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Agenda 03/26/2024 Item #16B 7 (Change order to utilize the Owners Roadway Allowance funds)03/26/2024 EXECUTIVE SUMMARY Recommendation to approve Change Order No. 1 under Agreement No. 22-7976 with Sacyr Construction USA for the CR862 Vanderbilt Beach Road Extension from CR951 Collier Blvd. to 16th St. NE Project for one hundred seventy three (173) additional days and $790,742.31 for unforeseen additional items reimbursable from the Owner’s Allowance, including an after-the-fact payment in the amount of $17,126.29 for material testing, and authorize the Chairman to sign the attached Change Order. (Project No. 60168, Estimated Fiscal Impact: $790,742.31 from Contract Allowance-Roadway funds). OBJECTIVE: To obtain approval of Change Order No.1 to utilize the Owner’s Roadway Allowance funds to pay for the removal and replacement of unforeseen unsuitable mat erial and approve one hundred seventy-three (173) additional days to the contract. CONSIDERATIONS: On July 12, 2022 (Agenda Item 11.F), the Board approved Agreement No. 22-7976 with Sacyr Construction USA LLC (“Sacyr”), to perform all work in connection with project No. 60168 - Construction Services for the Vanderbilt Beach Road Extension from Collier Boulevard (CR951) to 16th Street NE (the “Project”). Due to the heavy overgrowth of vegetation, some areas of the Project were not fully accessible dur ing the design phase. Sacyr encountered questionable material during construction that was not reflected in the construction plans. After performing exploratory soil testing, which was verbally approved by County staff and County staff was present onsite to monitor the testing and conduct parallel testing to be sure of the quality. It was determined that the material was not suitable to stay under the roadway bed and needed to be removed and replaced. Change Order No. 1 is requesting to utilize $790,742.31 from the Roadway Allowance on the Project to remove and replace 13,972 CY unsuitable material and also includes the soil testing expenditures. Leaving unsuitable material under the roadway could further compromise drainage and infrastructure in the futur e and put the traveling public at risk of road failures causing unsafe conditions for the public. The attached Change Order No. 1 adds 173 days for the wildlife survey and removal (96 days), inclement weather (30 days), holidays (16), and unsuitable soil removal (31) to the original contract time (1,110 days). Change Order No. 1 is required to meet the requirements of FDOT Specifications 8-6.4, Suspension of Contractor’s Operations- Holidays and Special events, Specification 8-7.3 Contract Time Extensions, and Construction Service Agreement section 10. Additionally, County staff is requesting an after-the-fact approval for payment to Sacyr for the subcontractor services for the exploratory soil testing performed in the amount of $17,126.29, which was not properly authorized, and a quote was not obtained, as required by the Agreement. Note - the after-the-fact amount is part of Change Order 1 and is contingent upon the Board's approval of Change Order 1 and the contractor providing proper invoice and support. This item is consistent with the Collier County Strategic Plan Focus Areas of Infrastructure and Asset Management and Community Development. FISCAL IMPACT: Funds in the amount of $790,742.31 have already been encumbered under Purchase Order 4500218686 in the Road Impact District 2 Fund 3091 Project No. 60168 and will be used to pay for the unforeseen impacts that resulted in additional work and materials used. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major roadway system at an acceptable Level of Service. