Should the Contract Amount be lass than $500,000, the requirements of Section 287.0938, 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 tlo business is terminated in the States of Florida, or It ceases to meat the requirements imposed by the Contract Docu mants, the Contractor shall, within £ve (5) calendar days thereafter, substitute at its cost and expanse another bond and surety, both of which shall ba subject to the Owner's approval. Section 5. Contract Times and Liouidated Damaoea. A. Time of Partormance. Times 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 Data. No Work shall be partormad at the Project site prior to the Commencement Data. Any Work partormad by Contractor prior to the Commencement Oates shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Ona Hundred Eighty (780) calendar days from the Commencement Date (herein "Contract Times"). Tha date of Substantial Completion of the Work (or designated portions thereof) is the data 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 Com elation. Final Completion shall occur when the Agreement is com pletetl 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 lima may ba adjusted as provided for harei n. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to dafin Italy ascertain and quantify. Should Contractor fail to achleva Substantial Completion within the number of calendar days established herein, Owner shall ba entitled to assess, as liquidated damages, but not as a penalty, Threes Thousand Thrace Hundred and Ei9 hty-Eight Dollars ($3,388.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the raq uirad time period, Owner shall also be entitled to assess and Contractor shall ba liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. Tha Project 2 Cons[ructlon Servlcea A9reamt3nt [2023_vBt2] shall be deemed to be substantially completed on th¢ 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 expr¢ssly waives and ralinq uishes 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 lima 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 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 th¢ 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 sol¢ 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 continua 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 avant Contractor defaults on any of its obligations under th¢ Agreement and Owner al¢cts 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 th¢ liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liq uidatad 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 th¢ 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 damag as 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 liq uidatad 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. 3 l ��( ) Construction Sarvlces Agreement [2023_v r.2] Section 6. Exhl tilts Incorooratad. Exhibits Incorporated: Tha followln9 documents era expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8187 "Public Util itlas 33 LIH Station Panels Replacement Project". Exhi bit A-t: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms antl Addendums Exhibit A-3: Contractor's List of Kay Personnel Exhibit B-'I: Payment Bond Forms � Not Applicable Exhibit B-2: Pertormance Bond Forms � Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Cha nga Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit 1: Supplemental Terms and Conditions ®Applicable 0 Not Applicable The followln9 documents era expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23-8t87 "Public Utilities 33 Llft Station Panels Replacement Project." Tha complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: httos�//www bidsv nc com/bidsvnc-cas/, which the pa rtias 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 era available through the County's on-line bidding. ®Exhibit J: Technical Specifications O Exhibit K: Permits Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: AECOM Technical Services, 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: C olliar County Board of County Commisslonars, FL Go Transponation Engineering Division 2885 Horseshoe Drives S Naples, FL 34104 Attn: Damiam Cuadrado, Project Manager III Phones: (239)252-5377 Email: Damian.Cuad rado(rDcolliarcountvtl.cov a Construction Sarvlces Agreement [2023_var.2] � �i�( "• B. All notices required or made pursuant to this Agreement by Owner to Contractor shall ba made in writing and shall ba deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Powarserve Tech nologias, Inc. 1504 Park of Commerce Blvd., 7R4 Jupiter, FL 33478 Attn: Leonardo Velosa, President Phone: (561) 840-1441 Email: pst'ta'2powerservatach.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. 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 parson 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 ba awarded or partorm 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 data of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall ba 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 Assions. 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. Govarnino Law. Tha Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Walvar. The failure of the Owner to enforce at any lima or for any period of lima any one or more of the provisions of the Agreement shall not be construed to ba and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. s Conaltuc[lon Sarvlcas AgreBmBnF [2023_vor.2] CAS Section 13. Entire Aaraamant. 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 recognizetl, and that all negotiations, acts, work pertormed, or payments made prior to the execution hereof shall be deemed merged in, integrated and su parsaded by the Agreement. Section 14. Savarabiliri. Should any provision of the Agreement ba determined by a court to ba unenforceable, such a determination shall not affect the validity or enforcaabil ity of any other section or part thereof. 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 fo the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying ad ministrativa 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 farms 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 ba resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be r®solved 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 e CAO Construction Services Agrecrosnt [2023_vec2] IN WITNESS WHEREOF, the parties have executed this Agreement on the data(s) indicated below. TWO W)�I�TNESSES: rfCLL�f�lllf/l�h� FIRST TNESS 1Gc�th�yv� ��25 �Pr_int/Name //.C_��- SE NO WITNESS /�-'�«> Print Nama ATTEST: Crystal K. Kinzal, Clark of Courta $ Comptroller C3J Data: Approved ea to Form and Legality: County AI[ornay Print Name CONTRACTOR: Powarserve Technologies, Inc. BY: I� / �V �eo..�,r�o �ye.l�sa. P6�5,�.�,,1 Print Nama a/nd Tltia '� Data: 2 ! I � � 2� Z- OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIOA BY: Chris Hall, Chairman r cone�.unuon san.mas /+oreement: 12o22_ver.zl EXHIBIT A-1: CONTRACTOR'S BIB SCHEDULE (FOLLOWING THIS PAGEI 8 CAn ConsbuHlon Sarvlces AgraamenY [2023_vac2] 23-618T PUBLIC UTILITIES 33 LIFT STATION PANELS REPLACEMENT PROJECT BIO SCHEOULE_REVISEO_2 ITEM ITEM 0ESC81MION pTV VOM AMODNT 3 Mpbllizatlon/OamobillzaHon en isnallnw s.ed ]Dx er n.aou bm FdceJ s3sD DOD.oD $ISD,Dao.DD 2 Install 33 Control Panels 3a $BJ,SJ6.83 58]SJ6.83 2b LS $8] 96.83 2O 101.03 1 LG $8> $]6.83 ] I5 Se] s]6.93 5aJ sJ6.e3 2t 59D v96.3q Sm 396.3q 2>e E re 694 Sm i96.3a 3h 283 Nemn w e 9D,]9a.34 59D 196.3q 2I 3�>Flemin n $90,396,34 59D,196.39 e]96.H3 $W.D6.83 1 58].9a_a3 1 589,a]a.a3 1 9D 396.39 59a,]96,3q 1 IS 589 H16.63 5a9,816.63 $so,]96.39 $9 sJ6.e3 $a]$J6.83 ern Blvtl $H] ST6.83 $HJ.S]6.83 ern elva 59D vs6.3q 59D v96aa eta Berelao� aeeon ova 59> sJ6s3 sa] s>6.93 59D 196.3q 590 196.3q 63 mfool Becch Blva is $9D 1%.94 59D 396.3q To e e V� $90.196.39 59D 196.39 2>80a�afcol OeeeM1 eNO LS 90196.34 59 D,]96.39 ri3.W SOJ Ba�e/aol aeecM1 aNd 3 LS $9D.]s639 2i iz3.09 6028 BeMu aeadi Rd 1 l5 $B] s]6.63 $BJ.S]6.H3 aaa izJ.00 5ws]s.a3 ebb 56>.s>6.83 SaJ s]6.a3 ]OB PenrAm Ava $a].5]6.83 ]6.83 3tld 13 a.D1 ]1'I W ' 1 35 $W $J6.83 Zee 303.D8 2'182 FrodnXke81 t5 59D 196.3a $90 396.3q 3(f 908.Da aO6t P nA 3 590196.3a $90196.34 2183 Ec/e $90 196.94 59D 196.34 3 wax Well Panetratlons e1 WaII Penebellor�a 135 EA $193.J50.00 4 5[art-up, Tralning, antl 08•M Manuel . T�elnin , enG 08M Manuel LS 10 DOD.OD 51D OOO.DD TOTAL BID (Add Items No. 1 through No. 4) 53.zaa,aoa.zs •S[sHbas a//ocatad $l bb,000 /n OwnaYs A/bwanca - br OwnaEs Usa as Olrec[ad. Th/s A//owance w/// be used only at the Owna>'s d/iactbn ro mphsb watla tlua (a unharesa¢n condfibns antl/ot by Ms Owner /nc/uslon o/ (Da A/bwanca as part o! fhe ConfEact Pnae /a na[ a guarantor that the ConVacfot w/// De peltl any port/on o! [ha /u// amaunl o/the A/bwanca. Expentllfures a/ Owna>s A//owance w//1 ba maUa through Ghanga Ordat wtth pmpa/tlocumantatbn o!T/me and Matetla/s suppon/ng the change. Cq0 EXHIBIT A-2: CONTRACTOR'S BIO SUBMITTAL FORMS AND AOOEN OUM (FOLLOWING THIS PAGEI e Connffvcllon Sarvlcas Agreement [2023_vat2)G`[�� Collier County Sollcltatlon 23-818T FORM 1 -BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PUBLIC UTILITIES 33 LIFT STATION PANELS REPLACEMENT PROJECT BID NO. 23-6189 F\tll Name of Bidder Powerserve Technolofdies, Inc. Main Business Addreaa t 5074 Park of Commerc® Blvd. #4. Jupiter, FL 33478 Place of Business_15074 Park of Commerce BIVd. #4, Jupiter, FL 33478 Telephone No. 56�-840-144'1 Fax No`56t-840-1439 States Contractor's License # ECf 30t 2 82 8 State of Florida Certificate of Authority Document Numbs Federal Tax Identi{cation Number 65-06 � 8324 DUNS# 80-906-8307 CCRtt KtG56CLJ3YR3 Cage Code 9MVC8 To: HOARD OF COUNTY COMMISSIONBRS OF COLLtPB COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only p¢raon or parties interested in this Bid as principals are those named hcrciv, that 4vis Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location o£the proposed Work, the proposed farm of Agreement and ali other Convect Documents and Bonds, and the Convect Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will ex cute the Agreement included in the Bidding Documents, to prav:de all necessary machinery, tools, pparams mdeother m of conatrucaion, including utility and trmsportation services necessary [o do all rive Work, and Ehnviafi all the materiels and equipment specified or referted to in the Conbact Documents in the manner and times herein prescribed and according to the requiremmta of [he Owner as [herein set Porth, Rtmish the Contractor's Bonds and Insurance specified in the Oeneral Conditions of the Contracq and to do all other things required of the Convector by the Contract Documents, and that it will take full payment the soma set forth in [he following Bid Schedule: Unit pric¢a shall be provided in no mor¢ than two decimal points, and in the cace where furtb¢r decimal pointy are inadvertently provid¢d, roundivg to two d¢¢imal points will be cantlucted by Procurement Services Divtaion etaB. Upon notification chat its Bid has bren a arded, the Succesa£ul Hiddez will execute the Agree cnt form attached to the Hidding Dpcuments within ten (1 O) calendar days and deliver the Surety Bond ar Honds and Inatumm Certificates as inquired by the Contract Documents. Tfia bid security attached is [o become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds ar not a toted and delivered to Owner within the times above sec forth, as ligvidatetl damages, Eor tfie delay and ndditional expen ¢ to the Owneq it being recogmzcd that, since rim¢ is of the essence, Owner wilt suffer financial loss if the Successful Bidder fails too cute and deliver to Owner the required Agreement, Inaurmce Certificates and Bonds witfi:n the required time period. In the event of such failure, the total amount of Owner's damages, wilt be difficult, if not impossible, to definitely ascertain end quantify. Ii is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event i[ fails to execute end deliver the Agreement, Inaurmce Certificates, and Bonds as required hereunder. The Successful Bidder hereby expmsaly weaves and relinquishes any right which it may have to seek to characterize the CAO ion t/z023 aB2rRBYructlon Sollcitetion Ooc rev 04f52022 0� a Colllar Courtly SOIldtallon 2351 B7 above noted liquidated damages es a penalty, which the Varties agree represents a fair and reasonable estimate of Owner's actual datnagea a[ dte tlme of bidding IF the Successfhl Bidder fails to execute and deliver the Agreement, Insurance Cartificatea, And Bonds in A timely mannm-. Upon receipt oftlre signed end approved agreement and Ptu'cltase Order, the undm'sigmd proposes to c ante work at dte site within &va (5) calendar days from the commencement date atipulared in the written Notice m Proceed uNesa the Project Manager, in writing, subsequently notiRas the Contractor of a modified (later) commmccment date. The undcraigned further agrees to substantially complete all work covered by this Bid within on¢ hundred eighty (tg0) consecutive calendar days, computed by excluding the cortmtenoemant date and including Hae last day o£such period, and to be filly completed to the point of final acccp[ence by the Owner within thirty (30) consecutive calendar days after Substantial Conrplction, computed by excluding commmceanen[ date and including the last day of such period. Acceptance and acRnowladged by an Authorize Agent Twe- President Date• \2 It tfy�2$ CAO t0/t t/2o23 9@3rAdrrucf/on So//c/tat/on Ooc rev (M152022 p' � ColDar County Solldtatlon 23-Bt 8] FORM 2 - CONTRACTOA'9 [CEY PERSONNEL ASSIGNED TO THE PROJECT PUBLIC UTILITIES 33 LIFT STATION PANELS REPLACEMENT PROJECT Bid No. 23-818'1 Nam Joel dollar-Cuesta Robert Konger Porsonnet Ca[esory Construction Snperintendent Project Manager Construction So/Icltation Ooc rev 04f52022 t D/t 1/2D23 8:43 PM cno p. B Calllar Caunly Scllcltatlon 23-at 8➢ IrORM 3 -MATERIAL MANUFACTURERS THlS FORM MUST BE COMPLETED OR BtD MAV BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid apccif ications, including compliance with Plorida Statute 255.20 [o provide lumbeq timber and other fomat products producW and manufactured in the State of Florida as long as the price, £mess end quality are equal. Exceptions (when equals arc a cepmble) may be requested by c mplcting the Materiel Manufacturer Exception Liat below. i£ an caption for a manufacturer and/or material is proposed and listed bclaw and is not approved by Engineer/Project Manager, Bidder shall furnish the manu£acturcr named in the speci£cetion. Acceptance of this form does not constitute acceptance of materiel proposed on this list. Compltte end sign section A g$ B. Section A (Acceptance of ail manufactures and materials in Bid apeciflcations) On behalf o£ my firm, 1 confirm that we will use all manufacturers end materials as specifically outlined in the bid speciticationa. company: Powarserve Technoloaias. Inc Signature: �- `� - Date: IZ//I rpdL3 Section B (Exception requested to bid specificatiena manufacturers and materials) 1. 2. I 3. 4. 5. / Please insert additional pages as necessary Company: �FSi•7 �1�.gS/\.P13Sil.IliJ:i vl N NC . Daee �y It /�7p23 Construction So/icltetion Ooc rev 04152022 l0/t t/2023 9:43 PM CAO p. 9 comer county sou¢Itanon z3-etas FOAM 4 -LIST OF MAJOR SUBCONTRACTORS THf3 FORM MUST DE COMPLETED OR BlD MAY BE DEEMED NON -RESPONSIVE The undersigned starts that the following is a list of the proposed subcontraotors for the major categories outlined to the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein era "qualified^ (as defined in Ovdinance 20]7-OB end Section 15 of Instructions [o Bitlders) and meat all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations end inaumnce coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid off r. Further, the Owner may direct khe Successful Bidder to remove/replaca any Subcomractoq at no additional cost to Owner, which is found to be non -compliant with this vxquirement either before or after the issuance of the Award of Contrect by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after She Award of Contract, and i ordance with the requirements of the Contract Documents, She Successful Bidder shall identify all Subcontractors it ntenda to use on the Pv ject. The undersigned fLrthar agrees that all Subcontractors subsequently identified { r any portion of work on this Project mast ba qualified es noted above. Major Category of Work Subcontractor and Address 1. Electr""cal 2. Mechanical NONE 3. Plumbin NONE a. sit¢work NONE 5. Identity other subcontractors that rcptreaent more than 1 O % of price or [hat affect the critical ath of [he schedule NONE Company: Signature: Constzctlon So/Icltatlon Doc rov 04152022 t 0/1l/2023 ®:43 PM Hate: 12(l<'Zo43 CAO p. 10 Colllar County Sollclla8on 23-Bt87 FORM 5 -STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONS[VEMON- RESPONSIBLE. The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed widtin 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- Bobcat Station FPL / NextEra Energy (project name) (project owner) Immokalee, FL 700 Universe Blvd. (CEA/JB) Juno Beach, FL 33408 (project location) (Owner's address) See attached reference sheet Dayton McEwen (project description) (Owner's contact person) o3/zozo - os/2ort $ s,400,00o ssi-zzz-7sss (project atert/complction dates) (contract value) (phone) (email �' EPC Substation Sugar Cans Growers Cooperative (project name) (project owner) Belle Glade, FL '1500 George Wedgworth Way, Belle Glade, FL 33430 (project location) (Owner's address) Sea attached reference sheet Matt Roberts (project description) (Owner's contact person} (title} 12/2020 - 03/2023 g 4,000,000 56Y-26f -7702 (project stardcompletion dates) (contract value) (phone) (email) 3- Natural Gas ERX and RTU Installation Florida City Gas (project name) (project awncr) Multiple FL based stations 4045 NW 97TH Avenue, Doral, FL (project location) (Owner's address) Install of station RTU and ERX equipment Jay Kotak (pr jeer description) (Owner a contact person) (title) � �/20'I 8- OS/20f 9 g 466.000 jxkO5fg@fpl.com (project starVcompletion dates) (wntrnct value) (phone) (email) Construct/on Solicitat/on Doc rev 04152022 CAS t O/1 t /2023 8:43 PM A' t � rjo111er County Sollcltetlon 23-81 B] FORM S -STATEMENT' OF EXPERIENCE OF BIDDBR Palm Beach County Water and Sawar n Water Treatment Plant VFD Eaton (project name) (project owner) Palm Beach, FL PO Box 24740, W_ ast Palm Beach, FI 33416 (project location) � (Owner's address) VFD Replacements Jenny Darocha (project description) (Owner's contact person) (title) 07/2020 - 11/2021 g 103,000 JennyDarocha�eaton.com (project completion date) (nontrao<value) (phone) (amaiq s' Seminole Pratt Station Grounding (projeot name) Miaml, FL (project location) Natural Gas station grounding work (P Jeat description) 12/2019 g 107,000 (project completion data) (contract value) Florida City Gas (p ject owner) 4045 NW 97TH Avenue, Doral, FL (Owner's address) Jay Kotak (Owner's contact person) (titles) _ jxkOSfg �fpl._com (phone) (ema:p company: Powarsarva Technologies, Inc. Signature: Deter: (2,U /2�Z3 Consircctlon So/!c/tat/on Ooc rev 04'/52022 1 n/'112023 9:43 PM C�+U p. 12 C� TECHNOLOGIES, INC_ � Greerafiela Project Higtal=glzts Sobcat Substat=osa Procure aced Construct Next Era Energy contracted Powerserva to construct a 400MVA 230kV-138kV transmission switchyard. site development incLu ded grading, bac kfill, storm d rafnage, foundations, asphalt antl landscaping. Additional work included material proeu cement, structural, electrical, equipm¢nt installation, conduit and grounding. Testing and commissioning was complet¢d by the Powerserve PS.0 group. Scope: Location: Value: Procure, Construct, Testing and Commissioning Immokalee, FL $6,400,000 Customer: N t--!