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK 16.B.7 Packet Pg. 1046 03/26/2024 RECOMMENDATION: To approve Change Order No. 1 under Agreement No. 22-7976 with Sacyr Construction USA for the CR862 Vanderbilt Beach Road Extension from CR951 Collier Blvd. to 16th St. NE Project for one hundred seventy three (173) additional days and $790,742.31 for unforeseen additional items reimbursable from the Owner’s Allowance, including an after-the-fact payment in the amount of $17,126.29 for material testing, and authorize the Chairman to sign the attached Change Order. (Project No. 60168, Estimated Fiscal Impact: $790,742.31 from Contract Allowance-Roadway funds). Prepared by: Felipe Baez De La Cruz, Project Manager II, Transportation Engineering Division Megan Gaillard, Division Director, Corporate Compliance ATTACHMENT(S) 1. Sacyr CO#1 02.22.24 (PDF) 2. [Linked] 22-7976 Contract_Sacyr Construction USA LLC. (PDF) 3. CTI Testing invoice-Quotes (PDF) 4. VBR Ext. After the Fact (PDF) 16.B.7 Packet Pg. 1047 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.7 Doc ID: 28144 Item Summary: Recommendation to approve Change Order No. 1 under Agreement No. 22-7976 with Sacyr Construction USA for the CR862 Vanderbilt Beach Road Extension from CR951 Collier Blvd. to 16th St. NE Project for one hundred seventy three (173) additional days and $790,742.31 for unforeseen additional items reimbursable from the Owner’s Allowance, including an after-the-fact payment in the amount of $17,126.29 for material testing, and authorize the Chairman to sign the attached Change Order. (Project No. 60168, Estimated Fiscal Impact: $790,742.31 from Contract Allowance-Roadway funds). Meeting Date: 03/26/2024 Prepared by: Title: – Transportation Management Operations Support Name: Felipe Baez DeLa Cruz 02/23/2024 8:14 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 02/23/2024 8:14 AM Approved By: Review: Unknown Lisa Taylor Other Reviewer Completed 02/23/2024 9:32 AM Transportation Engineering Matthew Thomas Other Reviewer Completed 02/26/2024 7:48 AM Transportation Engineering Jay Ahmad Other Reviewer Completed 02/26/2024 9:36 AM Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Completed 02/26/2024 2:55 PM Transportation Management Services Department Danielle Bates Transportation Management Services Department Completed 02/27/2024 11:41 AM Road Maintenance Ellen Sheffey Other Reviewer Completed 02/27/2024 4:41 PM Transportation Management Operations Support Tara Castillo Other Reviewer Completed 02/28/2024 1:27 PM Procurement Services Sandra Srnka Procurement Director Review Completed 03/05/2024 10:01 AM Transportation Management Services Department Trinity Scott Transportation Completed 03/06/2024 9:30 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/08/2024 2:46 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/08/2024 2:50 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/08/2024 3:07 PM Community & Human Services Maggie Lopez Other Reviewer Completed 03/14/2024 8:04 AM Corporate Compliance and Continuous Improvement Megan Gaillard Other Reviewer Completed 03/19/2024 4:51 PM County Attorney's Office Jeffrey A. Klatzkow CAO Reviewer Completed 03/20/2024 10:21 AM 16.B.7 Packet Pg. 1048 03/26/2024 County Manager's Office Ed Finn Level 4 County Manager Review Completed 03/20/2024 3:17 PM Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM 16.B.7 Packet Pg. 1049 16.B.7.aPacket Pg. 1050Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1051Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1052Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1053Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1054Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1055Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1056Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1057Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1058Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1059Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1060Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1061Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1062Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1063Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1064Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1065Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1066Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1067Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1068Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1069Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1070Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1071Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1072Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1073Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1074Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.aPacket Pg. 1075Attachment: Sacyr CO#1 02.22.24 (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.cPacket Pg. 1076Attachment: CTI Testing invoice-Quotes (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.c Packet Pg. 1077 Attachment: CTI Testing invoice-Quotes (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.c Packet Pg. 1078 Attachment: CTI Testing invoice-Quotes (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.c Packet Pg. 1079 Attachment: CTI Testing invoice-Quotes (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.c Packet Pg. 1080 Attachment: CTI Testing invoice-Quotes (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.c Packet Pg. 1081 Attachment: CTI Testing invoice-Quotes (28144 : CO #1 Vanderbilt Beach Road Extension 60168) 16.B.7.c Packet Pg. 1082 Attachment: CTI Testing invoice-Quotes (28144 : CO #1 Vanderbilt Beach Road Extension 60168) Instructions After the Fact Form As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or contract terms, an After-the-Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order, when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and services not covered by the current contract or purchase order. All such “After the Fact Procurements” will be reported to the County Manager. Requester Name: Division: Division Director: Vendor Name: Amount: Contract #: Purchase Order: Why is this deemed a non-compliant purchase?Choose one. Contract Ordinance Manual P-Card Other Details of Purchase: Explain the circumstances behind this purchase. Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? Corrective/Preventive Action: What action is being taken to prevent this violation from re-occurring? The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested by: Signature: Date: Division Director: Signature: Date: Department Head: Signature: Date: Reviion#1: February 2024 16.B.7.d Packet Pg. 1083 Attachment: VBR Ext. After the Fact (28144 : CO #1 Vanderbilt Beach Road Extension 60168) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , ("Owner") hereby contracts with SACYR Construction USA LLC ("Contractor") of 3191 Coral Way, Ste 510, Miami , FL 33145, a Fore ign Limited Liability Company , autho r ized to do business in the State of Flor ida , to perform all work ("Work") in connection w ith "Project No. 60168-Construction Services for Vanderbilt Beach Road Extension", Invitation to Bid No. 22-7976 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Jacobs Engineering Group Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified . Owner and Contractor, for the consideration herein set forth , agree as follows : Section 1. Contract Documents. A. The Contract Documents consist of this Agreement , the Exhibits described in Section 6 hereof, the Legal Advertisement , the Bidd ing Documents and any duly executed and issued addenda , Change Orders , Work Directive Changes , Field Orders and amendments relating thereto . All of the forego ing Contract Documents are incorporated by reference and made a part of this Agreement (all of sa id documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work . B. Owner shall furn ish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents , signed and sealed by the Design Professional , as are reasonably necessary for permitting . Section 2. Scope of Work. Contractor agrees to furnish and pay for all management , supervision , financing , labor, materials, tools , fuel , suppl ies , utilities , equipment and serv ices of every kind and type necessary to dil igently , timely , and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents . Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay , or cause to be paid , to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: One Hundred Fifty-Two Million Nine Hundred Ninety-Nine Thousand Nine Hundred Ninety-Nine Dollars and Ninety-One Cents ($152,999,999.91). Section 4. Bonds. A. If applicable , the Contractor shall provide Performance and Payment Bonds , in the form prescribed in Exhibit B-1 and B-2 , in the amount of 100% of the Contract Amount , the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided , however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service , "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Re insurance Companies " circular. This circular may be accessed via the web at www .fms .treas .gov/c570/c570 .html#certified . Should the Contract Amount be less 1 Constru ction Services Agreement : [20 22_ver .3 ] 0 than $500 ,000, the requirements of Section 287.0935 , F.S . shall govern the rating and classification of the surety . B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent , its right to do business is terminated in the State of Florida , or it ceases to meet the requirements imposed by the Contract Documents , the Contractor shall , within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety , both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance . Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined . Contractor shall commence the Work within five (5) calendar days from the Commencement Date . No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor . Contractor shall achieve Substantial Completion within one thousand and eighty (1,080) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete , in accordance with the Contract Documents , so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion . Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed . As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director , as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that , since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above , as said time may be adjusted as provided for herein . In such event, the total amount of Owner's damages, will be difficult , if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein , Owner shall be entitled to assess , as liquidated damages , but not as a penalty, Fourteen Thousand Seven Hundred Twenty-Seven Dollars ($14,727.00) for each calendar day thereafter until Substantial Completion is achieved . Further , in the event Substantial Completion is reached , but the Contractor fails to reach Final Completion within the required time period , Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion . The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods . 0 2 Construction Services Agreement: [2022_ver.3] C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period . If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation , and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday . D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days . E. Right of Collection . The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor , at Owner's election and in its sole discretion , is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F . Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work , in whole or in part , through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work . Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents . H . Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents . Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated : The following documents are expressly agreed upon , attached hereto and made a part of this Agreement for Solicitation 22-7976 "Project No. 60168-Construction Services for Vanderbilt Beach Road Extension". Exhibit A-1: Exhibit A-2: Exhibit A-3 : Exhibit B-1 : Exhibit B-2 : Contractor's Bid Schedule Contractor's Bid Submittal Forms and Addendums Contractor's List of Key Personnel Payment Bond Forms D Not Applicable Performance Bond Forms D Not Applicable 3 Construction Services Agreement : [2022_ver .3] 0 Exhibit 8-3: Exhibit C: Exhibit D : Exhibit E: Exhibit F: Exhibit G : Exhibit H: Exhibit I: Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions D Applicable cg] Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 22-7976 "Project No. 60168-Construction Services for Vanderbilt Beach Road Extension". The complete contract documents , including Addendum with attachments , are available on the County 's on-line bidding system : https://www.bidsync.com/b idsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties . Sections corresponding to any checked box ( [8J ) expressly apply to the terms of this Agreement and are available through the County 's on-line bidding . cgj Exhibit J : cgj Exhibit K: cgjExhibit L: cgj Exhibit M: cgjExhibit N : Technical Specifications Permits Standard Details Plans and Specifications prepared by: Jacobs Engineering Group Inc. Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U .S . Mail , E-mail or Facsimile , addressed to the following : Collier County Board of County Commissioners, FL c/o Transportation Engineering Divis ion 2885 Horseshoe Drive S Naples , Florida 34104 Attn : Mario Puente , Senior Project Manager Phone : (239) 252-5828 Email : Mario . Puente@colliercountyfl.gov B . All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U .S . Mail , E-mail or Facsimile, addressed to the following : SACYR Construction USA LLC 3191 Coral Way , Suite 510 Miami , Florida 33145 Attn: Enrique Alonso Zuniga , Authorized Representative Phone : (786) 773-5847 Email : Jcappros@sacyr.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section . 4 Construction Services Agreement: [2022_ver .3] 0 Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract , Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287 .133(2)(a) of the Florida Statutes which read as follows : "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity , may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided ins. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida . Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision . Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated , and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations , acts , work performed , or payments made prior to the execution hereof shall be deemed merged in , integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: [2022_ver.3] 0 Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures . Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions , if any , or the Construction Agreement and the General Terms and Conditions , the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion . **** Remainder of page intentionally left blank 6 Construction Services Agreement: [2022_ver .3] 0 IN WITNESS WHEREOF , the parties have executed this Agreement on the date(s) indicated below . FIRST WITNES ,](}S{ , 0~ -v-t ~ C NDWITNESS P1t.uA<-M. A.Yc \JC- Print Name Attestas to Chai~S ·· atur nly stgn eo . ., A~;/72 •nu -A iiiiii lita~ County Attorney btpw.'IJ' 5:c,. fr R ----,;,, uk Pr int Name CONTRACTOR : SACYR Construction USA LLC By~-= Print Name and Title Date a~ f)ittl'c('Q. OWNER : BOARD OF COUNTY COMMISSIONERS OF COLLIER COU Y FLORIDA BY : ,(i) Co nstructi on Serv ices Agreement: [2022_ve r.3] 0 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: [2022_ver.3] BID SCHEDULE SACYR CONSTRUCTION USA, LLC Construction Services for Vanderbilt Beach Road Extension, Project 61068 Item No. QTY Unit Item Description Unit Price Total CATEGORY I-ROADWAY 101-1 1 LS MOBILIZATION $ 15 ,299 ,999.91 $ 15 ,299,999 .91 101-1-1 1 LS PROVIDE/MAINTAIN "AS BUil T" PLANS (SIGNED AND SEALED) $ 35 ,000 .00 $ 35,000 .00 101-1-2 1 LS PROVIDE CONSTRUCTION SURVEYING AND LAYOUT $ 3,500 ,000 .00 $ 3,500 ,000 .00 101-1-3 1 LS PRESERVATION OF SURV EY MONUMENTS $ 12 ,000 .00 $ 12,000 .00 102-1 1 LS MAINTENANCE OF TRAFFIC $ 6 ,034 ,710 .72 $ 6,034 ,710 .72 104-10-3 252 ,390 LF SEDIMENT BARRIER -STAKED SILT FENCE (TYPE Ill ) $ 3 .00 $ 757,170 .00 104-11 3 ,001 LF FLOATING TURBIDITY BARRIER $ 20 .00 $ 60 ,020.00 104-18 12 EA INLET PROTECTION SYSTEM $ 90 .00 $ 1,080 .00 MONITOR EXISTING STRUCTURES -INSPECTION AND 108-1 1 LS SETTLEMENT MONITORING $ 50 ,000 .00 $ 50,000 .00 108-2 1 LS MONITOR EXISTING STRUCTURES -VIBRATION MONITORING $ 50 ,000 .00 $ 50 ,000 .00 CLEARING AND GRUBBING (ALL) (EXAMPLES : DRAINAGE , PIPE REMOVAL , INLET REMOVAL , ASPHALT , CONCRETE REMOVAL, 110-1-1 325 AC UTILITIES , ETC .) $ 27 ,000 .00 $ 8,775 ,000 .00 110-7-1 25 EA MAIL BOX (F&I ) (SINGLE ) $ 850 .00 $ 21 ,250 .00 120-1 691 ,862 CY EXCAVATION (INCLUDES ROCK REMOVAL , AND DEWATERING) $ 1000 $ 6 ,918 ,620 .00 120-6 1,137 ,309 CY EMBANKMENT (TOTAL ) (INCLUDES IMPORTED EMBANKMENT) $ 20 .00 $ 22 ,746,180 .00 EMBANKMENT (REPLACEMENT FOR UNSUITABLE MATERIAL - 120-6A 200 ,000 CY MAXIMUM QUANTITY ALLOWANCE) $ 26 .00 $ 5,200,000 .00 160-4 488 ,259 SY TYPE B STABILIZATION (LBR 40 ) (12 ") $ 1.50 $ 732 ,388 .50 285 704 45 ,550 SY OPTIONAL BASE , BASE GROUP 04 $ 14.00 $ 637 ,700 .00 285-706 32 ,386 SY OPTIONAL BASE , BASE GROUP 06 $ 19.00 $ 615 ,334 .00 285-709 325,460 SY OPTIONAL BASE , BASE GROUP 09 $ 21.00 $ 6,834,660 .00 289-1-AAA 4 ,000 SY 6 INCH CRUSH CONCRETE FOR WELL ACCESS ROAD $ 1000 $ 40 ,000 .00 327-70-6 33 ,540 SY MILLING EXISTING ASPHALT PA V EMENT , 1 1/2" AVG DEPTH $ 8.00 $ 268 ,320 .00 334-1-52 5,509 TN SUPERPAVE ASP HAL TIC CONCRETE , TRAFFIC B, PG 76-22 $ 185 .00 $ 1,019 ,165 .00 334-1-53 44 ,012 TN SUPERPAVE ASPHALTIC CONCRETE . TRAFFIC C , PG 76-22 $ 175.00 $ 7 ,702,100 .00 ASPHALT CONCRETE FRICTION COURSE .TRAFFIC