\---1 �i ■ G�`V ENERGY • Substation Construe[ion • Procurement of equipment and materials • Protection and Control • Testing and Commissioning Powerserve Technologios, Inc. is a provider of manufacturing, engineering, procurement and construction (EPC) services. We provide a wide range of comer®hensive solutions for utility, commercial, government and industrial markets. Powerserve maintains the comprehensive portfolio requiretl to support the iaiectrical Industry and i[s associatotl tlomands. Powerserve Technologies, Inc. �� visit �s online 15074 Park of Commerce BLvci. #4 I Jupiter, FL I 33478 �� Powerse rvetec h.com �� TECHNOLQGIES. INC.- J Greenf:ela Project Higlilsglits SCGC 691zV/131zV Substatsoa w=th FPL lsatertae SCG Cooperative of Flo ritla converted to a wholesale pow¢r agreement which required converting their 4kV Inte rcon ne ctlon to a Florida Power and Light (FPL) 69kV radial feetl. Th¢ Cooperative contact¢tl Powerserve to assist in executing a full turnkey conversion and coordination with FPL. Scope of work inclu d¢tl complete engineering design, material procurement, planning, integration and relay coordination with FPL, fabrication and design of the P6C cabinets, relay s¢ttings, SCAOA com municatlons, insta LlaClon of the tlistribution and transmission lin¢s, substation construction, commissioning and testing. Scope: Install 69kV interconnection Location: Belts Glade, FL Value: $4,000,000 � 13 �t of r 1: � �,� � � _ rune i� � '�sIy�� i -3' 'S Customer: � = _ _ EPC Substation, Transmission & distribution Procurement of all equipment &material SUGAR CANT GROW[-RS FPL. Full construction and Protection 8. Control C'OUP[RATIVf_ QF FLORIOA • Commissioning and Testing - ■ Powerserve Techn ologias, Inc. is o provider of man ufocturing, engineering, procurement and construction (EPC) services. We provide c wide range of com pranensiva solutions for utility, commercial, government and industrial markets. Powerserve maintains xh®comprehensive portfolio raqulratl to support the electrical intluetry and its aasociatad tlamands. Powerserve Technologies, Inc. - �� visit us onnne 15074 Park of Commerce BLvd. #4 I Jupiter, FL I 33478 �� Pa,werse rvetec h.com `� Co111ar County Sollcitatlan 23-8t8-! FORME -TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAV 6E DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various ifema of the bitl and in the Total Bid Prices are costs for complying with the Florida Trench Safety Act (90-96, Lawa of Florida) effective October I, 1990. The Bidder flnther identifies the cost to be aummeriud below: Tranoh Saftty Units of Unit Unit Extended Cast Measure Measure (Quantity) Cost (Deacrio[ioN (LP.SYI i 2. 3. 4. 5. 6D Steel trench box 1 OLF, 50SY 31 TOTAL Company: 3lgnature: $302 $9,362 pate: IZ/11 /?ra3 Consfructlon SONcitetion Doc rev o4162022 1 OR tY2023 8:43 PM P� l3 CAD Collier Counly 3ollc{taHon 23-Ht8] NORM 9 -BID BOND THIS FORM MUST BE COD'IPLETED OR BID MAY BE DEEMED NON-RESPONSiVG/NON- RESPONISBI.E KNOW ALL MCN BY ThIESE PRL=$ENTS. that Powarsaroa Technologies Inc. (herein nFler calledc the Principaq and anermen Alternative loewanee Carpareaan (herein caIIM the Surety), oryoration chartered and cxining under the laws ofthe Smle of oelewee with its principal offices in the city of Pnnceton and authgrized to do business in iha Smtc of donee n held axl firmly bound tnto the eduer Bounty eoara nr county commleelon_es (hereinafter called the Owner), in the NII snA just s of flue Perem otAmw dollars ($sx nt Amaum al4 )gooA mv<I lnwfd money of five United Smtes of tAmeries, to be paid upon demand of the Ownor, to which payment well and uvly co be made, the 1>rincipnl and the Surety bind themselves, (heir heirs, and executors, ndminisu�stors, and n. signs,.jointly and severally an<I tinnly by these presents. Whe the Principal is about to xubmit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipmmu and incidentals n sorry to Porn ish, install, and tillly complete the Work on the Pr ]act known vs BIA No. 23-8189 PUR1.iC UTILITIES 33 LIPT STATION PANELS REPLACEMENT PROJECT. NOW, THEREFORE, i{ the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agrcmnnvt with Ibe Owner and avithin wn dnys after the dote of a written Notice of Awald it accordance with the terms of such Bid, end giv mh bond nr bomis in an amount of S00 Po the total Contmd Amoma a specified in the Bidding Documents or Contract Documents ayilh good and su fflcient .urety for the fitithful perforntance of the Agreement and for the promVl paYlnmu of labor, mato�ia is and supplies Fumi.hed in the Vrosemlxion thereof or, in the even[ of the fhilurc of the PRINCIPAL to enter into sucb Agreement or to give s mh bond rn' bonds, and deliver to Ownd� the required ertificatcs of insurance, if the PRINCIPAL shall Vsty to the OBLtOLG tive fixed sum oF$ sx or Amount ela noted above as liquidated damages, and not as a penalty,as Vt'ovidcd in the Bidding Oocuments, than this M>.ligation shell he null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal mad Surety have esuscd these presents to be duly signed antl sealed this _d&Y Of- NovamOer � ZU 29 , C o unels A VPuinled Producing Agentf r /u^®noon Alt..nan.,e tvaurence corpordwn Pawa.eerve Techndealea. In Principal aA�6.i VVtpzl Li 'Gv,r�C'— (seal) °p.,=�°o�."�.`�'* d,' BEAT. t9B5 . „r {/\��:��S''�EAL �«„E Surety (Seaq ��C) l0/t V2023 9:93 PM P. t4 C ERTIFIEO COPY POWER OF ATTORNEY KNOW ALL MEN BV THESE PRESENTS: Thal lM1a AMERICAN ALTERNATIVE INSURANCE CORPORATION, a cprpo/ellon argsnlaetl entl existing by virtue o! lass Iaw3 01 Te $Isle o1 Delaware ('Corporellon'J wllh ofllcaa e1555 Collego Road Eed. Pdncelon, N.J. 08593. M1na matle. corollwlad and appalnletl, entl by these presents. does make, conarllub entl apPolnl: Warren M. AIWr: Oayld T. So(Ine: end JOnelhan A. Sure axleh its Vue and lawlul Albmeya-In-Fact al Princeton In Iho $Isla or Naw Je/Bay. necM1 of them alone to have Iull power ro ml wllhoul the otpar or olFers. b make, execute an tlalivar an IN behelL na BwalY or Cc -surely, borMa entl undodekln9s Olven br any and all pwposea, also to execute end tla! ron i4s beball es elareaaM renewals, exlen Iully entl Lta Ilwawma extent ae 11 slgnatl of ma Board or wreplp.a praeld company duly beta on Ina zTm IN WITNESS WHEREOF, lase AMERICAN ALTERNATIVE INSURANCE CORPORATION Faa caused iK corporals seal la be bemun(o algxed. entl Inesa praxanl8ln be alpnetl Oy ka tluly nulnoNeod ollicars Ihlc 29'^dey or 3epleml>eL 2021. J� w✓on�.. [. SEAL 'ai[� liiii9,� n �...,....uv` Ry .. e. ,:. r ,^:..... Mlr;l>6C1 G. Kemar PreaiUanl All¢sC �—..-. 19naclD Riyem Oepuly General COuna Cl & SCcrelflry STATE OF NEW JERSEY, COVNTY OF SOMERSET Tna lore0oing InaVumenl was acknowletlgntl balers me by moans of onllna nolwdxolion pNx 29'^ day o! Seplambx. 2g21, by Michael G. Kerner entl Ignwclo Rlvem. won ere personally known Ip me. �� W T " '- JII��1Pore olary P..611e ��`l ��'l _,,. x My Commiwbn ExpimO February 9. 2026 SECRETARY'S CERTIFICATE n,e amapmisl.at. IBnmk. rsroerw. bprchr eenmex: 1. -1'hn[ Ilm unJcrsigl>e[I is ticemmry nfAmn'icm, AI(emntive Inslnnn[z Curyeaalim.. w c[nPmufinn of ahc Slnlc oP Uelnwnrc: 2 "1'Iml ll¢ nri8invl lwwer u['ul(nmeY nhvhicN Ibe lixe8oio8 is n uay>Y wax duly exccul M nn behwll'uf YaiJ Cngamvlion on Ibe [InY of its [Imo. anal Ims oast sines Ixen �vokeal.[ naleaf ormndilisdannt (hc zmaleni8nr.'[I hwx carol>a� vl lhu Rne8uin8cnl>Y[hercullvilh sniA original P/+��cr ofaunmeY. aaalJmunc snmcisn lme rout cnnac( +rr dr xa�ie nrismnl rawer arnuamey aml pr ma ...bale n,mxaR _ 3. "1'ha the aneinnl .csnlu(k,n ol'wbicb Iho Ibl4nvin8 ix w copy was JUIY mlapmd vl. nasal rcmrcicA in the minulex oL n rc8ulnr memin8 ol'Ihe Buwnl of Uireclors ofsuiA ("omomlian Jn1Y halal oo Aaeusl i. I qq8. nnJ hm nm Yinee beau mvnkad, nmunaleA ar nmJilieJ- RE301. V fiU, limt arch ol'tho R\Ilowing ol'I icm's nl' (h ix l'mPar:l[ien, namely. the Presillenh rho Cxeculivc Via I'raxi[IenL lho Sunior Vice Pr<xiticnlc nd Ibc \ e pNSiaWn14. bu. auJ Ih y ImmbV a ml6orv'.c[I. from t u lime i> Ibeir' alisuavlion. l nPPni rob nyenl oY al0ellle n wlla>mcY O myxin-ITCI ws demm¢I b)- Ibem n xary nr Jcsimblc R,r abc Pugn,xc of eanying on Ibis Carpnrtnian'3 bu3meRs, nn[I b empower w¢b weeal mY nrnllnnsyx-io-Inclu unA(Ieliam'. i111bis Curyurxban"s norm nasal un its bchnll:aW .miler its xUl Or u[henvize. zarclY baan[Isr>surutrrunaloriakingx n emvp vunllnua ample by Ihis ('orPor'alion as smvly Ihercan. R F.SOL V Gp, llwl ih<siynnlurc al' any aulhonuetl nlYecr ol'Ihu CORaa[alion nnJ Ibe CofPnmaiap'.a v:wl mny he nff.xeA Iry Ibczim lle Ip any Pmaer el' .cY and n y powu' n mmmoY or ecnilicnlu nl'v-iJler 8iocn Ibr Ilrc c nidn nYmY s mIY I+nnA, x rc(Y amAcnukin8. � 'e[Y ontiucL aWz (panlum and rzenl. when a saa11>ein6 berchY ndaPleJ by Iha C'nganmlimr ass Wa ari8inal sienwrare ul'such olYieer nasal lbo ori6•inwl seal nl'lhe C'agrvrnlion, an be vas Gal nnJ hlnding upon tiro ('nryanrlinn with Iho .asters f ,cc nasal e1T'ecl nx AmwOh mnnnnllY n�xeal. Ptllt"1'l IfiR RGSOLVLU. [hart nny Pricer nlAauinunan(x BY V\e Cnqunulinn nl'biUAs nlo, in nR Icxlroeax. herotaY'alil ie[h mnllmsal anA wPP[awA. Fl)R'1"111'fli RRSOLVEC>. Ibnl abe ticeminry ar wnY ASPixmnl ticerc.nry nl Ihis Cnryonlliun iz beNbY aulhnrircJ m ucrG1Y nnJ aleliyer W wnY PeRotr lu whawn uch ccrti licvl inn and Aelivcry may lee AcenaeA necexxnrY and daximbly in Iha nlaininn ol'snuh ticuxlnry ace' Axxi_xrnn( Seocmry, a mm colxy ofahc Corc8ain8 ulut 9. '1"he uaderci8nnhhax c mPwred Iha fi+meain8 copies afsaiJ nriginwl mxolmions ass xe rcconleJ, nnA (M1cy wm IFc some nuu nnJ corxcl topics ol'sniJ ni8innl rxst.lminns ass so nemUnd and nt We whole J,crxol: a[ November a\\9uress use bond of [hv mulenieucA wnA q,e uenl nl'xniA ('ogmmlinn Ihis _ aUY of . 2q_. �.ylm@ SEAL Ab11:RICAN +V:1-RRNA"1'1\'1`: IIV SIIµANCIC CORPORA'f10N INIicIC�f!ic[ .IPII I(-UM1I-Ll!1 Ign'vcio Rivarrw ••[ D<Imy aen�ml eminacl .c 3ealxm[Y TRS-1001-1 C;A� Collier Courtly 3ollcltaUon 23-U'187 FORM 8 - INSURANCE AND BONDING RE UIREMENTS The Vcndot shall at its own expense, carry and m mtain i ance coverage from responsible c mpanies tluly authorized to do business in the State of Florida es set ForI6 in FORM 8 of this olicitation. The Vmtlor shall pro and maintain property insurance upon the entire project, if required, to [he full insurable value of the scope of workre The County end the Vendor w rve agaimsf each other and the County's separate Vendors, Contractors, Design Consultaul, Subcontractors, agents and employees of each and all o£them, all damages c red by property insurance provided hereiq a cept such rights es they may have to [he proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation fiom [Ile County's separate Vendors, Design Consultants end Subcontractors and shall require sad[ of them to include similar waivers in their convects. Collier Co[m[y shall be responsible for purchasing and anaintaining its own liability insumnce Certifcatcs is led as a result of lire award of this solicitation ntvvst identify "For any and all work performed on behalf of Collier County", or, d[e specitic solicitation number end 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 shell contain a severebility of interests provisions. The Certificate Holder shall ben mad as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Govemmcnq OR Collier Counly. The Certificates of lnsurmce us[ state the Contract Number, or Project Number, ar specific Project description, ov must read: For any and all work performed on behalf of Collier County. The amounts and types of insumnce coverage shall conform to the minimum requirements set forth in FORM 8 with the of Insurance Services Of£ca (ISO) fornts end endorsements or their cqurvalents. If Vendor has any self- insvred retentions or deductibles under any of the below listed m mum required coverage, Vendor must idrntity o the Ccrtificatc of Insurance the nature and amount of such self- i red retentions or detluctiblea and provide setisfacrory evidence of financial responsibility for sucfi obligations- Al] self -insured retentions or deductibles will be Vendor's sole responsibility. Coveragefg] shall be maintained without interruption from the date of commencement of the Work until the date of compaction and acceptance of the scope of work by the Counly or es specified in this solicitation. whichever is longer. The Vendor and/or its insurance c shall provide thirty (30) days written notice to the County of policy ncellation or non -renewal on the part of the insurance c r the Vendor. The Vendor shall also notify [he County, a alike manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, n - encwal or material change age or limits received by Vendor fi�o its insm�er and nothing contained herein shall relieve Vendor of this requirement to provide notice- In the even[ of a reduction in the aggregate limit of any policy to be provided by Vendor herenndcq Vendor shall immediately take steps to have the aggregate limit reinsteied [o the full extra[ permitted under such policy. Should at any time the Vendor not maintain the insurance coveragefgl required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(gI and charge the Vendm� for such ragefgl purchased. I£ Vrndor fails to reimburse the County for such costa within thirty (30) days after demur$ the County has the right m offset these costs from any a ant duo Vendor under this Agrecmcni or any other agree en[ between the County and Vendor- The County shall be under no obligation to purchase such in u e, nor shall it be responsible for the coveragefg) purchased ar the insurance company o mpanies used. The dec aion of the County to purchase such i lance coveragefgt shall in no way be construed to be a waiver of any of its rights under the Contract Documenis�m If the initial o any subsequently issued Certi£cate of insumnce expires pri r to the completion o£the scope of work, [he Vendor shell famish to the County renewal o replacement Certifica[e(s) of Insuranec not later than [en (10) calendar days aRer the expiration date on the cerdflcate. Failure of tfie Vendor to provide the County with such renewal certiticate(s) shall be considered justification for the County m tennina[e any and all contracts. C:A� '10/11/2023 9:93 PM a� t6 Colllar Caunly SOBG[atlon 23-Bi 8J Collier County Florida Insurance and Bonding Requirements Insurance /Bond Type Required Limits 1. ®Worker's Compensatien Statutory Limits of Florida S[amms, Chapter 440 and all Federat Government Statutory Limits and Acquirements Evidence of Workers' Compensation coverage or a Certificate of Exemption is ucd by dte State of Floritla is required. Entities mac are formed as Solc Proprietorships shall not be required [o provide a proof of exemption. Au application for ¢xcmption can be obtainetl online et httos�//aovsfldfs.com/bocexemut/ 2. ®Employei s Liability $_3,000,000_ single limit per occmrence 3. ®Commercial General Bodily Injury end Property Damage Liability (Occurrence Fonn) pahcmcd after the $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liabiliry. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations end Contractual Liability. 4. ®IndemniScation To the ma extent permiifed by Plorida law, the ContractarNcndor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and coats, including, but not limited to, nable attorneys' fees and paralegals' fees, to the extent caused by the negligenro, recktessness, o intentionally wrongful conduct of the Conh�actor/ Vendor ar anyone employed or utilized by the ContractorNendor in the performance of [his Agreement. 5. ®Automobile Liability $},000,000 Each Occurrence; Bodily I jury 8c Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ® Oth¢r mam ante as � Watercraft $ Per Occurrence noted: Q United States Longshoreman's end Harborworker's Act cave -age shall be maintained where applicable to the completion o£ the work. $ Per Occurrence � Maritime Coverage (Zones Act) shall be maintained where applicable [o the completion of the work. $ Per Occurrence O Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence iF applicable [o the completion of the Services under this Agre¢mcn[. $ Pm� Occurtence � Pollution $ P¢r Occurt¢nce 0 Professional Liability $ Per claim Sc in The aggregate ® Umbrella/Exc¢as Coverage $2,000,000 Per Occurrent¢ � Valuable Papers Insurance $ Per Occurrence � Cyber Liability $ Per Occurrence 0 Technology Errors 8c Omissions $ Per Occurrence 10/11/2023 9:43 PM cmuer county Solldtallon 23-8'I8] 7. I� Hid bond Sbell be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted wish the County Clerk, or proposal broad in a sure equal to 5 % of [hc cost proposal. All checks shall be made payable <o the Collier County Board of County Com aionere on a baNc or taus[ company located in the State of Florida and insured bya[he Federal Deposit Insurance Corporation. 8. ®Performance and Por projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Propoaera receiving award, and written for 100% of the Contract award unt the coat borne by the Proposer r mg an ward. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida end otherwise acceptable to Owner; provided, howevcq Hm s rety shell be rated as "A--" or batter as to general policy holders ratlng and Class V or higher rating as to financiat siu category and the amount required shall not exceed 5% of the reported policy laoldera' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Covnpany, Inc. of 95 Fulton Street, Ncw York, New York 10038. A ® Vendor shall ensure chat all subcontrectors comply with the same insurance requirements that he is required to eat The same Vendor shall provide County with certificates o{ insurance meeting the required insurance provisions. I O. ® Collier County must be named as "ADDITIONAL INSURED" on [he Insurance Certificate for Commeroial General Liability whtte regmred. This shall be primary and non-conaibutory with respect to any ocher insurance maintained by, or available fors[he benefit of, the Additional Insured and doe Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Numbeq or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. l� On all certificates, th¢ Certificate Holder must read: Collior County Board of Commissioners, 3295 Tamiemi Trail East, Naples, FL 341 ] 2 13. ® Thirty (30) Days Cancellation No[1ce required. l4. Collier County shall procure end maintain Builders Aisk insurance on ail constmetion pr jeers where it is deemed ecessary. Such coverage shall be endorsed to covey- the interests of Collier County as well as the Contractor. Premiums shall be billed to the project end the Contractor shall not include Builders Aisk pvamiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Aisk Managcmcnt Division. GG-825/2023 Clarification: It is understood that Builders Risk insurance costs shall be the responsibility of Collier County. Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that [he evidence of i rability may be required within rive (5) days of the a and of this solicitation. The maurance submitted must provide coverage for a minimum Of six (6) months from the date of award. LAU 10/11/2023 9:49 PM P- t] Colll¢r Oounty CO Ter C�Oua-�_ty • Yrocurcm9n( St3rvicea DMaion FORM 9-CONFLICT OF INTERRST APFIDAVn' Sallcitatlon 28-8t89 The vendor certifies Ihat, to the beat of its knowledge and belief the Past and current work o nny Collier C'ounry project afii )iota! with [his wlicitntiw, does not pose nn argunizatiunal can Rict ns describcdnby unc of the three enmgories beiwv: t3lasetl grountl soles -The firm hzu oat set the "ground ru lee-" fw� eFlilitned Vast or cu rrem G'ollicr <'ounry p rojcct idcntiflad shove (e.g., writing a pnxurcimm�t's xt atemant oP work, specifications, or per£ nning systems a,gince,ing and technical firrctirnt for the ProcuremenU which appears to skew the comprtitian in fnvur of my firm. ❑npnb'etl obJ¢¢tivfty-The firm has not perfbrmed work wt a afti listed ynst or current Cuilier County project identi Red above to evaluate Proposals /past perfonnmme>of i[se1Fw a competitrn�, which tolls loco question the contractor"s ability w render impartial advioe la the government. Cha¢gnal a s to lnfm•mntion -The firm has not had a c to noel>ublic information as pnl-t of irs Perfonnance¢of a Collier County Prgject identified above which may have provided the contracror (or an affiliate) with nn unfair competitive a<Ivmatage in cw'rcnt or Rrture solicitariuus and conD�ncts. In nddition ro this signed af7idnviq the eano�actor / vendor must pravitic the following: t. All documents pro laced us n resuh uF the work campletc-d in the Vast or ctn'rontly being a•orleed on fee the abave- menlionetl proj cct; and, 2. Indicate if the information proloceai • obtained a ,aver of ua blic � nl (in d,e" whine") or through non- public p,ot in the "sunshine") cunvm s':,lian (s), mcetitng(s ), docum�ntls)rund/m other' meaus- Faibn-c to disclose all material w� having a w-gan zatioo:d c ntl ict i r maa�c at the three categories nbove be i ai enti Rrd, nmy result in the disqualification>f r Future- solicitations anili:atcat with the nbave referent 1 Vrojeut(s). sy the signature below, she Finn (rmVloYecs, oi'ficers :n>d/or xtgenls) certiPes, and hereby discloses, drat, to the best of gxir knowledge and belief, nll relavam facts wnceming ptuL laresenq or currently Planned interest ur activity (Financial, contractual, rnganizationnl, or otherwise) which eel aces to the project identiticd about has been fdly disclosed and dues not Vase nn organizational conFlict- Powerserve Tech noio ias, Inc. C'ompnny Nnmc -- - Signabnro Leona do Velosa, President Print Name and Title state of Florida The fora ng ins)ru gsent r as nckuawlydged bafm�r r by means of dPbyaica prose) or O ' aline notarization. this _� day of- 1�JUv1'C\M1�month). 2(S'�_ss tt(Ycar). by \-'(('af\(IaVY�O �1 C.�h�=�-.__._— (names uF'person ackno.vbdging). 6 /�� - /(signature oF'N mry Public -State M'T-')oriels) <=�Srsona11Y Known � OR Praduceai [drnti ticaiion t0/1 V209-3 fl:9J PM (Prier, Type, or Stamp Commissioned Name ofNotary Public) "i oe of t ien[i ficariwt Produced [ArHfi'f'• v¢no•tcA'v>ns Yi j/,ya.�cy=r�(.�� \ Neaan/ - -state ei vlena. l?+Tr�°�j .Ny <�n.misilc, reHH :>1909 s Xn ll. 2G2! 9onGec ovBF Netlatnal Notary Assn. CAS P. 'I B tattler County SOIIcllellon 23-Bt 87 CoiCe-r L:Oi4i'l.%y I�mrummunt Sorvimn OMnhxt FORM 10—V@NUOR D@CLARATfON STAT@M@NT BOARD OF COUNTY COMM]SSIO Collier Ceunty Government Complex Naples, Florida 34] 12 Dear Commissioners: The undersigned, as Vendor declares that this response is made without wnnaction or arrangement with any other person end this proposal is n every respect fair and made in good thith, without collusion or fmutl. Tha Vendor hereby declares the instructions, purchase order terms end conditions, requirements, and specifications scope of work of this solicitation have been tblly 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 cqw sass to which the solicitation pertains. The Vendor states thwt the submitted is based upon the documents listedrbyttha above referenced Solicitation. Further, the vendor agrees that if awarded a contract for rhea¢ goods and/or aervl¢¢e, th¢ vendor will not be ¢Iigible [o compete, submit a proposal. be wwarded, or p¢rform as w aub- vendm� for any future assoclat¢d with worK that is a result of Ibis awwrded contract. IN WITNESS WHEREOP, WE have herevmto subscribed our nam¢s on this 21__ day of NPvpmber , 2023 in the County of Pahn Beech , in the State o{ Florida __ _.. Firm's Legal Name: Address: Ciry, Statq Zip Code: Florida Certificate of Authorify Docamcnt Number Federal Tex Identification Number 'CCR N or CAGB Code +`Only if Gmnt Footled Telephone: Email: Signature by: (Typed and wntten) Title: Powersarve Technologies, Inc. � 5074 Park of Commerce Blvd. #4 Jupiter, FL 33478 K9G5BCLJ3YR3/9MVC8 561-840-'144'I Leonardo Valosa President Ivaloea�powersarvatach.com, aoruga(c�powarservatach.com CAO 10/t t/2a23 9:43 PM P� l9 Colllet Courtly SollcltaUon 23-Bt e] Additional Contsct Information sena payments to: Powerserve Technologies, Inc. (required if different Company veme used as payee ftom above) contact namc: Kathryn Evans Tme: Director of Finance Aadresa: 15074 Park of Commerce Bivd. #4 City, State, zIP Jupiter, FL 33478 Telephone; 561-840-1441 Email Oftice servicing Collier County to place orders (required if different from about) contact namc: Tieo: Aaaress: City, Stato, ZIP Telephone: Email: accou ntspayableC�powerservetech-tom Powersarve Technologies, Inc. Kathryn Evans Director of Finance 15074 Park of Commerce Blvd. #4 FL 33478 561-840-1441 pu rchaseorders�powe rservetectl. co m Secondary Contact for Tony OYUga this SOlicitati011: Email: aoruga�a powerservetech.com Phone: 561-345-1526 CAS t0/i t/2023 9:43 PM p' 20 COIIIOr COunIY Pro<alramen[ SelWcas Division FORM 11- IMMIGRATION AFFiDAVI'r CERTIFICATION 9o11GtaGon 23-8199 This Affidavit is required and shrndd be signed, notarized by an nudlorizeA prineiVal of Ibe firm and submitred with formal solicimtirnr submittals. Further, Vendors are irquircd to be c rolled in the IS -Verity progrmn, and provide xeceptuble evidence oY their enrolhmm�, a[ the time of the submission of Hx- Vendor's bid. Acccpmble evidence fists of o copy of the properly completed E-Verify Cotnpany Profile pngr or a copy oFthe filly enccuted F,-Verity Memorxn ium of UndcrstandinK Y rthe com pant +which will be produced at dte time ofthe submission of the Vendor's bid m' within live l5) dory of the Coi,nty's Notice of liecenvnend Awv-d. URE TO EXEC TE l'. 16 APFID. V C •.RTI / CA O' 1 N ]' WI]'H VEND S P RO POSAI/BiD MAY UEENI THE VEN UOI2 NON -RESPONSIVE. C'olli<r Cmuny will not inrentionallY a and County conamcls ro nny Vendor w•ho knowittKly <vVioys a authorized alien workers, wrr9tinrting a vlelation of tlfc- empl0ymenl proYiaiw+ contain<d in 8 U.S.C. Section 1329 aC<) S<ciien 2 �dA(e) of [he Invnigrutiun and Nn<iounfity .4ct f"INA"). R+flier County may consider the em PloYmrnt by nnY Vendor of unauthorized aliens a elation of Section 2'J4A (e) of the INA. Such Violation by Ure recipient of da<Employm<nt Prc+visions conexined in Section 2�4A (c) of the INA shall be gran nds fm� unilat<ral tenninntion oFthe con n'act by C'ollinr Con n<y. Ven<lol—unests Ihnt Ut<y :un fully mnip limo with all ap Plicablc immigration laws (sped ticallY to the 19Ff6 ❑n migration Ac[ vrd sul+sequcnt Anronalmeutf s)) that it is oP Wool if mpliuncr with the rcqui re nests set forth ' + Fiw� da Sta�a�s :J4S.095. xnd vprees to comply +Yith ebc provi of tl c Menmr edam ol'Understandin€ avilh E-Verify and to Provid< proof of enrolint<nt in The Employmmn,Eligibility Vcri ticanwt System (E-Verify), op<rawd by Htc Dcpnrtnt<nt of Domeland Secu riry in Vartnershi V with the Social Security Adminisu�ntirnr at [hc time of wbmission of the Vender's proposallbi d. Stan- of Florida County of i�a1�1V1 �CiC-�Y\ Powerserve Technologies. Inc l'.onlpnny Namc Leonardo Velosa, President Print Name and Titb The fore nK inslnunem wa cknowledged hefotn a by means f f�Physicryl peewee or C] online notarization, this ��of day oF��GtM�'<.Y'(momh). 2()_L_'�(year), by �eS21�/J'G V f� O ��`— _(natn< of person ucknowletlging). -_--=--_�'=--r_-- - ('ignatttre of Nooary Public -State of Fl orida) _. ___--�---.�._ (Print, Typr or Stamp Commissioned Name of Notary PullicJ Pa-rsonally Kno_wni OR Prcdviced }dmrtiOcation yv f IUTHRVN YFRONIC.�£YSNS "Type of Identi Flemion Prodnoed Nmary puenc � sate o< rlodaa 1�� COmmlufen Y RHH 1aS90a l ny Comm. Explr Jun SJ. 3025 Feneae mreeFa Nsue t NOUry ws<n. C;AO t O/t l /2023 9:99 PM P� 2 t G�Oe9' �'t9tLYH Email: Barbat-a.LanceQcolliereountyfl.gov _ _ _ _� Telephone: (239)252-8998 �Prorw r¢ment Sorvicos Divlsbn Addendum # 1 Date: October 23, 2023 From: Barbara Lance, Procurement Strategist To: htterested Bidders Subject: Addendum # 1 Solicitation # 23-818'] —Public Utilities 33 Lift Station Panels Replacement Project The following clarifications are issued es an addendum: Chance• The following Iift stations have been removed from the scope/bid schedule: 101.04 — 3049'1 Gulf Shore Drive 121.02 — 5'l West Ave 3�$1-i3-]-.�n.T.=Hediaie has been replaced with 23-S1R7 Bid Sch¢dule dd¢��iseal If you require additional information, please post a question on om' Bid Sync (�_w bi5lsvnc.coml bidding platform under the solicitation for this protect. Please sign below and return a copy o{ thla Addendum with your submittal for th¢ above referenced solicitation. 12/II /YY^$ (Signature) Date Powerserva Tachnologles, lncInc. (Name of Plmt) C:nV CaiCier CouvlLy Procurement Sorvicas Division Email: Barbara.LanceQcolliemountyfl.gov Telephone: (239) 252-8998 Addendum # 2 Date: October 27, 2023 From: Barbara Lance, Procm'ement Strategist To: Interested Bidders Subject: Addendum # 2 Solicitation # 23-8187 -Public Utilities 33 Lift Station Panels Replacement Project The following clarifications are issued as an addendum: ADDITION - The below questions are hereby incorporated into the solicitation Question 3: Will spec information for th¢ owner provided LSCP panels be available_ Answer• Please s¢e the following flies uploaded to Bid Syne: 23-8187 301.06 sneca.udf 23-8187 112.00 snec.ndf 23-8187 All navel specs except 101.06 and 112.00.xlsx Question 9: Can a bid extension b¢ provided? Bonding applications and material estimates needed to finalize proposal can be difficult the week of Thenlcagiving. Answer The "Question/Answer" period has been extended from - - - -- , - '- T to: November 27. 2023. at 5:00 om. The "Bid Due Date" has been extended £rpm ^`-� _ , - _ . - - T to: Dec¢mber 4_ 2023. stet 3:00�m ESTEST. Question 13: Can you please provide a breakout for the value of the Owner supplied panels. Th¢ bond would be provided for the balance of th¢ value of the project. This ie the vela¢ that needs to be supplied to the Bonding Company for approval of the bond C�v Answer: See the below table for the cost of the panels. Note that the costs £or the panels for lift stations 101.04 and 121.02 era not included as these IjR stations have bean removed fl�om the scope of this project via Addendum # 1. ITEM ITEM DESCRIPTION COST 2a 301.02 2T Bluabill Ave $44,963.00 2b 301.03 'l i t t 2 Gulf Shores Dr $42,40J.00 2tl 101.05 93T9 Gulf Shore Or $42,905.00 2e 101.06 9602 Vanderbilt Or $134,215.00 2f 301.08 32t Connara Ava $41,965.00 2g 301.09 2T9 Egret Ava $41,965.00 2h 301.30 283 Herron Ava $41,965.OD 21 301.11 3'I T Flamingo Ava $41,965.00 2j 101.19 12945 Vanderbilt Dr $43,131.00 2k 101.25 39T Dockaltle Dr 543,131.00 21 112.00 t035 Manor Lake Or $134,215.00 2m 319.08 255 Cheshire Way $41;965.00 2n 121.00 992 E Valley Dr $64,006.00 20 121.01 25t 3rd St $42,304.00 2q 121.03 4832 Bonita Beach Rtl $42,955.00 2r 123.00 164 Barefoot Beach Blvd $42,40J.00 25 123.01 228 Barefoot Beach Blvtl $41,965.00 2t 123.02 214 Barefoot Beach Blvtl $42,861.00 2u 123.03 2t 2 Bayfron[ Or $42,304.00 2v 123.04 268 Barefoot Beach Blvtl $42,304.00 2w 123.05 213 Topanga Dr $42,304.00 2x 123.06 2T6 Barefoot Beach Blvtl $42,304.00 2y 123.OT 50T Barefoot Beach Blvtl $42,304.00 2z 123.08 5028 Bonita Beach Rtl $42,985.00 2aa 12T.00 T82 Walkerb8t Rd $42,40J.00 26b 128.00 '102 Shor¢s Ave $42,40T.00 2cc 134.OD T09 Pan Am Ava $T5,900.00 2tld 134.01 Ttt Wlgglna Bay Dr $43,605.00 Zee 303.06 2'162 Fratlarick 8f $45,368.00 2ff 308.02 205'I Pal[on Ave $42,304.00 2gg 308.08 2'I65 Estay Ave $42,304.00 TOT AL $1,560,123.00 Question 14: Will a copy of the sign in sheet from the 10/24/2023 pre bid meeting be posted on bidsyncT Answer: 23-8187 Pre -Bid Sicn-In She¢temdf has been uploaded to Bid Sync. GAO IF you require additional information, please post a question on our Bid Sync (www.bi<ls n _c�� bidding platform under the solicitation Por this project. Please sign below and return a copy of this Atldendum with your submittal for- the above ref¢renced solicitation. i 2/rt � w z3 L>atc Powerserva Tachnologlas, Inc. (Name of Firm) CAO .0�7i'�i` �.:�f3H.72Ly Telephoner (239) 252-g�99g IiarcounTyfl.gov f Procurement Soi*nraa Divialort Addendum # 3 Ua[e: October 31, 2023 From: 6arbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 Solicitation # 23-818� -Public Utilities 33 Litt Station Panels Replacement Project The following clarifications are issued as an addendum: Chances• The °(Owner's Allowance'• has changed from C-1-Cs3.AF)P to Si551/00. Line Item 3: "Wet Well Pen¢tra [ions^ - Qty changed from 4-� to Y� 63 �3-.1;18�J-F;id tieheeltda�(rKwv�nd� has been r¢placed with 23-SH87 13Sd S •h •d I � R i d 2 If you require additional information, please post a question on our Bid Sync www.Liidsvnccom) Liidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your aubmittal for the above refer'ence—d eoli^citatlo'n. t-�--__� � y ' � 12r11,2oZ3 (Si atoll;) Date Powersarva Technologies, Inc. _ (LVame of Fiun) CAO comer county SOIIGtatlon 23-8'187 �Ol_L-!CY ��H3'LL'HY� Email: Barbara.LanceQq colliercountyfl.gov ^Procurolrtenl Saivices ❑eoislon Telephone: (239) 252-8998 Addendum # 4 Date: November 30, 2023 From: Barbara Lance, Procttrelnent Strategist To: Interested Bidders Subject: Addendum # 4 Solicitation # 23-81 87 —Public Utilities 33 LifT Station Panels Replacement Project The following c1arlFcations are issued as an addendum: ADDITION 12 In response to Question 36, 23-8187 SECTION 03 30 DO Cast -in -Place Coucretandf has been uploaded to Bid Sync. i1u©soon 3a an Ovsmfl Bld Many of the pads have been damagetl. Is the Contractor responsible to replace the patl around the wall? If so, please proylde a speclftcation for the work. (Submitted: Nov 22, 2023 12:16:19 PM EST) Answer: A!/ !/gmgge</ concrete pgds tncludh+g LS-II2.00 LSCP nxd nt! nnt¢nnq s/+q[! be replgce<l. See attached Sectlox 03 30 00 Cgst-[n-Place Concrete. ADDITION 2: 2 87 Consol 1 ed ue t ons anti An ers The "Question and Answer" period has closed. All questions to date have been answered. Questions avd Answers ere hereby incorporated into She bid. CHANGE 1: Bid Due Date has boon extended from i9eea+»Jsw—t-2H33 at 3:00 pm EST to December 1L 2023 at 3:00 mn EST If you require additional information, please post a question on our Bid Sync (www.bidsvnc>�) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal Yor the above referenced solicitation. —>��. t o �.. 1 20 z 3 lRiananrral Date / OOWG9G!'VG l Hch Ka�eq �C] �+'l c __ _ (Name of Finn) O CAO t l/3er2e23 9:40 AM P� 3S7 ornaioN or c-o ar•o nn no. (.. '/ ;,f/��J�-�:org �etait by Entity Name Florida Profit Corporation POWERSERVE TECHNOLOGIES, INC. FilinH Information Document Number P95000083809 FEI/EIN Number 65-0678324 Data Filed 70/27/7995 State FL Status ACTIVE Last Event AMENDMENT Event Data Filed O5/26/2021 Event Effactiva Date NONE Psinclnal Atlaraaa 75074 Park of Commerce Blvd. Suite #4 J upper, FL 33478-6425 Changed: OS/26/2027 75074 COMMERCE BLVD Sulta #4 Jupiter, FL 33478 Changed: OS/26/2027 13egiateratl Agent Names 8 Atltlresa Velosa, Leonardo 75074 COMMERCE BLVD Sulta #4 Jupiter, FL 33478 Names Changed: 07/73/2022 I JI'111;Y.e: if � I�J.�-__'�Ji''-�'I'ICJlf 1 ..,. .,.� ,. �....r rr „�., .._.,,r. ,. Address Changed: 07/27/2020 GAO Dfxinar/Dlmcxor Detail Name 8 Address Title PRESIDENT VELOSA, LEONARDO '15074 PARK OF COMMERCE BLVD STE 4 JUPITER, FL 33476-fi425 Tltla Chairman Hernandez, Alvin C, Jr. '15074 Park Of Commerce Blvd Ste 4 Juplta r, FL 33478 Title Director of Finance Evans, Kathryn � 5074 Park of Commerce Blvd. Suite #4 Jupiter, FL 33478-6425 Annual RatZgtt@ Report Yaar Filed Data 202'I 01 /'18/202'I 2022 O'1 /t 3/2022 2023 Ot/09/2023 De�am®nt Imagga Ol/OP/20 —ANN A R PORT View Imago in PDF formal J / z _ w Vlow age in PDF f mel ,. J __ pN28/202t--Amentlman[ Vlew Imega In PDF format — Vlaw Imago In PDF format Vlew image in PDF formal ___ _. _.._._ __.__. _ _ _ _ Ot/ -- O T e..._..... 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Name (Please Type or Print) Tile Katbryn Evens Signature Date Electronically Signed OB/OB/2023 Department of Homeland S¢curity—Verification Division Name (Please Type or Print) Title USCIS Veriflcatlon Division Signature Daie Electronically Signetl 06/08/2023 Page 13 of 17 E-Verify MOU for Employers (Revision Date 06/Ol/13 CAO -VeriFy. Company ID Number: 2t683tt �� Y� Information Required for the E-Verify Program Information relating to your Company: Powersarva TacM1nologles, Inc. Company Name t 5074 Park oT Commerce Blvd. sulfa 4 Company Facility Address Jupiter, FL 33a7e Company Alt¢rnate Address County or Parfsh PALM BEACH Employer Id¢n[ification Number 55ost83za North American Industry 54t Classification Sys[ems Code Parent Company Number of Employees 20 to ag Number of Sttes Verified for t site(s) Page 14 of 1� E-Verify MOU for Employers � Revision Date O5/Ol/13 C"AO _ W-9 Request for Taxpayer Gives Form to the na�. Identification Number and Certification requester. oq nqc November zg,n n�m moot of the Trea¢un• and fo <ha IRs. el Revenue Service ► Ca [o www.