C , FC 12 .5, PG 337-7-83 32 ,897 TN 76-22 $ 195.00 $ 6,414,915 .00 339-1 238 TN MISCELLANEOUS ASPHALT PAVEMENT $ 500.00 $ 119 ,000 .00 CONCRETE CLASS NS , GRAVITY WALL AND CONTROL 400-0-11 221 CY STRUCTURE APRONS $ 750 .00 $ 165 ,750 .00 400-1-2 7 CY CONCRETE CLASS I, ENDWALLS $ 2,000.00 $ 14 ,000 .00 425-1-201 4 EA INLETS , CURB , TYPE P-9, <10' $ 12 ,000 .00 $ 48 ,000 .00 425-1-204 1 EA INLETS , CURB , TYPE 9 , J BOT , <10' $ 8 ,600.00 $ 8,600 .00 425-1-351 95 EA INLETS , CURB , TYPE P-5 , <10' $ 12 ,500 .00 $ 1,187 ,500 .00 425-1-352 11 EA INLETS , CURB , TYPE P-5 , >10' $ 15 ,500 .00 $ 170 ,500 .00 425-1-361 90 EA INLETS , CURB , TYPE P-6 , <10 ' $ 13 ,000 .00 $ 1,170 ,000 .00 425-1-362 3 EA INLETS , CURB , TYPE P-6 , >10' $ 16 ,000 .00 $ 48 ,000 .00 425-1-451 11 EA INLETS , CURB , TYPE J-5 , <10' $ 15 ,000 .00 $ 165,000 ,00 425-1-452 13 EA INLETS , CURB , TYPE J-5 , >10' $ 19,000 .00 $ 247 ,000 .00 425-1-461 16 EA INLETS , CURB , TYPE J-6 , <10' $ 16 ,000 .00 $ 256,000 .00 425-1-462 14 EA INLETS , CURB , TYPE J-6 , >10' $ 19,500 .00 $ 273 ,000 .00 425-1-481 3 EA INLETS , CURB , TYPE P-8 , <10' $ 15 ,000.00 $ 45 ,000 .00 425-1-541 77 EA INLETS , DT BOT , TYPED , <10' $ 6 ,500 .00 $ 500 ,500 .00 425-1-542 3 EA INLETS , DT BOT , TYPED , >10' $ 9,000 .00 $ 27 ,000 .00 425-1-549 17 EA INLETS , DT BOT , TYPE D , MODIFY $ 9,500 .00 $ 161 ,500 .00 425-1-581 12 EA INLETS , DITCH BOTTOM , TYPE H, <10' $ 9,500 .00 $ 114,000 .00 425-1-582 4 EA INLETS , DITCH BOTTOM , TYPE H , >10' $ 11,500 .00 $ 46,000.00 425-1-589 1 EA INLETS , DT BOT , TYPE H , MODIFY $ 7 ,000 .00 $ 7,000 .00 425-2-41 20 EA MANHOLES, P-7 , <10 ' $ 7,500.00 $ 150 ,000 .00 425-2-42 9 EA MANHOLES, P-7 , >10' $ 9 ,500 .00 $ 85 ,500 .00 425-2-61 23 EA MANHOLES, P-8 , <10' $ 6 ,950.00 $ 159 ,850 .00 425-2-62 3 EA MANHOLES , P-8, >10' $ 12 ,500 .00 $ 37 ,500 .00 425-2-63 1 EA MANHOLES , P-8 , PARTIAL $ 2 ,500 .00 $ 2 ,500 .00 425-2-71 6 EA MANHOLES , J-7 , <10' $ 8,500 .00 $ 51,000 .00 425-2-72 13 EA MANHOLES, J-7 , >1 0' $ 13 ,500 .00 $ 175 ,500 .00 425-2-91 11 EA MANHOLES , J-8 , <10' $ 10 ,500 .00 $ 115,500.00 425-2-92 31 EA MANHOLES , J-8 , >10' $ 15 ,500 .00 $ 480 ,500 .00 430-175-115 20 LF PIPE CUL V ERT .OPTIONAL MATERIAL .ROUND , 15"S/CD $ 150 .00 $ 3,000 .00 430-175-118 8,742 LF PIPE CULVERT .OPTIONAL MATERIAL,ROUND , 18"S/CD $ 100 .00 $ 874,200 .00 430-175-124 25 ,235 LF PIPE CULV ERT .OPTIONAL MATERIAL .ROUND , 24 "S/CD $ 135 .00 $ 3,406,725 .00 430-175-130 11 ,392 LF PIPE CULVERT , OPT MATERIAL , ROUND , 30"S/CD $ 190 .00 $ 2,164,480 .00 430-175-136 12,776 LF PIPE CULVERT, OPT MATERIAL, ROUND , 36"S/CD $ 235 .00 $ 3,002 ,360.00 430-17 5-142 4 ,890 LF PIPE CULVERT , OPT MATERIAL, ROUND , 42"S/CD $ 300 .00 $ 1,467,000 .00 430-175-148 5,881 LF PIPE CULVERT, OPT MATERIAL , ROUND, 48"S /CD $ 375 .00 $ 2 ,205,375 .00 430-175-166 421 LF PIPE CULVERT, OPT MATERIAL, ROUND , 66"S/CD $ 1,000.00 $ 421 ,000.00 430-175-224 1,616 LF PIPE CULV , OPT MATERIAL , OTHER SHAPE -ELLIP/ARCH , 24"S /CD $ 200 .00 $ 323,200 .00 PIPE CULVERT , OPT MATERIAL , OTHER SHAPE -ELIP/ARCH , 430-175-230 696 LF 30"S/CD $ 275 .00 $ 191,400 .00 PIPE CULVERT , OPT MATERIAL, OTHER SHAPE -ELIP/ARCH , 430-175-236 1,069 LF 36"S/CD $ 350 .00 $ 374 ,150 .00 430-982-129 34 EA MITERED END SECTION , OPTIONAL ROUND, 24 " CD $ 3,500 .00 $ 119 ,000 .00 430-982-133 8 EA MITERED END SECTION , OPTIONAL ROUND, 30" CD $ 6 ,500 .00 $ 52 ,000 .00 430-982-138 9 EA MITERED END SECTION , OPTIONAL ROUND, 36" CD $ 8,500 .00 $ 76 ,500 .00 430-982-140 9 EA MITERED END SECTION , OPTIONAL ROUND , 42" CD $ 9,000 .00 $ 81 ,000.00 430-982-141 4 EA MITERED END SECTION , OPTIONAL ROUND , 48" CD $ 15 ,000 .00 $ 60 ,000 .00 430-982-144 1 EA MITERED END SECTION , OPTIONAL ROUND , 66" CD $ 35 ,000 .00 $ 35 ,000 .00 430-982-629 15 EA MITERED END SECTION , OPTIONAL -ELLIPTICAL/ARCH , 24 " CD $ 4 ,000 .00 $ 60 ,000.00 430-982-633 2 EA MITERED END SECTION , OPTIONAL -ELLIPTICAL/ ARCH , 30 " CD $ 4 ,500 .00 $ 9,000 .00 430-982-638 4 EA MITERED END SECTION , OPTIONAL -ELLIPTICAL / ARCH , 36 " CD $ 8,500 .00 $ 34,000.00 430-984-125 21 EA MITERED END SECTION , OPTIONAL ROUND , 18" SD $ 3,000 .00 $ 63 ,000 .00 430-984-129 4 EA MITERED END SECTION , OPTIONAL ROUND , 24" SD $ 3,500 .00 $ 14,000.00 430-984-133 3 EA MITERED END SECTION , OPTIONAL ROUND , 30 " SD $ 6 ,800 .00 $ 20 ,400 .00 430-984-138 2 