(rs.gov/FormW9 for Instruationa and tF:a latest Informatbn. , Nema (e¢ eM1own on your Income tax Tatum). Name la mqulretl on tM1l¢ Iina: do no<1¢aVe 1Nl911na blank. Powerserve Teohnolo ias Inc. z ep¢Ines¢ namo/alare6a.Gae anNty name. H alNerem 4om above 9 GMck approplata box for /etleral tax deeelNcatlon of the pmaon whose name la enteretl on Iina 1 Chaak only one of iM1e 4 Exemp\Iona (codas apply only tp folloWlnO aevan boxae. cenaln anNtles. not Intllviduela: see Inatructlona on page 3): 0 IntlNltluel/sale propnalor or 0 G Corpamtlon � 3 Carparatlon Q Partner¢Mp � TNst/astele aingla-member LLC Exempt payee wtle Qt any) -a Q Llmltetl liability company. Enter the tez Genal/Icetlon (C=C carporellon. B.3 aomoratlan. P>PenneraM1lp) � ` Nate: Check [M1a appropriate box In the Iina above /w the tax alea¢Hlaallon of the single -member owner. Do not check Exemption fmm FATCA reportlnB � � LLG H IM1a LLC Is e]assHlatl as a slnBle-member LLC tM1at le tll¢regaraatl M1om [Ne owner onle¢e the owntt of the LLC la Potla (If any) notber LLC that is not dlaragartletl Irom the owner tw U.3. Iedaral teat purpos a. Otharwlae. a slnBle-member LLC that d le tllaragardad 4om the owner ehoultl check LM1e appropriate box for Nie tez deealticetlon o/ Ito owner. � Q Other (eae lns[rvcllons)� (4wver ry rwanomd..nmeu>.ure. m. uaJ 6 Atltlre¢¢ (nvmbep Mreat, antl apt, ar nulta no.) Sae Inetraotlons Requaeter8 name end atltlraee (optlonaH ,SOT4 Park of Com marts Bivd. Suite N4 a CHy. etata. antl 21P coda J u iter F L 3399a i Lis[ eaeount number(¢) bem (opNonel) Tax a ar Identification Number (TIN Enter yom TIN In the appropHate box. Tha TIN providatl must match [he name given on Iina l to avoltl I rW namoar backup withholding. For Individuals, thla Is generally your aoclal aecurhy number (SSN). However, fora as:dent alien, sole proprietor, or dlaragardad entity, sea the Instructlona fw Part 1, later. Far o[ber � _ m - entltlea. LL le your employer Idantlflca[lon number (EIN). If you do not bava a number, sea How to gat e T/N. lafar. Or Notes: If the accwant Ia In mwa than one name, eae the IneMucHona for Ilne ,. Also sea Wfiat Nema and I Employer ItlantlftaeNon numbx Number To G(va [ha Faquasfw for guidelines on whose number to enleo �� m�� 1. The number shown on thla Torm la my norreat taxpayer Itlentlflcatlon number (or 1 e waltin9 Tor a number to ba laeuatl to ma); and 2. I am not sub)ect to backup withholtling because: (a) I am exempt from backup wHM1M1oltling, w (b) I have not bean noHflad by the Intamal Ravanua Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all Interest or dlNdands, or (c) the IRS has notified ma that 1 am o longer sub)act to backup wHhholtling; antl 3. I am a U.S. citizen or oihar U.S. parson (tlaflnad below): and 4. The FATCA codas) entered on this form (If any) Intllcating Nat 1 am exempt fmm FATCA reporting Is corms[. Cartlflcatlon Inabuctlona. Ycu must cross out Item 2 above If you have bean notHlad by the IRS <M1el you are cunantly subject to backup wHFholtling because ycu Fava Telletl to report all Intorast end tllvldantls on your fax Tatum. Far reel estate transactlans, Item 2 does not apply. For mortgage Interest paid, acqulsltlon or abandonment of sacuretl property. cancellation of dabq cantrlbutlona to an Indivdual retirement arrangement (IRA). end generally, payments other than interest and dividends. you aro not requbed to sign [he certillcetlon, but you moat provide your coned TIN. Sea iha Inatmdlons for Pert II, later. Si13n Hares algnMura a us. pare � C. ��td an► DataF t/'t"O�3 y General Instructions • Fonn , o99-ON (dlvldonde, including those from stocks or mutual rpnda) Section ralarenc¢s are to the In[emal Ravanua Cotla unless otherwise .Farm 1099-MISC (varloua types oT Income, prizae, awards, or gross notetl. praaaatls) Futma davalopmante. Fw the latest Information about tlavelopmante •Form 1g9B-9 (stack or muNal funtl sales and certain other related [o Farm W-9 antl Its Insbuctlons, such as IeglelaNan anactatl transac[Iona by brokers) aT[ar they ware published, 90 to www./rs.gov/Form WH. .Form 1 g99-S (proceeds fmm real estate bansactlons) PLIrpO$@ Of FOYm � Form ,CB9-K (merchant card and third party network bansac[lons7 An Individual or entity (Form W-9 requester) who la required [o file an � FOrm ,09B (Fome mortgage Intemat), , H9H-E (s[utlent loan IntareaQ, ,g9H-T (tuition) Information return Wi[h the IRS must obtain your correct taxpayer IdeMificatlon number (TIN) which may ba your social sacurky number a Form tB99-C (canceletl tlabt) (SSN). Intllvltlual taxpayer Identification number gTIN), atloptlan • Fwm 1099-A (acqulsltlon or abandonment oT assured property) taxpayer Idantlf{catlon number (ATIN), or employer Itlantlticailon number (aEINo)u [o report on an Information mturn the amount paid to you, or other Usa Form W-9 only If you era a U.3. person (Including a resident nt roportabla on an Information return Examples of Informaton raturna Irwluda, but era not 1{mitatl to, the following. alien), to provide your cgrrect TIN. l/You do not Tatum Form W-H to fha roquaatar with a T/N, you m/gbt • Form , B99-INT ({p[arest aamad or paid) be sub/act [o backup wKh/:o/d/ng. Saes What Is baakup withholding, /etas Cl>[ 1 No. 10231 X State of FloYic�a Depayatinent of State I certify from the records o£this office that POWERSERVE TECHNOLOGIES, INC. is a corporation organized under the laws of the State of Florida, filed on October 27, 1995. The document number of this corporation is P95000083809 I further certify that said corporation has paid all fees due this office [broil e,fi December 31, 2023, that its most recent annual report/uniform business rc�xxt was filed on January 9, 2023, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution- Gtvets send¢r nsy hand and th¢ Great S¢rs[ of the Strste of FLnrtda rst TalLrshrsssee, th¢ Capita! this the S¢cond day ofAssgns[, 2023 0�.�.....n�16 a:- p� �. --- r -ab LI' t Jry - �,aanwc .SCtCi'y:tllY}1 Of tl7t[: Tracking Number: 0385092950CU To authenHca[e [his certincate,visit the following al[gen[o- this numbeq antl Neu follow fb¢ Ina[ruc[lona dlaplayeH. ht kpa://servicea.aunbiz.org/Flings/Cerinca[eOfSta[us/C¢rti HcateAvthenticaion June 5, 2023 R T.: POWERSERVE TECHNOLOGIES, INC. To Whom It May Concern This is to advise you that our office provides Bid, Perfm-rnarrce, and Payment Bonds For Powerserve Technologies, Inc- Their surety is American Alternative Insurance Corporation, which carries an A.M. Best Rating of A-F XV and listed in the Department of the Treasury's Federal Register. Based upon normal and standard underwriting criteria at the time of the request, we anticipate providing Performance and Payment Bonds for single size jobs in the $20,000,000 range and $l OO,00Q000 in the aggregate. These amounts should not be construed as a limit but rather a guide to handle their day-to-day needs. We obviously reserve. the right to review all contractual documents, bond forms, and obtain satisfactory evidence of funding prior to final commitment to issue any bonds. Powerserve Technologies, Inc. is an excellent contractor and we hold them in the utmost highest regard. Obviously, we feel extremely confident in our contractor and encourage you to offer them an opportunity io execute auy upcoming projects. "17ris letter is not an assumption of liability. It is issued only as a bonding reference requesCed by our respected client. If you should have any questions, please do not hesitate to give me a tail. Sincea , Warren M. Alter Florida Resident Agent 5979 N.W- -i 59 st StreaY v Suite 202 Miami LaKas, FL 330i 4 CAO Pl-�ono: 305-577-3803 Fax: 305-328-4838 EXHIBIT A-3• CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Joel Dollar-Cuasta Robert Konger Personnel Catacory Construction Su parintandent Project Man agar io ConatruIXlon Services AgreamenF [2023_ver2] Lpp EXHIl31T�,i9: pyl�fSi...:AXMENti' ElbNb �on5i Na. s�nzstJ0002�ae Cotitraol No. 4�1.tit67 „_ IfNt3:1At ALL MEN BY TFIF$E. PRESt:NT$: That Powereerve Technobgles, Inc. Amer can a6 .dn<ifpal, and IterriatWa nsu Wince Acrooration � , a9 �UYG4ty, louatetl a-� t—��o51e o oa ast - P. Boz 4 t.. Princefpn. NJ o8543 {Business Agdr6sa}. arp held and firm Y bound. o� o,�e: .po:Bm� �mB, c"BBM. r,",M as Ubpboe jn fhe qno gxtrmttr,ar.yua,oy ana aavorany. WFiksF2�A$;_Frinalpal hat3 @rttared intn a aontratlt dated•apdt'tha,,,_,,,,,_cSey-ot za � Wkn tSblt(ttl�a t(1r B N 290 Bi PVn 9BLhYT SON PNJe p CFM rT pROJL+OT n ""'T�p` adoordanota W fn driawinpa entl epsal(icedona Wh t)h rt5>ntrspk- fa Inanrpar�ta-tiy't'@terenc>and made +Il park nt9naof, @nd fa rofeYr@d to Herein eta lh�Corttieot, TW@G`.t?NPITION OF Tbi1S F3gNU is thatat'Prlgpjpal± PI'amptly. makes paymantto all alaimanta aa, rVeflnad Cn-S(fgtlan 256.(7k5C't)r Flanda 8tatutge, quppiyfntj PrinoiPat W[th labor, ritelertals or 6upFlles, tld✓3d._dirootly_pr incUrBotly by t'tlnoipat to ttla prosecution btth@�vv@rk provided for In the CrdrytraRE,. than ittts bond Is void; otherWise� It r'emalna Any .phang@s-In ztT UndeY the Conteaot and r:Crnnlilla)Sc@ at n477roompllance W(tn any tgrm±alitfas aonneage wFtti the 9antritot ar the ohangtla tltt not' afiopF Sureiias o)aligation uhd@r this 6dnd, Tna prq,viblOna wt tNia bond qeB sub]oct Ya the tim@ IlmltaUona of Sactien 286,C}6(2), Iq na @V®nt WIII t q�Bur�ly Ise Ilabl@ in to@agpragata tOcla3mahta for more tnanilta: panel gum @fih1A P.ayrnairt i3onJ. t:eigardt@sa of the numker ofl auitri thmt may YaattlDd by ale�lmanfa. IN WITtJES9 tNhiEREOF, fna ai7ava pe(Kias nave tax¢nuted this. instrument this gtiy @t 2b , the rtmma of @soh Fer/y-isging aHistad and tneaa pr@stints iiuly Siene'd y itTa �� s��utrg8r-gl®ited r®pr<es�entativa, purawant td eutt+aritx t+f its govyntJng bndy. The Provtaiona and Iimitatlon of section 266.06 Florida Statutes, including but not limited to the notice end time Ilmltationa In saotlona 266,06(2) and a66A6(t 0), ere inoorparated in this bond by reference. T.t PpnBV4LYbn$Blv±ape. AONferrvapY,.(2a?3w.vBR'XJ �'.��' Slgned, sealed and delivered In iha resents of: i\rl r��a, - _ � �irais�� airsri�l��i STATE OF �111Y\C�CI� COUNTY OF CA1 tY\ Y]!' Tha foragoing instrument was acknowledged before me by means of [3'physlcal presence or O o3ilina notgrizelion„ _ this �j_ tlay of Frl-u i,�iUyl,.#,t r- 20�, by take an oath. //// ��y��' My Commisalon Expires: �cp -1%G��Q,e Y4it'A� (Slgnalura o/ Notary Publfe) µ+•"' 1(ATHMN VERONICAEV.WS (/p��'.�'* Neun wnn� . u.te v3 nenae NAME: KC.i��IY� Li .J 9 f"1.S ��Cemml3tlon f HH 1tl909 My Cemm. E•pNe3 JUn 2). 30TS ��BonEeJ tNoaEB NaNpnel Notary Abn. •TnU: (Lagltlly Pflnted) (AFFIX OFFICIAL SEAL) SEAL, i j Notary Publiq State of r(��- tsas ./ Commisalon No.: HFI 1 ATTEST: qs per attached power of attorney SURETY: American Alternative Insurance Corporation (Printed Nama) • � •c�.c (Authodzatl Signature) Witnesses to Surety (Printed Nama) cen3ttictwn services A,a3••mem_ Izoa>_vr 1 CAC] I �_ '/f �� itnesaea Oft �J As Atternay in Fact (Attach Power of Attorney) Warren M. Alter, Attorney -in -Fact (Printed Name) g�a��NE WSU Pf n rat n N I nR.r.4'i SEAL :' ,ate ..: �ebl6i+.?`h„w°��'' (Business Atldrasa) �� 60g-243-4200 (Telaphena Number) STATE OF Florida COUNTY OF Miami -Dada The foregoing instrument was acknowletlged before eta by means of � physical presence or O enlins notarization, this 2t st day of Falb uarv� 20 �4 by Warren M_ Alter Bs atto rrleY-I�-Ct behalf of the corporation. Ha/atra la personally known to me OR has pn personally known as kientiflr:ation and tlitl (d take an oath. y/—j � My Commission Expires: 'X �GTLt 9Z i � da'hL� wn wavrrz (Signature Of Notary Pii It noir�snw�c Dawn Aos eTnta of r�owow Nama: pitz ur cnurusar�ovu eimr� (Legibly PAntad) (AFFIX OFFICIAL SEAL) Notary Public, Stafa oE: Florida Commission Nc.: HHt88689 corruruawn services asreemanc ROi3_aer� CAv EXHIBIT B 2 PUBLt(�.`.'pLRFC1RMANGE BOND Bond No 57A2S000OD4fl KIJf7tN ALL MEN BY THESE pRE+$ENT&: That Pow_,,,_,_ e,_y,,,_rearve Technologlee, Inc. as pYlnClpel, And Ei¢Lrttl @(nsurar(m.(:oroorat:on . � ,, as. �ura��l�� ideated At fl�mlY------->aoEitid� fo sia ' f1b1151ee in tnd sum of 1MiEREgS, PAnclpal h@a gnteract lntc a ggnlr Ct. 'dat@d ag of the day of THE Rf31VplTtON Of"1'Hl9 tiGNR IsfM1@t 1f i'rinCipel: 1. PdrfoM}a kha Glontract aai'tha ilwtga•.and to thF+ m@nnar' praecngetl In the Contract; end ,3. PAYe Cbiigga any antlaN tagaea, tlamagg0 costa and etSarneys' f@ea that cltatl8easuatpirre baoatiao df any defau)[ by prinotpal undev the C�aif#ract, incluiElne, but nbf 11»rlta'd. td-, ail delay tldmag®s-, wheltsarttqultlati9.tl or actual, Incurred by Obt:gao; And The �4.reiy, for Ynlya racafvgd, hareby.aflpulata9 @nG a$reeathe# no ohanggg, gxtenaione trfttMg, altar@tiai7,a 4r addfUcina to the tdrma of the Confrdcl or• ether Work tb. bg perform@d hereunder, or the gpacitlbatione referred tp therein shelf In anywise affect Its gbfigaligns under ihla bond, and It tfctea hah(uby WaNa rlbtica of driy such rhlangeay exteirta#ona of ttmo, @ttargttana qr Etdditiprie EC/ the #e.Yma.,caf-the C�gntraol ct tq Wofk ar to iho. upeoi$4et�grlg, Thies instrument ghatl ba gonatr ed G1. all foaped#a a8 6 common law bond: IC Ia axpr®salt' ilittlbrattl Od fhat �#Pfe ttma p1'aYl8�bne and 6tatufa .df tlmltaiiorta -antler 9gatliirt zf9t5:08, Plof]sld BiatUtas,. shall. net gtpp)YYo-thlpbgnd: In,ngg �Y.artf WIII jhsr $ur@Ey .b@ t(ablp Ih fhg �,QreBat� #@ Cjbllge6 imY rYlgr6��n th@_ p®rk@t..p4A..t Qt:. . "this P0E'lYinYt�nd&:'Bo`rtU re9at;dlssd tTf#fid:.nifmfierFif ultg th8lE msY b6 ;IloU by 55bdgge IN VIIITNE9B WHEIZEOE. the gbpva partio's, h@ve ;axgauted thls Ingtrumonf ih49. ,,___ day of 20 � the n@nlg df aeq)r party t3aing affixad�.gntl Eheae presvtlt4 duly iai�ffbd- y-i4 b is �Wndaraigndd rmpraa6ntaElva, qurau@nt to @LHhorttyof ifs goVarnfnU biady. Cnnahao:ton gnrvlcoc gg.00menf: [ab2 t4 ��?�' �vpr.¢t Slgnad, aealatl end deliverer] in the preserrca oC PRINCIPAL Powara rve Tee [nolag(es, Inc. BY' \�_ Vlfit�aasas ea to Principal �•}�p�-�A ` ITS: rrsl P STATE OF � O ' Q COUNTY OF O. ('rr' i� Tha foregoing inalrument wee acknowladgc4 before ma by means of urphyaical presence or O online notarization, this �7. \ tlay of Gr \-Tvt x Gt Yt� 20 'J �) , by l_ewJ�narGu ale\tom as ces�•' v�� [axe an oam. My Commission Expires; -�±y� IUTNftYM VENOx1G EVaNS o ry Wtllc - Stets e( FIOrICe x Commission Y HM fe500a My COTm. Ezptrea Jun 3 ], 2034 Bm[ItE tbouyF Na[lanal NOUry Rnn. (AFFIX OFFICIAL SEAL) !� =" fiIT AT_ id (did not) c�`Cct_XJ V,1�r!r'pl� e.L`d��l (9ignatura of }`�-otery Public) Names: �C'hl �Vr�ln �iVU✓ZS (Legibly Printed) Notary PubOc, Sete of: - � CCU Commission No.: +-i I-1 1 ) conm.ucson samueJta.as.,enc [zozs_„a: zj CAO ATTEST: VYitnassea as to Surety / �/' �_ -L i e9aa9 ��PEIMB� 4�'a� �EP PUNq -,EF�1 �.,SEAL:� z 1823 q .... fig. Fd STATE OF Florida COUNTY OF _Miami-Oatle SURETY: Amancan Alternative Insurance Corporation (Printed Name) 1 Princeton. NJ 08543 (Business Atldrasa) (Authorized Signature) (Pdntad a @)��JJ�� As Attorney In Fact (Attach Power of Attorney) Warren M. AI[ar, Attorney -In -Fact (Printed Name) _ � Princeton, NJ 06543 (Business Adtlreaa) 609-2434200 (Telephone Number) The foregoing Instrutnanl was acknowledged before me by means of ®physical presence or o ontlna nolarization, thl9 21s1 day of February p024 b Y Warren M. Alter as a�� omey- n- act of American Alternative Insurance Cornorallon , a �etawara eorporatlon, on behalf of the eorporatlon. Ha/she la personally known tD me OR hag produced Dareanally known as Itlentlfice[Ion and did {tlitl not) take an oath. //��) ��-. My Commission Expires: �iir>l !-'L/_6�/�( (Signature of Notary P�) Dawn Auspilz (Legibly Printatl) (AFFIX OFFICIAL SEAL) D1tWN AV9PIR NOTAgY PUBLIC aTATE OF FLOMDA NO. HH1Oaaap NV GOMMIBBIDN p(ggEa NOV. r6 Notary Public, Stara of: Florida Commission No.' HHtBa669 19 combeabn semcea Aernament: Izoz3_wczl CAO CERTIFIED COPY POWER OF ATTORNEY KNOW ALL MF.N BY THERE PREHENT8: Ybel Me AMERICAN ALTERNATIVE IN3V RANCfi CORPORAYICIN, a corpvmlla4 arganl%otl natl axi64np by ulnae Of Ina Iowa of lba 8bia d Oelewnre (Cmporellon`> wllh oglcoa nI G66 Collogn Rana Enop Prinoolan. N.J. 68G<3. nee metlo, wnallluletl enJ xppWnlan, enp OytM1Oae praaenly. aoeB make, conaUlWo nnanppolnf. Warren M. Alwn DnVla T. HellnoJ nntl Jnnnlnen A. RaraoVlnM1 It e14^eJ meeting o11he 8anra of Dlreobn oIBnM Company tluly M1B(a an iha 89111 nny of argme. l aaG. v vvpy O! wnbn nppexra Uelvw. IN WITNESS WHEREOF. Inn AMERICAN ALTERNATIV 6 MSUflANGE CORpORAT10N Nee poUeed Iln CorpOIBM BBVI (a be rye(vunl0 »Iil%a d, enJ IM1ana prveanl6ly ba BlpUetl by Ib auly n WIwJmJ aSlcare Ihln Ob^^any o[$vgnfmbBL 2b21. H.VSlgll a1� nnrg i �]Y• �rla.h(�..w. . SGA,L Miohg b o.. Kerner Plg. M €��§�M;tab� APper: Ignn FR Rlv�ta DepSdY CJd yal Chtgmel&8gdre18ry BTATE OF N V W JERBEY, CO VNTY OF SOM6RB6T Tna fOmpoing Inabumenlwea oaknowleJBnJ bemin mn Ny mvena of online noMJiellvn IM1Is 2J'" Jvy v( Svplemnvt 4031. Ny M4hea1 O. Knmer ens IBvedo RlVaro. wM10 xra Personally xnvwn w mv. SECRE'1'ARY'3 CERTIFICATE -rho nraamlgnaa. rgnaaia rgro«n, hereby a Wllnw: oramaN«�n Aiwmna�o b.anrnnw JPiFna nn�p bt41y PUWa� MkYiuGemmYNen ExyplM+Feblitnry'R, 16ig has mt stnoo been nneia a mtn nna cprroet al in rite minutes nP nmgaann mea[in8 ofnro Rovrd of nmonJeJ or mndigaJ. RPSOL VB�, fhol onch oFtna Ralloving oMooru oP Iblx Cvmmmion, namoly, dry Prwtdon4 rho i3vacntivo Viea Proaldona, lh¢ Senior Vlon ProaldenV. nd tba Vien prsa W Dora, bn, and thoy horoby n vulheRaW, fYom time to timo In f3lcir aieorolfory In wppoinl anah ogant or ngonls or otlomey o egorneyx-in-Ipct xe davm¢d by tMm ncacsaory ar doaimblo Par iha purpuaa ufennyfng on this Cotpwntipn •a bauixcaq mW w ompower suob ngena r agmab or aflamgy of nMmeyn-in-Act w exmum sod deliv«,1n fhie Corpormlon a name and on iia bohnli, non nndcr ha uxl or oNerwixo, surety bonds euruy uodormkinga orauwty eontmna mnae by tbla CorparnRon na aumty iborcon. RRSOLVRO. that the aignntma uFeny nalhwizod uliie« of Iha Coryorutiun end the Corparntfwda 5cul mny be uBSXed by fhoaimila la ue5y Ruunr oP ontoy vnd rovocndon oPeny power of niiornoy or emllflento of altlms given Wr tM ezecutian aFvny xurtty bomt, aunty nmlonnking, w suwly eat. xugt &1&robna xnd aonl. when ao nowt boing Imrcby vdnPwJ Iry tba Corpomgan ns tM uriglonl aigmllnm oPsuW oMeor and tba «iginal »eN oPtlw Carpnrotlan. to bo voila end bindlpg upav Iha Lbrpwatlon with tiro emno (Dxe and egbat na gwugh manually o(RXotl. PIIR]'[i813 R850LV80, tbwt unY prior al>Pofnbnanla by [ha CaNaamlion oFMOgv arq in all msPodf. hombY rafilic<I, crosRnned vnd nppravon. pIIRTli1lR RESOI. VdU.lnxe Iha 9ocrolary Dram AciaMnt Seardary oPdfu Comom[iou (a Iwmbv nutbonaA io ewd1Y end Jollvoa [o env oorflan to whoa Iha fbrogNng capiae ofsnld ariginnl rosolutlom av no meorawi, matl tfity nro the soma naua pod cormat ooPlos nFsnld ed mIa beuw wMlo nawbr. whawxa ma Nmaa ned,axnanwig:mu ann n.a aon+aeanla eorparonnn adx_any aP -aa_ ago(..,, qy{ �� 3:. $IPAT % ..