EA MITERED END SECTION , OPTIONAL ROUND , 36 " SIDE DRAIN $ 8,500 .00 $ 17 ,000 .00 430-984-629 16 EA MITERED END SECTION , OPTIONAL -ELLIPTICAL/ARCH , 24 " SD $ 3,500 .00 $ 56 ,000 .00 430-984-633 4 EA MITERED END SECT , OPTIONAL /ELLIP/ARCH , 30" SD $ 4 ,500 .00 $ 18,000 .00 430-984-636 2 EA MITERED END SECT , OPTIONAL /ELLIP/ARCH , 36 " SD $ 8,500 .00 $ 17,000 .00 PEDESTRIAN / BICYCLE RAILING , ALUMINUM ONLY , 42" TYPE 1 515-2-311 998 LF (PICKET) $ 179 .64 $ 179 ,280 .72 520-1-10 111 ,042 LF CONCRETE CURB AND GUTTER TYPE F $ 24 .00 $ 2 ,665 ,008.00 520-1-7 17 ,227 LF CONCRETE CURB AND GUTTER TYPE E $ 25 .00 $ 430 ,675 .00 520-2-4 203 LF CONCRETE CURB , TYPE D $ 45 .00 $ 9,135.00 520-5-41 6 ,764 LF TRAFFIC SEPARATOR CONCRETE-TYPE IV , 4' WIDE $ 70 .00 $ 474 ,880 .00 520-70 168 SY TRAFFIC SEPARATOR CONCRETE -SPECIAL , VARIABLE WIDTH $ 90 .00 $ 15 ,120 .00 522-2 7 ,462 SY SIDEWALK CONCRETE AND DRIVEWAYS , 6" THICK $ 85 .00 $ 634 ,270 .00 RIPRAP (RUBBLE ) DITCH LINING (1.5' THICK) (INCLUDES 530-3-4 4,288 TN GEOTEXTILE FABRIC ) $ 100.00 $ 428 ,800 .00 526-1-2 1,386 SY PAVERS , ARCHITECTURAL , SIDEWALK $ 150.00 $ 207 ,900 .00 527-2 628 SF DETECTABLE WARNINGS $ 45.00 $ 37 ,260 .00 GUARDRAIL -ROADWAY , GENERAL TL-3 (INCLUDES PIPE 536-1-1 9 ,353 LF RAILING ) $ 29.26 $ 273,668 .78 SPECIAL GUARDRAIL POST -SPECIAL STEEL POST FOR 536-7-2 56 EA CONCRETE STRUCTURE MOUNT $ 307 .96 $ 17,245.76 536 -8-112 10 EA GUARDRAIL TRANSITION CONNECTION TO RIGID BARRIER (F&I) $ 3,284 .91 $ 32 ,849 .10 536-85-20 3 EA GUARDRAIL END TREATMENT -TRAILING ANCHORAGE $ 1,899 .09 $ 5,697 .27 536-85-24 10 EA GUARDRAIL END TREATMENT -PARALLEL APPROACH TERMINAL $ 3 ,284 .91 $ 32 ,849 .10 536-85-26 3 EA GUARDRAIL END TREATMENT-CRT $ 3 ,079 .61 $ 9 ,236 .63 FENCING, TYPE B, 8' BLACK CHAIN LINK , VINYL COATING 550-10-242 39 ,353 LF (COMPLETE ) $ 45 .00 $ 1,770 ,885 .00 550-10-916 500 LF FENCING , SPECIAL TYPE , 0 .0 TO 5 .0', RESET EXISTING $ 30 .00 $ 15,000.00 550-60-223 8 EA FENCE GATE , TYPE B, DOUBLE , 12 .1-18 .0' OPENING $ 4 ,000.00 $ 32 ,000 .00 550-60-236 2 EA FENCE GATE , TYPE B, SLIDING/ CANTILEVER , 24 .1-30 .0' OPENING $ 5,500 .00 $ 11 ,000 .00 PERFORMANCE TURF , HYDROSEEDING (Incl Mowing , Watering , 570-1-1 356 ,703 SY Fertilizer etc .) $ 0.50 $ 178,351 .50 570-1-2 593 ,685 SY PERFORMANCE TURF , SOD (Incl Mowing , Watering , Fertilizer etc.) $ 3.00 $ 1,761 ,055 .00 IRRIGATION SLEEVES (4") (COMPLETE ) (INCLUDES OMNI BALL/PAN TONE PURPLE ENDS AND MAGNETIC LOCATING 591-1400 2 ,171 LF DEVICE) $ 24.00 $ 52 ,104 .00 IRRIGATION SLEEVES (6") (COMPLETE ) (INCLUDES OMNI BALL/PAN TONE PURPLE ENDS AND MAGNETIC LOCATING 591-1600 2 ,171 LF DEVICE ) $ 26 .00 $ 60,788 .00 cc 126-1 18 ,666 CY MEDIAN BACK FILL FOR LANDSCAPE (16 Inch Depth ) $ 26 .00 $ 522 ,648 .00 "-'-,,...,v-i,l..' 1 FI XED ll<UA U VVAr ll r.M::,A ,I"' " $ 5,000,000.00 $ 5,000,000.00 GA1c1.:1uKY I-·-·-1u1AL $129,799,312,19 CATE~QRY II -~l~NIN~ AND PAVEMENT MARKIN~~ 523-1 -3 48 SY PATTERENED PAVEMENT, GREEN BIKE LANE $ 90 . .:34 $ 4,336 .32 700-1-11 104 AS SINGLE POST SIGN , F&I GROUND MOUNT. UP TO 12 SF $ 427 .00 $ 44 ,408 .00 700-1 -12 10 AS SINGLE POST SIGN , F&I GROUND MOUNT, 12-20 SF $ 1,682 .00 $ 16 ,820 .00 700-1 -13 8 AS SINGLE POST SIGN , F&I GROUND MOUNT, 21-30 SF $ 1,977.00 $ 15 ,816 .00 700-1-14 2 AS SINGLE POST SIGN, F&I GROUND MOUNT, 31+ SF $ 2,141 .00 $ 4 ,282 .00 700-1-50 1 AS SINGLE POST SIGN , RELOCATE $ 250 .00 $ 250 .00 700-1-60 22 AS SINGLE POST SIGN , REMOVE $ 20 .00 $ 440 .00 700-2-12 3 AS MUL Tl-POST SIGN , F&I GROUND MOUNT, 12-20 SF $ 3,897 .00 $ 11 ,691 .00 700-2-13 3 AS MULTI-POST SIGN , F&I GROUND MOUNT, 21 -30 SF $ 4 ,720 .00 $ 14,160.00 700-2-60 1 AS MUL Tl -POST SIGN , REMOVE $ 800 .00 $ 800 .00 700-3-101 5 EA SIGN PANEL , FURNISH & INSTALL GROUND MOUNT, UP TO 12 SF $ 321 .00 $ 1,605 .00 ELECTRONIC DISPLAY SIGN , FURNISH & INSTALL GROUND 700-11 -231 5 AS MOUNT-SOLAR POWER , SPEED FEEDBACK, 12-20 SF $ 23 ,500 .00 $ 117 ,500 .00 705-10-1 10 EA OBJECT MARKER TYPE 1 $ 180 .00 $ 1,800.00 OBJECT MARKER TYPE 4 : QUANTITY BREAKDOWN IS SHOWN ON 705-10-4 2 EA THE GENERAL NOTES SHEET . TOTAL IS 14 EA $ 180 .00 $ 360 .00 710-90. 1 LS PAINTED PAVEMENT MARKINGS, FINAL SURFACE $ 147,578 .97 $ 147 ,578 .97 . 5,602 EA RETRO-REFLECTIVE PAVEMENT MARKERS (W /R) . 925 EA RETRO-REFLECTIVE PA VEMENT MARKERS (Y/Y) . 