�!I��.a^�� AMERICAN AL'CRI3NATSV[: tNSURANCC CORYDRA'l'IOIV t Ignveiu R(va O¢imty Cienefnl Cvunael R Sccrc+vry TRs-ano'1- ALTER SURETY GROUP, INC. Dona Dopartmont- Parbllc Worhs Bond In compllan¢¢ with L'lorldn Staturo Cicept¢r 255.05, the paovlslmra and lhni[etlons of xectlon 253.05 Nloa•Ida StaUttos, Inebiding bnt not lituitod to, the nodes and [Ime Ibnitatimrs hr Sections 255.a5(2) and 255.OS(IU) nro inem•poe•ate<i hr thts boenl by rof¢a•mrn¢. IIond Numbest•: s�AzsuaoozT4a Contraotor Powarserva Techncb9les. Ino. Addl'oas BL 16074 Pflrk of C¢mmema Bivtl., #4 Jupl[ar, FL 334�6 Phone No.: set-eao-ta4t Surety Amaricen AI[arneliva Ineurenos corporation Addl'e96 a4c GGG Co11eBs RoaU Feat - P.O. Hox 624t Princ¢tpn. NJ 08643 Phone No.: hoe-24a-4zoo Owner NatraO: CClllar county Boars of County Commleslonara AddY099 8G 32flfl Tamlaml hall Eaat Naples. FL 34tt2 PI10110 NO.: 239_252-8999 Conttacting Public Entity (t£dif£erwlt From tlto owner) Addie9s 8c Phone No.: Contr'aet/PiojacC Number: sla No. 2a-ats9 Pl'OjeCt NalnO: PUBLIC UTILITIES 93 LIFT STATION PANF_LS REPLACEMENT PROJECT PCOjPAt L.00atlOn: Collier County, FL Legal Daa9oription And Sh00[ Add1PSS: Collier county. FL DeaCl'iption OFIlnprOV0m0nt: pUSLIC UTILITIES 33 LIFT STATION PANELS REPLACEMENT This bond Is givma ro cot ply wiUa cectlon 265.05 plodda Stalutae surd mty acaan ineamtad by n olabnnnt under thfe bond £or n payment moat by in xccotdanco with the notice and thna Ifmimtion p+aviabna In 3aotton 255.05(2) wad (]O). Plorltln atnmtav, Anp provlslma of this bpad wt� p JLfl14t.wItL .w.purp¢na [o. grnnGbwader. or. avers azpondod coverage In nxuess of iha mSnimurn reyNranrenta of the uppliexble stators ehn(t bo tleomsU Uo(atad hemimm. l'bia bona) is a aMurtnry bonA, nor a co+mnon law bontl. '['Iris Is thef)roniprsge of the bond. Ali othor page<s) na•e aloemod gubaequmrt to tbl9 peg¢ rcga adtcas of nny page naunbm'(s) that nmy be pro-printeal thereon. February 2I, 2024 Collier County Board of County Commissioners 3299 Tamiami Trail Eas[ Naples, FL 347 12 RE: Powerservc Technoiogics� Inc. Project: Bid No. 23-8187 PUBLIC UTILIT[ES 33 LIFT STATION PANELS REPLACEMENT PROJECT Bond No. S7A2SU0002748 'I'o Whom It Mxy Concern: We have executed [he enclosed bonds on behalf of [he above captioned contractor in favor of the Collier County Board of County Commissioners. Please Hole that we have not dated [he bonds or the Power of Attorney. The copy of the contract we received was nol dated and as the bonds follow the contract [hey should not 6e dated prior to the contract. Please accept this letter as authoriuttion to date the enclosed Performance bond(s), Payment bond(s), and the attached Power of Attorney For the captioned project. Please date these items concurrently with the contract date and less a copy to our office al 305-328-4838 or email Please do not hesitttte to contact our offce should you have any questions in this regard. Thank you. YOUi tRlly, Americ - Alternative Insurance Corporation �� Warren M. Alter, Attontey-in-Fact 5979 N.W. YSY st Straet � Suites 202 � Miaml Lakes, FL 33024 Phones: 305-527-3803 � Fax: 305-328-4838 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expanse, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as sat 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. Tha 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 raq uire 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. Tha General Liability Policy provided by Contractor to meat 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. Tha Certificate Holder shall ba named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. Tha Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work pertormed 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 dad uctiblas 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 ba Contractor's sole rasponsi bility. Coverages) shall ba maintained without interruption from the data 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, whichavar 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. Tha 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 ko 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 extant permitted under such policy. Should at any time the Contractor not maintain the insurance coverag a(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages) and charge the Contractor for such coverages) 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 duo n Construction Services Agreement [2023 L;A Contractor under this Agreement or any other ag raement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it ba responsible for the coverages) pu rchasad or the insurance company or companies used. The decision of the County to pu rchasa such insurance coveraga(s) shall in no way be construed to ba a waiver of any of its rights under the Contract Documents. If the initial or any su bsaquently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Cartificate(s) of Insurance not later than tan (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificates) shall ba considered justification for the County to terminate any and all contracts. to Conatmdlon Services Agteamant [2023_v�2�t� EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Bafora ma. the undersigned authority, personally appeared being duly sworn, deposes and says: after (t) In accordance with the Contract Documents and in conaitleratlon of $ to ba received, ("ContraMor") releases and waives for Itself and it's subconiraMors. material - man, successors antl assigns, all claims demands, damages, costs and expanses, 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 la conditioned upon payment of the consideration described above. It Is not affective until said payment is received in paid funtls. (2) Contractor certiflea for Itself antl its subeon[raeiors, material -men, successors and assigns, [hat all charges for labor, materials. supplies, lands, licenses and other expenses for which Owner might ba sued or for which a lien or a demand against any payment bond might be filatl, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) ContraMor agrees to intlamnify, tlefend antl save harmless Owner from all demands or suits, actions, claims of liens or other charges Fled 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 ITS: GATE: Witness STATE OF COUNTY OF President [Corporate Seal] The foregoing instrument was acknowlatlgad before me by means of O physical presents or O online notarisation, this day of 20 by as of a corporation, on behalf of the wrpora[ion. He/she is personally known to ma OR has produced as iden[iflcetion and ditl (ditl not) fake an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printetl) (AFFIX OFFICIAL SEAL] Notary Public, States of Commissioner No.: to Construction Services Agreement [2023_va4�� ExHlBlr D FORM OF CONTRACT APPLICATION FOR PAYMENT Co//tar Count Board of Count Commissioners the OWNER or Cdliar Coun! Water-Satvar Owner's Project Mena er's Name: Bid No. Pro'eet No. Count 's Division Names Purchase Order No. Submitted by Contractor Re resentative: Name Application Date: Contractor's Name & Adtlress: Payment Application No. Ori final Contract Times: Orl foal Contract Prices: $ Revised Contract Times: Total Chan a Orders to Data: Revisetl Contract Amount: $ Total Value of Work Completed 8 Stored to Date: $ Retainage @5% through Insert Data $ Retainage @ 5% through [Insert data $ Retainage @ % after Insert tlate $ Less Retainaga $ Total Earned Lass Rataina e Less revious a ment s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Com letetl to Date: Liquidated Damages to Be Accrued $ Ramainin9 Contract Balance $ ATTACH SCHEDULE OF VALVES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The untlersignetl CONTRACTOR certifies that: (1) all previous progress payments recaivatl Trom OWNER on account of Work tlone under [he Contract raferratl to above have boon applied [o tlischarge in full all obligations of CONTRACTOR Incurratl in connection with Work wvaretl by prior Applications for Payment numberatl '1 through inclusive; (2) title to all materials antl equipment orporatetl in saltl Work or otharvvisa listatl in or covaretl by this Application far Payment will pass to OWNER at time of payment free and clear of all Ilens, claims, s curity interests antl encumbrances (except such as covered by Bontl acceptable to OWNER); (3) all amounts have bean paitl for work which previous payments ware issued antl recalvetl from the OWNER antl that current payment is now due; antl (4) CONTRACTOR has only inclutled amounts in this Applicatlan for Payment properly due antl o ing antl CONTRACTOR has not inclutlad within the above referencatl amount any claims for uneuthorizetl or chan9ad Work that has no[ been properly approvatl by Owner in wdbng and In advance of such Work. ontreclor's Neme ontractors signature: Cates: ypa Titles: Sha// be signed by en euthartzaH re resantaNve of the Contrector. Pa mant to the CONTRACTOR for the above AMOUNT CUE THIS APPLICATION is recommendatl b Cosign Professional's Names: igneture: Data: Pa ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION le raeommantletl b wnars Project Manager Name' Ignature: Cates: zo Conalructlon Services AgraamanC [2023_vac2] c:n<, P mlae! Neme: .�,.e Name... ®®® ®__®_®_®_®® "®e' -_�. I � � �______ a Eeplanatlon fart6e two mlumnz antler Prcvlous Appllca[Ipns: Tre iMu Oate 6 wM1me you will place ell Infonnatlon until the wooed Ia complete unless a rtleaxe or mJuctlon of telnege Issue wmes Into play. IL this happens, ell lnlormatlan vp m the tleta of tM1e % [flange In mtalnaea Ix placetl In tM1e Thru Date column. Infoxmatlon ailer ttvt Uate Ia placetl In ahe Slna Wte column. This states what has happenetl since the d:anee In mfalnage. 21 Cone[rucUon Services Hg reement [2D23_varj' �� Exhibit � (Continued) Sto r¢d Mat¢rials Record Formula: A+ g_ C- D= E a r n E Date Dascri tion Su Ilar Invoice Number Previously Recaivetl Received This Period Previously Installed Installed This Period Balance To Install �z Construction Services Agreement [2023_var.2] EXHIBIT E: CHANGE ORDER COLLICY COMnty prCbvnga Ortla• Fmm � Caabact MOdlgeago O Hfark Ortlar ModlflCitlOn Gontraet #: � Cninga #:� Purcbasa Ortlar#: Prolact #: Coabietor/FVm Nami: ContmeLPro)aet P m)eet Manager Neme: glvlelon Name: .�.. a... ... .. ..� .. Cuvant BCC Approwtl Amount LBat BGC Appmwl Oat a: Agantla Item # Current Contract/WorK Ortlar Amount 3AP Contract Expiration Oata (Mvabr) Dollar Amount of tFl¢ Cbanga #OIV/OI Tctel Chenga from Odglnal Amount Raelaad Gontraet/WorK Order Total $ 0.00 #OIV/OI Cbanga from Curlant BCC Approwtl Amy Notlu l0 Proeaetl � ComlPlagon Dab � Date APPrawd � I flpdoe etl Dacnange) Dab 1J # oT Daya Ntltlatl � Saleat Taaha Q Ptltl new taak(B) 0 Dalata fask(a) O Cbange bsk(a) � Otber ovltle a ryaponaa to the bllowing: t) tletalletl ipd apaclfle axplanatlon/rationale o1 tba requastatl CnengB(w) to ma taak(a) antl / of etltlltlonal tlaye atltletl (1/ requasbd)p A) why this cM1a_nga wa6 not Inelutlad In me odglnal contract' and. 3.) tleaetlba the Impact P reparetl by: (Project Manager Nama and Olvlsbn) Acceptance or Nla Change Order shall conahtula a motllfcatlon to eenhaU / woIX ortlar ItlMllllatl abpoa and will ba eubjael b all lha eBTO antl eontlNlone ee eentalnad In the contract /work order Intllealad vbove. ae Iully e6 If the enure ware atatetl In dtl¢ aecapfanca. The ad�uslm¢Ot. If any. to the Contract shall constitute a full ana final a¢HI¢mant of any aM all clalma of the COnbactor / Vantlw /Consultant / oaBlgc Profassbnel arising oul olw relalatl lc the change set lonh h¢raln. Inclutling clalma [o14mpHC1 antl tlelay coals. Aeeeptetl by: D¢le: (ConbactoN VantloN ConauN¢M / 06elpn Pmf¢aalanal antl Name o/ Flfm, If projaol eppll[aGle) AocBptBtl by: uara. (DBBIgn Pro(eeelonel antl Nama of Flfm. Ir pIOjBCI appllcada) Approvetl by: Data: (Dlmalon oo-aamr or Designee) Approvetl by: OHta: m..n,xtmn.2nl(b,.,a„nawnam..agnheaatl:he,.al„gnala,.a,,.,hw:aaewaaa,.at<.,.a,.r. �.� IL..P'..�I 23 ConstmcUon Sarvicos AgreamanC [2023_var.2] Can Chance Order/Amandm®nt Summary COY! AMU# UascN otlon CO3T TIME Justiflcatlon Additive Uaductiva oalL New Rcvisewl: Ol/PIl2pLl (IXvisawu vTa maY iwluim :vtltlifiunal uynafivax maY i� Autln on :ag+��ata ahrxl.) nmta^ urte nVc U 24 Canabudlon Services Agreement [2023_vec2] CAn OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To And To Substantial Com ple[ion is the state In the progress of the Work when the Work (or designated portion) Ia sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for Its Intantlad use. The Work to which this Certificate applies has been inspected by authorized repres¢ntatives 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 (tams in the tentative list shall ba 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 ba as follows: RESPONSIBILITIES: 2s Construction Services AgreamanC [2023_var.2] f AO OWNER: 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 Documenta. Executed by Design Professional on Design Professional By: Types Names and Titles 20 CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR BY: Type Name and Title OWNER accepts this Certiica[a of Substantial Completion on OWNER BY: Type Name and Titles 20 26 Construction Sarvlcas Agreement [2023_ver,2] /fit) EXHIBIT G: FINAL PAYMENT CHECKLIST BId No.: Project No.: PO No.: Date: Contractor: Tha 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: Commanc¢ment Date: Substantial Completion Time as s¢t forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Tim¢ as set forth in She Agreement: Calendar Days. Actual Final Completion Data: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective tlata 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 antl dated: 6. Owner personnel trained on system and eq uipmant 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 receiv¢tl from Contractor on: � O. Consent of Surety received on � �. 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 th¢ above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: BY Design Professional: By Owner: Company Name) (Signature) (Typed Name R. Titl¢) (Firm Name) (Signature) (Typed Nama 8. Title) (Department Name) (Signature) (Name 8 Title) zv corso-�onon services ngrearr,er,c: Rozo_v cal a C,A� EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 1.1 It Is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to ba constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being req uirad to produce the intended result shall be supplied whether or not specifically called for. When words which have a wall -known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accords nca with that meaning. Reference to standard specifications, manuals or codas of any technical society, organization or association or to the laws or regulations of any govarnmantal 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 affect at the lima The Work is partormed, except as may ba otherwise specifically stated herein. 1.2 If before or during the partormance of the Work Contractor discovers a conflict, error or d iscrapa ncy 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 soma 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 extant of Work and era 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 avant 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 req uiramant 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 su rtace conditions; nature and quantity of the surface materials to be ancountaratl; subsurtaca conditions; aq uipmant and facilities needed preliminary to and during pertormanca of the Work; and all other costs associated with such partormanca. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its rasponsibil hies to partorm under the Contract Documents, nor shall it ba considered the basis for any claim for additional lima or compensation. za Construction Services Agreement [z023_�/ar.2] f ' ^t7 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 rafarred 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 coordin eta its Work around any such relocatlon or temporary service interruption. Contractor shall ba responsible for properly shoring, supporting and protecting all Uti lilies at all limas 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 ba coortlina[ad 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 era encountered at the Project site which era (i) subsurtace or otherwise concealed physical conditions which differ malaria lly 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 recog nizad as inherent in construction activities of the character provided for in the Contract Documents, and which reasons bly should not have bean discavarad by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, than Contractor shall provide Owner w'�th prompt written notice thereof before conditions are disturbed and in no avant 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 raquiretl for, partormanca of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for partormanca, 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 farms 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 daterm ination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of partormanca, the dispute rasol ution procatlure sat forth in the Contract Documents shall ba complied with by the parties. 3. SCHEDULE. 3.'I The Contractor, within tan ('10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Mana9ar, for their review and approval, a progress Schad ule for the Project (herein "Progress Schedule"). Tha Progress Schad ule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for axpaditious and practicable execution of the Work within the Contract Time. The Progreso Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schad ule 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 end approval of the submitted Progress Schad ula updates shall ba a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall ba performed in accordance with the req uiraments of all Collier County Noise Ordinances then in affect. Unless otherwise specified, work will generally be za Construction Services Agraemant 12023_var.2] L ALJ limited to the hours of 7 a.m. to 7 p. m., Monday through Saturday. No work shall ba pertormatl 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 schatl ula of values based upon the Contract Prices, listlng 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 ba 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 �. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors antl materialmen submitted with its Bid showing the work and materials involved antl 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 su bsaquantly identified Subcontractors are subject to Owner's prior written approval. Tha first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Data. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any raq uirad Payment and Partormance Bonds prior fo the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paitl 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 raq uirad 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 antl storage have bean 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 eq uipmant free and clear of all liens, charges, security interests and encumbrances, together with avitlence that the materials and equipment are covered by appropriate property insu rants antl other arrangements to protect Owner's interest therein, all of which shall ba subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete antl submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and matle a part hereof as Exhibit O. 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 �asign Professional). After the data of each Application for Payment is stamped as received and within the timaframes sat forth in Section 218.735 F.S., the Project Manager, or Oasign Professional, shall either: ('I) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the raq wasted 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 2'18.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Oepartmant respectively. 4.5 In the avant 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 Conetructlon Services Agreemont [2023_ver.2] (; /1�i 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 retainaga on the gross amount of each monthly progress payment in the amount of five percent (5'/0), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retaina9e at a rate lass than five percent (S h) of each monthly progress payment as othervvise allowable under Sactlon 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 ratainaga 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 accepts nce 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 than due and payable by Owner with respect to the currant Application for Payment. Further, to the extant 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. Tha Owner shall not ba req uirad to make payment until and unless these affidavits era furnished by Contractor. 4.9 Contractor agrees and understands that funding li mitatlons 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 ba updated as necessary and approved by Owner Yo 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 sat forth in the approved Project Funding Schad ula. 4.10 Notwithstanding anything in the Contract Oocumants to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work partormed under this Agreement, Contractor shall continua 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 era 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 (B) 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 "lachas" 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 su rchargas (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 3t Construcllon Services Agreement [2g23_vBc2] CAO 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 su bsequant 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 ag reament between Owner and Contractor, to such extant 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; (cj 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 ba 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. era not remedied or removed, Owner may, after three [3) days written notice, rectify the same at Contractor's ax pensa. Provided however, in the avant 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 liquid sled or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other ag reament 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 satisFetl nor made arrangement to satisfy these debts, the County reserves the right to off -sat the amount owed to the County by applying the amount owed to the vendor or contractor for services pertormed 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, Ii mited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, d irectiy or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the atl ministrativa procedures established by the County's Procurement Services Division and the Clark of Court's Financs Department after the Work is finally inspected and accepted by Project Manager as sat 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 wall 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 Represantativa 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 ConstruIXlon Services AgreemenC [2023_var.2] CAD those previously made in writing in accordance with the requirements of the Contract �ocumants and identiT"ied 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 Oasign Professional or Project Manager at the time of final inspection. SUBMITTALS ANO SUBSTITUTIONS. 7.'I Contractor shall carefully examine the Contract Documents for all req uiraments for approval of materials to ba submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expanse and in such form as raq uiretl by the Contract Oocu ments 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 �ocumants by using the Hama of a proprietary item or the name of a particular supplier, the naming of the item is intended Yo establish the type, function and quality required. Unless the Hama is followed by wards 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 malarial or equipment proposed is equivalent or equal to that named. Raq uasts for review of substitute items of malarial and aq uipmant will not be accepted by Owner from anyone other than Contractor and all such requests must ba submitted by Contractor to Project Manager within thirty (30) caland ar 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 dasi9 n, ba similar end of equal substance to that specified and tie 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 �ocumants (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 su bjact to payment of any license fee or royalty. All variations of the proposed substitute from that specified will ba identified in the application and available maintenance, repair and replacement service shall ba Indicated. Tha application also shall contain an itemized estimate of all costs that will result directly or indirectly from accepts nca 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 expanse additional data about the proposed su bstituta. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Oocumants, 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 aq uivalant to that indicated or required by the Contract Uocumants. The procedures for submission to and review by the Project Manager shall ba the same as those provided herein for substitute materials and equipment. 33 Cona<mdlon Servlcea AgreamenU [2023_vac2] CAS 7.5 Tha Project Manager shall ba allowed a reasonable lima within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will ba 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. Tha Owner may require Contractor to furnish at Contractor's expense a special partormanca guarantee or other surety with respect to any substitute. The Project Manager will record lima req uiratl by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changers in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed su bstituta, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILV 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 weakly basis a daily log of the Contractor's work for the preceding weak in a Format approved by the Project Manager. Tha 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 praci pitation 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 lima aq uipmant was used (specifically indicating any down lima); 8.1 .6 Description of Work being pertormetl at the Project site; 8.1.7 Any unusual or spacial 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 lima of partormanca. The daily log shall not constitute nor take the place of any notice required to ba 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 Ortlars, Work Directive Changes and Field Orders, as wall as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Cons[ruclion Services Agreement 12g23_var.2] (,(�l7 mad¢ during construction. The annotated drawings shall be continuously updated by the Contractor throng Hoot the prosecution of the Work to accurately reFlect all field changes that era made to adapt the Work to field conditions, changes resulting from Chang¢ Orders, Work Diracfive 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 lass than two (2) permanent features (e.g. interior or ¢xterior wall faces). The annotated drawings shall ba 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 recortla 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 data th¢ Project is completed or such longer period as may b¢ raq ulred by law, whichever is later, pursuant to Florida Public Records Law Chapt¢r '119 and comply with specifically those contractual requirements in 1'19.0701(2)(a)-(b) as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite '102 Naples, FL 34'1'12-5746 Telephone: (239) 252-8999 Email: PublicRecord ReguestCa7colliercountvfl.aov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to pertorm the service. 2. Upon raq nest 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 ba 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 era exempt or confidential and exempt from public records disclosure requirements era 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 mai ntaln public records required by the public agency to pertorm 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 fo The public 35 ConstruUlon Services Agreemanl: [2023_ver.2] S✓�� 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 matari ai-man, as wall as coordinating its Work with all work of others at the Project Sita, so that Its Work or the work of others shall not ba delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsi bla for all construction means, methods, techniques, sequences, and procedures, as wall as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as sat 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 rastri clad 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-aig ht (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, intarfaranca, inefficiency, suspension or delay in the com mancement 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 partorm 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 ba a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as wall as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continua partorming 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 hereu ndar. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any lima 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 lima increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly sat forth beret n, no addition or changes to the Work shall ba 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 ba 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 (iij an admission by Contractor that such items era in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Conatrvctlon Services Hgre¢mant t2023_vat.2] Ln� 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. Tha 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 era unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly pa[form the change as directed by Owner in a written Work Directive. In that avant, the Contract Amount and Contract Tima 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 ba deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the avant a requested change results in an increase to the Contract Amount, the amount of the increase shall ba li mitad to the Contractor's reasonable direct labor and malarial costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum tan percent (10%) markup for all overhead and profit. In the avant 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 malarial costs and actual equipment costs shall ba 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 ba 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 associ atad with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager ahall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Tima 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 ba in compliance with the County procurement ordinance and policies and Administrative Proced urea in effect at the time such modifications are authorized. '11. CLAIMS AND D13PtJT ES 11 .1 Claim is a demand or assertion by one of the parties seeking an adjustment or intarpratation 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. Tha term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. Tha rasponsi bility 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 ba deemed to have waived the Claim. Written supporting data shall ba submitted to the Project Man agar within fifteen (15) calendar days after the occu rrenca of 3] Construcllon Sarvlces Agmamant [2023_wt.2] C i'�l] the event, unless the Owner grants additional time in writing, or else the Contractor shall ba deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4, 11.3 Tha Contractor shall proceed diligently with its pertorm ante as directed by the Owner, regardless of any pending Claim, action, suit or atl ministrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continua to make payments in accordance with the Contract Documents during the pendency of any Claim. iFat S ll.l��;r�C L-i'� 12.1 Owner may partorm other work related to the Project at the site by Owner's own forces, have other work partormad by utility owners or let other direct contracts. If the fact that such other work is to be pertormed 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 expanse 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 Tima or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a parry to such a direct contract (or Owner, if Owner is pertorm ing 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 shalt properly connect and coordinate Its Work with theirs. Contractor shall tlo all cutting, fitting and patching of the Work that may ba required to make its several parts coma together properly and integrate with such other work. Contractor shall not ¢ndanger any work of others by cutting, excavating or otherwise altering their work and will only cut or altar 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 extant that theta era 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 d¢pands 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 M an agar 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. 93. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extant permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and ail liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extant 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. Tha duty to defend arises immediately upon presentation of a claim by 36 Conatrvctlon Sarvlcas Agr¢amenT [2f)23_vac� n(_} any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article '13 will su rviva the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indam nifiatl party for the matter indemnified hereunder is fully and finally barred by the ap plicabia statute of limitations. '13.3 Contractor shall obtain and carry, at all times during its pertormance under the Contract Documents, insu rants of the types and in the amounts set forth in the Insu rants and Bondinc Reau'raments form Exhibit B-3 to the Agreement. Further, the Contractor shall at all limas comply with all of the terms, conditions, requirements and obligations sat forth under Exhibit B-3. '14. COMPLIANCE WITH LAWS. '14.'I Contractor agrees to comply, at its own expanse, with all federal, state and local laws, codes, statutes, ordinances, rules, rag ulations 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 era at varia nca therewith, it shall promptly notify Project Manager in writing. To the extant any law, rule, regulation, coda, statute, or ordinance requires the inclusion of certain farms in this Agreement in order for this Agreement to be enforceable, such terms shall ba deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the avant of a change in any applicable laws, ordinances, rules or regulations subsequent to the data this Agreement was executed that increases the Contractor's time or cost of partormanca of the Work, Contractor is entitled to a Change Order for such increases, except to the extant Contractor knew or should have known of such changes prior to the data 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, � sea. and regulations relating thereto, as either may ba amended. Failure by the Contractor to comply with the laws r�f�rencatl 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 am ployers to abide by the immigration laws of the United States and to employ only individuals who era eligi bla to work in the United States, including the raq uirements sat forth in Florida Statute, §448.095. Tha Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) {n partnership with the Social Security Administration (SSA), provides an Internat- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. Tha program will ba used for Collier County formal Invitations to Bid (ITB) and Req uast 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 tom plated E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors era also required to provide the Collier County Procurement Services Division an executed affidavit cartifying they shall comply with the E-Verify Program. Tha affidavit is attached to the solicitation documents. 39 Combuctlon Servbos AgraamanC [2023_var.2] C i1Q- 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 wabsite: htto'// dh /E-V "f 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 firms) receiving an award shall be fully rasponsi ble for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, t3 sec. and rag ulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firms) 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 unil etarally termin eta said agreement immetli ataly. 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 wall 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 axistin9 surtace or subsurtaca 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 lima of Contractor's commencement of the Work. �6. ASSIGNMENT. 18.1 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 harei n, without the Owner's consent, shall ba 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. '1?. PERMITS, LICENSES AND TAXES. 17.1 Pursuarit to Section 218.80, F.S., Owner will pay for all Collier Gounty 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 Constructlon Sarvlcas Agreement [2023_var.2] C nC, '17.2 All permits, fees and licenses necessary for the prosecution of the Work which era not issued by Co11Ier County shall ba 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 pertormanca of the Work. 'I8. 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 lima 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 ba 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 lima 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 ('I O) days; or (8) makes an assign mant for the benefit of craditc rs; or (9) fails to obey any applicable codas, laws, ordinances, rules or regulations with respect to the Work; or ('1 O) materially breaches any other provision of the Contract Oocu ments. '18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the dafa ult(sj within seven (7) calendar days following recai pt by Contractor of said written notice or such longer period of time as may ba 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 possessioh of all or any portion of the Work and any materials, cools, 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. Ail moneys expended and all of the casts, losses, damages and extra expanses, 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 ba 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 ba paid to the Contractor. Tha 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 farm ination 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 ware necessary or required, in completing the Work and providing labor, materials, eq ujpmant, supplies, and other itemstharefore at ConsVotllon Services A9raamanl [2023_vac2] ",[� or ra-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments partai Wing 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 anti4led to the remedies against Contractor provided herein, then the termination will ba 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)'Ownar has failed to cure such default within fou rtean (14) days of receiving written notice of same from Contractor, than Contractor may stop its partormanca under this Agreement until such default is cured, after giving Owner a second fou rtaan (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 parsons pertorming 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 pertormetl through the termination data, but in no event shall Contractor ba entitled to payment for Work not performed or any other damages from Owner. 79. TERMINATION FOR CONVENIENCE ANO R16HT 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 ba li mitad to that portion of the Contract Amount earned through the data of termination, together with any rats inage withheld and reasonable termination expenses incu rretl, 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 [o seek an extension of time to its schedule in accords nca with the procedures set forth in the Contract Documents. In no avant shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (B) 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. %D�K�71h1,��C ]� 20.1 When the enure Work (or any portion thereof dasi9 Hated 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 lima thereafter, Owner, Contractor and Oasign 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 Sarvlces Agreement [2023_vac2] t_�nU 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, consid ars the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the data of Substantial Completion for the entire Work (or desig Hated 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 data of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. Tha 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 accords nce with the Contract Documents and Is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, it 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 bean completed in accordance with the farms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final pay mant nor the retainaga shall become due and payable until Contractor submits: (�) Racaipt 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 raq wired by Owner, other data establishing payment or satisfaction of all obligations, such as racei pts, 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 tlatermination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is com plately satisfied, neither the final payment nor the ratainage shall become due and payable. 2'1. WARRANTY. 2'I . f Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or malarial man supplying malaria ls, equipment or fixtu ras to ba incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall ba Haw unless otherwise specified, and that all Work shall ba of.9ootl quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and eq uipmant furnished under the Contract Documents shall be applied, installed, connected, erected, used, ties netl 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 ('I) 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 Conatmcfion Services Agreement [2023_vBr.2]-At expense. Those 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. Tha Contractor's Representative shall be present at the lima of inspection and shall take ramedi al actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the citetl deficiencies shall ba""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 ANO INSPECTIONS. 22.1 Owner, Design Professional, [hair 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 tasting. 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 rag ulations of any public authority having jurisdiction over the Project requires any portion of the Work to ba specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith antl furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall ba pertormatl in a manner antl by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to The extant such re -inspections are due to the fault or neglect of Contractor. 22,4 If any Work that is to ba inspectetl, tasted 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 expanse 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 d irectiona from Project Man agar, such Work must, if raq uestad by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expanse. 22.5 Tha Owner shall charge to Contractor and may deduct from eny payments due Contractor all engineering and inspection expanses 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 performatl 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 pertorm [he Work in accordance with the Contract Documents. 23_ DEFECTIVE WORK. 23.1 Work not conforming to the req uiraments of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 94 ConstmUlon Services Agreement [2023_vBc2] CA(7 Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or com plated, 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 fasts 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 tasting 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 ba 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 partorm 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 slim inatatl. 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 parson. 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 accapta nca 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 rejedtad 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 ba raq uirad to give notice to Contractor in the avant 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 tc 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 as ConstmUlon Sarvlces AgrsemanL [2023_vsr.2] [ant) of Owner in exercising such rights and remedies shall ba charged against Contractor, and a Change Order ahall ba 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 ba limited to, fees and charges of engineers, architects, attorneys and other professionals, ell 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 ba allowed an extension of the Contract Tima 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.'I 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 ba necessary to partorm the Work in accordance with the Contract Documents. Contractor shall ba rasponsi ble to sea that the fin ishad Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident supari ntandant, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumsta ncas. 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 suparintandant, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Supari ntandant and all of Contractor's key personnel who era assig nad 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 limas whenever contractor's work crews, or work craws 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 adaq uata project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section S. 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 bean 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 samo, 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 ba loaded in any manner that will anda ngar 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. Tha Owner or Design Professional 46 Conshuc[ion aarvkes Agreement [2023 vBr.2] GAt� shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES 26.1 Ih the event -of an emergency affecting the safety or protectionof parsons or the Work or property at the Project site or adjacent thereto, Contractor, without spacial instruction or authorization from Owner or Oasign Professional is obligated to act to prevent th reataned 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 req uiratl 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 Contractorfails 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.'I Contractor shall be reaponsi ble 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.'I . f All employees on or about the project site and other persons and/or org enizations 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 parsons 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. 9� ConatrucOon Services AgrecmanL [2023_vco2] C[{Q Contractor's duties and responsibilities for the safety and protection of the Work shall continua until such time as the Work is com plated and final acceptance of same by Owner has occurretl. Ail new electrical installations shall incorporate NFPA 70E Short Circuit Protective �avica 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 shell dasig Hate a responsible representative located on a full time basis at the Project site whose tluty shall ba the prevention of accidents. This person shall ba Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, tlrugs and all illegal substances era 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 [o any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowladg es that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such avant, Contractor shall comply with the following: 28.5.1 All Owner facilities era smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall ba provided an itlentification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all limas. All Em ployeas working at the Project site must log in and out with the Contractor each tlay; 28.5.3 Contractor shall strictly limit its operations to the designated work areas antl shall not permit any Em ployeas 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 era 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 onsita, as said regulations may be changetl from lima to time; 28.5.E 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 raq wasted, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 98 coretwction services ngreemenr. [zoa3_vaczl �.A� 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 era not perm ittad 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 ba modified or changed by Owner from lima to lima. 29. PROJECT MEETINGS. Prior to the common cement 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, procad urns for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working undarsfanding 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 ba 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 ba evaluated on their partormanca upon completion/termination of this Agreement. 3'1. 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 (M UTC D), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. Those projects shall also comply with Collier Cou nty's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies era available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.nat/purchasing. The Contractor will ba 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 ba enforced under this Contract. All costs associated with the Maintan ante of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within tan (1 O) 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 era applicable during the performance of the Work. No markup shall ba 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 ConstmUlon Services AgreamanY [2023_var.2) �:n V 32.2 Notwithstanding anyth in9 herein to the contrary, beta use 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 bast efforts to cooperate with Owner in implementing this salsa 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 altar 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 Purch asas. 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 extant 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 responai bilitias for sales tax under Chapter 212, Florida Statutes, and for its responsi bilitias 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 currant 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 antl practical lines of severability, sequencing effectiveness, access and availability constraints, total lima for completion, construction market conditions, availability of labor and materials, community relations antl any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any parson 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 antl have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors antl shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonablanass, acting in Owner's bast interest, prior to requesting approval of any Change Order from Owner. All Subcontractors partormin9 any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a parson or entity that has the capability in all respects to partorm fully the Agreement requirements with respect to its portion of the Work and has [he integrity and raliabil ity 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. so co„swcnon seiwcea nareamena: [zoza_ver.zl CAO Tha list identifying each Subcontractor cannot be motljfied, changed, or amended without prior writteri 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 Subwntractor list, so that it remains current and accurate throughout the entire pertormanca 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 ba required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor antl sub -subcontractor pertorming any portlon of the Work, as wall as maintain a log of all such licenses. All subcontracts and purchase ortlars between Contractor and Its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly walvetl in writing by Owner, all subcontracts and purchase orders shall ('I) require each Subcontractor to ba bound to Contractor to the same extant Contractor is bound to Owner by the terms of the Contract Documents, as those farms 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 ortler, (4) provide that Owner, Collier County Government, will be an additional insuretl on all liability insurance policies required to be provided by the Subcontractor except workmen's compensation and business automobile policies, (5) assign all warranties directly to Owner, antl (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposetl 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, mach apical, plumbing. electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign antl Hama a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superi ntendant, 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. Tha 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.'I That the Subcontractor's exclusive remedy for delays in the partormance of the subcontract or purchase order causetl by events beyond its control, including delays claimed to ba caused by Owner or Design Professional or attributable to Owner or Design Professional antl including claims based on breach of contract or negligence, shall be an extension of its contract lima. 33.6.2 In the avant of a change in the work, the Subcontractor's claim for adjustments in the contract sum era Ilmitatl exclusively to its actual costs for such changes plus no more than 'I O'h for overhead antl profit. 33.6.3 Tha 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 Conslrudlon Services A9ream®nb [2023_vsr.2] [ ,(�(J price, damages, losses or additional compensation. Further, Contractor shell require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts antl purchase orders. 33.6.4 Each subcontract and purch esa order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the lima and in the manner in which Contractor must submit such claims to Owner, and that fa ilura to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.7 Contractor shall maintain at the Project site, originals or copies ot, on a currant basis, all Project files and records, including, but not limited to, the following administrative records: 34.7.7 Subcontracts and Punch esa Orders 34.1 .2 Subcontractor Licenses 34.7.3 Shop Drawing Submittal/Approval Logs 34.7.4 Equipment Purchase/Delivery Logs 34.7.5 Contract Drawings and Specifications with Addenda 34.7 .6 Warranties and Guarantees 34.7.7 Cost Accounting Records 34.7.8 Labor Costs 34.1 .9 Malarial Costs 34.7.70 Eq ulpment Costs 34.7.7 7 Cost Proposal Request 34.1 .12 Payment Request Records 34.7.73 Meeting Minutes 34.7.74 Cost -Estimates 34.1 .16 Bulletin Quotations 34.7.76 Lab Test Reports 34.7.17 Insurance Certificates and Bontls 34.7.78 Contract Chang as 34.1 .19 Permits 34.7.20 Malarial Purchase 4elivery Logs 34.1 .27 Technical Standards 34.7.22 Design Handbooks 34.7.23 "As -Built" Marked Prints 34.1 .24 Operating &Maintenance Instruction 34.7.25 Daily Progress Reports 34.1 .26 Monthly Progress Reports 34.7.27 Correspondence Files 34.1 .28 Transmittal Records 34.1 .29 Inapaction Reports 34.7.30 Punch Lists 34.7.37 PMIS Schad ule and Uptlatas 34.7.32 Suspense (Tickler) Files of Outstanding Req uiraments The Project files and records shall ba available at all times to Owner and Design Professional or [hair designees for reference, review or copying. s2 ConstruUion aervlcae Agreement [2023_ver.2] CAti 34.2 Contractor Presentations At the discretion of the County, the Contractor may ba required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times par 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 ached ula, project completion data 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 ba 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 ba 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 req uirad 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 limas while performing services on County facil itias and properties. Contractor ID badges era valltl for one ('1) year from the data of issuance and can ba 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. Tha Contractor shall immediately notify the Collier County Facilities Management Division via a -mail (DL-FMOPSr'o colliercountvfl.00v) 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 pat incident. CCSO req uiras separate fingerprinting prior to work being partormetl 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 astimatatl cost of $'10 million or more shall be reviewed for consideration of a Value Engineering (VE) study cond uctad during project development. A "project" shall ba 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 astimatatl construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement [2023_v®r.2i At, 38. ABOVEGROUND/UNDERGROUND TANKS 38.1 Tha contractor shall ensure compliance with all NFPA rag ulations: specifically 11 O & 30/30A; FDEP chapter 62 regulations: specifically 781 , 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST &API referenced standards partai Wing to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid 8 Hazardous Wastes Management Department (SHWMD) prior to the installation, removal, or mai ntananca of any storage tank, including day tanks for generators, storing /will ba storing petroleum products or hazardous materials. The contractor shall provide a 1 O day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. Tha 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 than SHWMD must approve the plans prior to contractor's submittal for permitting. 39_ STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. Tha Contractor shall employ people to work on Owner's projects who are neat, clean, wall -groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who era physically capable of performing their employment duties. Tha Owner may req uira the Contractor to remove an employee it deems careless, incom patent, 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 raprasantativas of Contractor with full decision - making authority and by Owner's staff parson who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the com mancament 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 States of Florida. The mediation shall ba 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 metllation under Section 44.102, Fla. Stet. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must ba brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on ell such matters. 54 Conatrucllon Services HgraemanL [2D23_v®r.2] (�AO EXHIBIT 1: SUPPLEM ENTAL TERMS AND CONDITIONS ® Atkached hereto, following this page Exhibit I: Supplemental Terms and Conditions Exhibit I: Federal Contract Provisions and Assurances Q Not Applicable s A� conscr„��on so,vicos neraemanr. [zoas .,er. EXHIBIT I: SUPPLEMENTAL TERMS AND CON OITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (g0) days of the effective date to comply with legislative changes to Fla. Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (with an effective date of July 1, 2023). Page 1 of 1 C Ap Cnlller County Solldtatlon 23-8t a7 EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSVRANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditiona contained in this section era intended to cooperate with, to supplement, and to motlify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgemen[thet FEMA financial assistance will be used to funtl all or a portion of the contract. Pursuant uniform requirements of fetleral awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract /Purchase Order. - Compllance with Federal law, Regulations. and Executive Orders: Tha Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (il) the subcontractor is bound by all applicable state antl Federal laws and regulations, antl (iii) the subcontractor shall hold the Division and Sub-Reciptent harmless against all claims of whatever nature arising out of the subcontractor's pertormance of worK under this Agreement, to the aMent allowed and required by law. Spaclflcally, the Contractor shall be responsible for being knowletlgeable and pertorming any antl all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 44 C.F.R. Part 206 o The Robert T. Staffortl Disaster Relief and Emergency Assistance Act, Public Law 93- 2H8, as amentled, 42 U.S.C. 5'12'1 et seq., antl Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 1,A0 1 D/11 /2D23 8:43 PM p. 35 Collior County aollcltatlon 23-et 6] EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of [ha Vnited States, or any of their authorizetl representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, antl transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcrlpHona as reasonably Headed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section t225 of the Disaster Recovery Act of 2018, the County antl the Contractor acknowledge and agree that no language In this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of [he United States. Affirmative Socioeconomic Steps: If subcontracts are to ba let, the prima wntractor is required to take all necessary steps itlentified in 2 C.F.R. § 200.321(b)(1 )-(5) to ensure that small and minority businesses, women's business enterprises. and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall Include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and Co the extent consistent with law, the non- Fed¢ral entity should, to the greatest extent practicable under a Federal award, provitle a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products untler this award. For purposes of this section: "Produced in the Vnited States" means, for iron and steal products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whale or In part of non-f¢rrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, Including optical fiber; antl lumber. Cleanse end Delivery of Works Subject to Copyright and Data Rights: Tha Contractor grants to the County, a paltl-up, royalty -free, nonexclusive, irrevocable, worldwid¢ license in data first produced in the partormance of this wntract to raprod uce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly antl display publicly such data. For data required by the contract but not first producetl in the partormance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for tlata first produced in the partormance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written r¢ports or literary works, software antl/or source code, music, choreography, pictures or Images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion pf this contract, the Contractor will deliver to the County data first produced in the partormance of this contract and data required by the contract but not Frst produced in the pertormanca of this contract in formats acceptable by the County. No Obligation by Federal Government: Tha Federal Government is not a party to this contract and is not subject to any obligations or Ifabil hies to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. E%H I BIT I - 2 t Wt t /2023 8:43 PM 1.A0 p. 36 Collier County SollcltHtion 23-81 B9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covarad Teeecommunlcations Equipment or Services: (a) Definitions. As used In this clause, the farms backhaul; covered foreign country; covered telecommunications equipment or services; interconn¢ction arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-'143-� Prohibitions on Expending FEMA Award Funds forcovarad Talacommunications Equipment or Services As used in this clause — (b) Prohibitions. (t) Section 689(b) of the John S. McCain National Dafensa Authorization Act for Fiscal Yea20'I 9, Pub. L. No. �'15-232, and 2 C.F.R. § 200.2'IB prohibit the head of an executive agency on or attar Aug.t3, 2020, from obligating or expanding grant, cooperative agreement, loan, or loan guarantee funds on eert9in telecommunications products or from certain entities for national security reasons. (2) Unless an ¢xception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that us¢s covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any syacam; (Ili) Enter into, extend, or renew contracts with entities [ha[ use covered telecommunications equipment or services as a substantial or asa¢ntial component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its partormance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions (7) This clause does not prohibit contractors from providing — (I). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Talacommunications ¢q uipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary Implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (t) In th¢ event the contractor idantiFlas covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract pertormance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subreclpiant, unless elsewhere in this contract are established procedures for reporting the information. (2) Tha Contractor shall report the following information pursuant to paragraph (d)(t) of this clause: (i) Within one business day from the date of such identification or notification: Tha contract number; the order number(s), if applicable' supplier name; supplier unique entity identifier (if known); supplier Commaroial and Government Entity (CAGE) code (if known); brand; modal number (original equipment manufacturer G(�O EXHIBIT I - 3 t O/t t /2023 9:43 PM P� 3] Colllar County SollGtallon 23-818] EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer pert number, or wholesaler number); Item description; and any readily available information about mitigation ac[Ions undertaken or recommended. (ii) Within � O business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submlasion of covered telecommunications equipment or sarvic¢s, and any additional efforts that will be incorporated to prevent future us¢ or submission of covered telecommunications equipment or 8¢fVIC¢9. (¢) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual Instrum¢nts. Program Frautl and Falser or Frautlulant Statements or Ralatetl Acts: The Contractor acknowledges that 3t U.S.C. Chap. 38 (Administrative Remedies for False Clalms and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Matla Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: ('I) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C. F. R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined ak 2 C.F.R. § t 80.998), or its affiliates (tlefin¢d at 2 C.F.R. § '180.908) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (definetl at 2 C.F.R. § t80.938). (2) The contractor must comply with 2 C.F.R. pt. t 80, subpart C and 2 C.F.R. pt. 3000, subpart C antl must include a requirement To comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. '180, subpart C end 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limitetl [o suspension and/or debarment. (4) Tha bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the pariotl of any contract that may arise from this offer. The bidtler or proposer further agrees to Include a provision requinmg such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $t0,000): In the pertormanca of this contract, the Contractor shall Make maximum use of products containing recovered materials that err¢ EPA- designatad items unless the product cannot be acquir¢d— Competitively within a timeframe providing for compliance with the contract performance schedule: Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines wabpage: hops://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Causes and Convenience (over $t 0,000): See Standartl Purchase Order and/or Contract Terms and Conditions Byrcl Antl-Lobbying Amendment (3'1 U.S.C. § t352 (as amended) (over $f 00,000): Contractors who apply or bid for an award of $'100,000 or more shall file the required ce rtificatlon. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress In connection with obtaining any Federal contract, grant, or any other award covered by 3'I U.S.C. § 1382. Each tier shall else disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Fetlaral award. Such disclosures are forwartled from tier to tier up to the recipient." �rm�rae 1 O/1'1 /2023 9'<3 PM C�� p. 3a Collier Counry Solicilatlon 23-8t 8] EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the Gou my with each bid or offer exceeding $t 00,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Aot (40 U.S.C. 370t-ST08) (over $t00,000): Where applicable, all contracts awarded by the solicitor in excess of $t 00,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (�) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or Involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or sha.is employed on such worK to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worketl In excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the avant of any violation of the clause set forth in paragraph (t) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work don¢ under contract for the District of Columbia or a territory, to such District or to such territory), for Iiquidatetl damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (t) of this section, in the sum of $27 for each calentlar tlay on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph ('I) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon Its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prima contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prim¢ contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause sat forth in paragraph (2) of Shia section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses sat forth in paragraph (t) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall ba responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (t) through (4) of this section." For contracts that era only subject [o Contract WorK Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § S.t "Further Compliance with the Contract Work Hours and Safety Standards Act. (t) The contractor or subcontractor shall maintain payrolls antl basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions matle. and actual wages paid. (2) Records to be maintained under this provision shall be made available bythe contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homelantl Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on [he job. CAO EXHIBIT I - 5 t O/l t /2023 8:43 PM P' 39 Collior County Solldlallon 23-St 89 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean -Air Act (over $t 50,000): 1. Tha contractor agrees to comply with all applicable atantlard s, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 740t at seq. 2. Tha contractor agrees to report ¢ach violation to the County and understands and agrees that the County will, In tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to Include these requirements in each subcontract excaetling $'150,000 financed in whol¢ or in part with Federal assistance provided by FEMA. ' F¢daral Water Pollution Control Act (over $t50,000): �. The contractor agreesto comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Ac[, as amantled, 33 V.S.C. 125'I et seq. 2. The contractor agrees to report each violation to the County and understands antl agrees that the County will, in turn, reporC each violation as raquiretl to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $t 50,000 financed in whole or In part with Federal assistance provided by FEMA. Adminlstrativa, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local govarnm¢nt and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Floritla court of competent juristliction. Clause (§BO-t.4): Except as otherwise provided under 4t C.F.R. Part lition of "federally assisted cons[ruct'on contract" in 4'i C.F.R. § 60-1 .3 During the performance of this contract, the contractor agrees as follows: ('I) The contractor will not discriminate against any ¢mployee or applicant for employment because of race, color, religion, sex, sexual orientation, gend¢r identity, or national origin. The contractor will Yaks affirmative action to ensure that applicants are employed, and that employees are treatetl during employment without regard to their race, color, religion, sax, sexual orientation, gander identity, or national origin. Such action shall include, but not ba limited to the following: Employment, upgrading, tlemotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available [o employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or ativertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gander identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employe or applicant has inquiretl about, discussed, or disclosed the compensation of the employee or applicant or another employes or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions tliscloses the compensation of such other employees or applicants to intlivid uals who tlo not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceetling, hearing, or action, tncluding an investigation contluctad by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will sand to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the saftl labor cno EXHIBIT I - 6 10/11/2e23 9:43 PM P� 40 Collier County Solld[allon 23-8t 6] EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the no[Ica In conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 'I'1246 of September 24, '1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furn lsh all Information and reports required by Executive Order t � 246 of September 24, '1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation [o ascertain compliance with such rules, regulations, and ortlere. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared Ineligible for further Government contracts or federally assisted wnstruction contracts in accordance with procedures authorized in Executive Order � t246 of September 24, '1965, and such other sanctions may be Imposed and remedies invoked as provided in Executive Order 'I t 24B of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) Tha contractor will include the portion of the sentence immediately preceding paragraph ('I) and the provisions of paragraphs (1) through (e) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Ortler �'1246 of September 24, '1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, Including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the Interests of the United Staters. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding E%HIBIT I - ] t O/t t /2023 9:43 PM CAD p. 4t Colllar Cot,nly SCIICItallnn 23-6189 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compllanca with Fadarel Law, Ragulatlona, And Exacutiva Orders and Acknowledgement of Federal Funding Cartificatlon Thls is en acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations. axacutiva orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. Tha Contractor agrees to include In the subcontract that (t) the subcontrector is bound by the [arms of this Agreement, (li) the subcontractor is bound by all applicable state and fatlerai laws and regulations, and (ifi) the subcontractor shall held [ha County and the Grantor Agency hannleas against all claims of whatever nature arising out of the subcontrectoYs performance of work under this Agreement, to the eMant allowed and required by law. Tha County may document in the quarterly report the Contractor's pragrasa in partorming its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements idanflfled in this document Vendor/Contractor Nama POWBYServa TBohn OIOgIBS, Inc. Data t�"'ta �2�Z3 r� Authorized Signature EXHIBIT I-8 CnL) t a/11/2023 9:a3 PM P" 42 C011ler County $ollcttetlon 23-8181 EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REC3ARDIN6 DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLVSION Contractor Covarad Transactions (I) Tha prospaci(va subcontractor of the Sub -recipient, Colllar County, eertiFlas, by submisalon of this document, that neither It nor Its principals la presently debarred, suspendatl, proposed for debarment, daclaratl inaliglble, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-reeiplant's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Powerserva Tachnolonias, Inc. Bv: �� `i . nature Leonardo Valosa, President Names and Titles '15074 Park of Commerce Bivd. #4 Street Address Jupltar FL 33478 Gily. State, Zip �Jo2 �j Sub -Recipient Names: Collier County Boartl of County Commissioners DEM Contract Number: TBD FEMA Pro7act Number: TBD EXHIBIT 1 - 9 C)AQ t0/t t/2023 8:43 PM P� 43 Calller County SOIIG[a[Ion 23-818] EXHIBIT f ' FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER fOUNTV ANTICIPATED DISADVANTAGED, MIN ORITV� WOMEN OR VETERAN PARTICIPATION STATEMENT wm pa w.IfiM. �nYe.Raae mmzaz w:n reRBne me RweME m amat wa..tle a.ewaetl Rxement or vronae iBa.re aotLmantmiBn tnx...naans a A. PRIME VENDOR/CONTRACTOR INFORMATION npIME FEID CT VOttARAMOVM PowerserveRTechnologies, Inc. 65-0618324R $1,560,123.00 IST..e vrtnlE ArloRloA<E0.TINED DISADVANTAeeD. VETERAN V uINE ACTIVITY ov TXls coNlrt>cr... WOM¢N BUA REDS EIRERRPIS[T pBEi � ryT OY (BOB V/R-[ef/cVBE) oR XAYE ASMALLDIsgpVA TAEEB BET CON, ONi "•J ERTnCATION FROM TIE SFIALL BUSINESS M o mIN15TRATON AS[0.VC[pIBABLFp VEEERAtI' R'BEi OTHER. v pnt Y VBMR90NA0. ONT' NNUMBEP 0. IF PRIME HAS SUBCONTRACTOR Oft SUPPLIER WHO f5 A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION M/wne suBcoNT suvvueR uBlsDRpueR peat o NAME R See OalowD ElAR 4MOUNT NONE G. SECTION TO BE COMPLETED BV PRIME VENDOR/CONTRACTOR DR spaMnTER T amrrtEw Leonardo Velosa 12/11/2023 TPresident cMAILAODR[SS Oi RRIME s MBER BER Ivelosa@powerservetech�com 561-840-1441 561'840-1439 ry or E: Thii lnfwma[ran fs vieQ [otmck arW repors nVClpa0etl D0Ew MBE particlpatlan In Taaaolly-Nndetl mntryca. TTe antltipatea DBE or ferry and will not Oaome wrt of iha contraRual Ptmz. This Torm mutt be supmi[[ed at time o1 response to a solkltatian^`f Ana when alva.dea a county conVM, the prime will Be asked to uptlete [MJnformMlm MriM1a gram campllance filar. D. SECTION TO BE COMPLETED BY COLLIER COUNTY aAcr r CbNTRACT ceRTEo 9y- �� 10/1'I /2023 9:43 PM (;[�U p. 44 Collier CaUnly 3olicltatlon 23-8187 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSVRANCES LOBBYINd CERTIFICATION e t :seem Tha undersigned [Contractor] certifies, to the bast of his or her knowledge, that: t. Nc Fadaral appropriated funds have been paid or will ba paitl, by or on behalf of the undersigned, to any person for influencing or aHampting to influence an officer or employee of an agency, a Member of Con9rass, an officer or employee of Congress, or an employee of a M®mbar of Congress In connection with the awarding of any Fadaral wntrect, the making of any Fadaral grant, the making of any Fatlarel loan, the entering into of any cooperative agreement, antl the extanelon, continuation, renewal, amantlmant, or motlifieation of any Federal contract. Brant, loan, or cooperative agreement. 2. If any funtls other than Fadaral appropriatatl funtls have been paitl or will ba paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Fatleral contract, grant, loan, or cooperative agreement, the untleraignatl shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. Tha undersigned shall require that the language of this certification ba inclutlad in the award documents for all aubawarda at all tiers (Including aubcontracfs, subgrants, and contracts untlar grants, loans, and cooperative agreements) and that all subreciplanta shall certify and disclose acwrdingly. This certlfcation la a material representation of fact upon which reliance was placed when this transaction was matla or enferatl Into. Submission of this certification la a prerequisite -for making or entering Into this transaction imposed by 3'1, U.S.C. § '1352 (es amentlatl by the Lobbyln9 Disclosure Act of 1995). Any parson who fails fo file the required certification shall be subject to a civil penalty of not less than $t0,000 antl not more than $'100,000 for each such failure. The Contractor cart(fiea or affirms the truthfulness and accuracy of each statement of Its caHificatlon antl d lsclosura, If any. In adtli[ion, the Contractor understentls antl agrees that the provisions of 3t U.S.C. § 3f30'1 et seq., apply fo this certification and tliaclosura, If any. Powerserva Tecnnologias, Inc. Contrra�{c\�t'o�r-(Fir^mom Na�m.�ey)� Signer of Contractor's Authorizetl Offidal Leonardo Velosa, President Name and Titles of ConireMor's Authorizetl Official l2 /n /a -a 1 O/1 t/2o23 9:43 PM C; An p. 46