521 EA RETRO-REFLECTIVE PA VEMENT MARKERS (M/D Y) •THESE QUANTITIES ARE PAID FOR UNDER PAINTED PAVEMENT MARKINGS , STANDARD , WHITE , SOLID , 12 " PAINTED PAVEMENT MARKINGS (FINAL . 4 ,002 LF FOR CROSSWALK AND ROUNDABOUT SURFACE), LUMP SUM-ITEM NO . 710-90 . PAINTED PA V EMENT MARKINGS , STANDARD , WHITE , SOLID , 18" THE QUANTITIES SHOWN ARE FOR ONE . 5,256 LF FOR DIAGONAL OR CHEVRON APPLICATION ; SEE SPECIFICATION 710 FOR PAINTED PAVEMENT MAR KINGS , STANDARD, WHITE , SOLID , 24 " THE NUMBER OF APPLICATIONS . 3,669 LF FOR STOP LINE AND CROSSWALK REQU IRED . PAINTED PA V EMENT MAR KINGS , STA NDARD , WHITE , 2-4 DOTTED . 2 .682 GM GUIDELINE/ 6-10 GAP EXTENSION , 6" PAINTED PAVEMENT MA RKINGS , STANDARD , WHITE , MESS A GE . 14 EA OR SYMBOL . 201 EA PAINTED PA V EMENT MARKINGS , STANDARD , WHITE , ARROW . 72 LF PAINTED PA V EMENT MAR KINGS , STANDARD, WHITE , YIELD LINE PAINTED PAVEMENT MARKINGS , STANDARD , MESSAGE OR . 85 EA SYMBOL , BIKE LANE . 85 EA PAINTED PAVEMENT MARKINGS , STANDARD , ARROW, BIKE LANE PAINTED PAVEMENT MARKINGS , STANDARD, YELLOW, SOLID , "THESE QUANTITIES ARE PAID FOR UNDER . 2,994 LF 18" FOR DIAGONAL OR CHE V RON PAINTED PAVEMENT MARKINGS (FINAL PAINTED PAVEMENT MARKINGS , STANDARD, YELLOW, 2-4 SURFACE), LUMP SUM-ITEM NO. 710-90 . . 1.288 GM DOTTED GUIDE LINE /6-10 DOTTED EXTENSION LINE , 6" THE QUANTITIES SHOWN ARE FOR ONE PA INTED PA VEMENT MA RKINGS , STANDARD , WHITE , ISLAND APPLICATION ; SEE SPECIFICATION 710 FOR THE NUMBER OF APPLICATIONS . 22 SF NOSE REQUIRED . . 31 .785 GM PAINTED PA V EMENT MARKINGS , STANDARD, WHITE , SOLID , 6" . 2.688 GM PAINTED PA V EMENT MARKINGS , STANDARD , WHITE , SOLID , 8" PAINTED PA V EMENT MAR KI NGS , STANDARD , WHITE , SKIP , 6", 10-. 21 .072 GM 30 SKIP OR 3-9 LANE DROP PAINTED PA V EMENT MA RK INGS , STANDARD , WHITE , SKIP , 12", 3-. 0 .115 GM 9 LANE DROP . 20.421 GM PA INTED PAVEMENT MARKINGS , STANDARD , YELLOW , SOLID , 6" . 0 .252 GM PAINTED PAVEMENT MARKINGS , STANDARD, YELLOW, SKIP , 6" PAINTED PA V EMENT MARKINGS , STA NDARD , YELLOW , ISLAND . 162 SF NOSE THERMOPLASTIC , STANDARD , WHITE , SOLID, 12" FOR 711-11-123 4,001 LF CROSSWALK AND ROUNDABOUT $ 2.82 $ 11 ,283 .95 THERMOPLASTIC , STANDARD , WHITE , SOLID , 18 " FOR 711-11-124 5 ,236 LF DIAGON ALS AND CHE VRONS $ 4 .23 $ 22 ,148.28 THERMOPLASTIC , STANDARD , WHITE , SOLID , 24 " FOR STOP LINE 711-11-125 3,669 LF AND CROSSWALK $ 5.64 $ 20 ,693 .72 THERMOP LA ST IC , STANDA RD , WHITE , 2-4 DOTTED GUIDELINE/6- 711-11-141 2 .633 GM 10 GAP EXTENSION , 6" $ 2 ,281 .15 $ 6 ,006.27 711-11 -160 14 EA THERMOPLASTIC , STANDARD , WHITE , MESSAGE OR SYMBOL $ 66 .99 $ 937 .86 711-11-170 201 EA THERMOPLASTI C , STA NDARD , WHITE , A RROW $ 52 .78 $ 10,608 .78 711-11 -180 72 LF THERMOPLASTIC , STANDARD, WHITE , YIELD LINE $ 9.14 $ 658 .08 THERMOPLASTIC , STANDARD, YELLOW, SOLID , 18" FOR 711 -11 -224 2,994 LF DIAGONAL OR CHEVRON $ 4 .23 $ 12,665 .04 THERMOPLASTIC , STANDARD, YELLOW, 2-4 DOTTED GUIDE LINE 711 -1 1-241 1.299 GM /6-10 DOTTED EXTENSION LINE , 6" $ 2 ,285 .51 $ 2 ,968 .88 THERMOPLASTIC , STANDARD-OTHER SURFACES WHITE, SOLID, 711-16-101 31 .586 GM 6" $ 4 ,085 .89 $ 129 ,056 .92 THERMOPLASTIC , STANDARD-OTHER SURFACES , WHITE , SOLID , 711-16-102 2 .688 GM 8" $ 5,450 .54 $ 14,651 .05 THERMOPLASTIC , STANDARD-OTHER SURFACES , WHITE , SKIP , 711-16-131 21 .013 GM 6", 10-30 SK IP OR 3-9 LANE DROP $ 1,020 .94 $ 21,453 .01 0 THERMOPLASTIC , STANDARD-OTHER SURFACES, WHITE , SKIP, 711-16-133 0.115 GM 12", 3-9 LANE DROP $ 2,130 .96 $ 245.06 THERMOPLASTIC, STANDARD-OTHER SURFACES , YELLOW, 711-16-201 20 .237 GM SOLID, 6" $ 4 ,085 .98 $ 82,687 .98 THERMOPLASTIC , STANDARD-OTHER SURFACES , YELLOW, SKIP , 711-16-231 0 .252 GM 6" $ 1,012 .98 $ 255 .27 713-103-101 0 .260 GM PERMANENT TAPE , WHITE , SOLID, 6" FOR CONCRETE BRIDGES $ 32,625 .15 $ 8,482 .54 PERMANENT TAPE , WHITE , SKIP /DOTTED , 6" FOR CONCRETE 713-103-131 0.131 GM SURFACES $ 8,094 .27 $ 1,060 .35 713-103-201 0.195 GM PERMANENT TAPE , YELLOW, SOLID , 6" FOR CONCRETE BRIDGES $ 31,788.62 $ 6 ,198.78 PERMANENT TAPE, BLACK, SKIP /DOTTED , 6" FOR CONCRETE 713-103-331 0 .131 GM SURFACES $ 8,094 .27 $ 1,060.3 5 ..,.., .......... -...... , .. 1 FI XED :,JL,l'lll'IL, rn'I U l'AVl:Ml:N l ~~ALLU "·~~ $ 50,000.00 $ 50,000.00 1,;A I ~'-'v" II -.:>11.>NINI.> & ,--,..v't:Mt:N I IUfAL $784,969.46 CATE!:.?ORY Ill -~IGNALS 630-2-11 38 ,666 LF CONDUIT , FURNISH & INSTALL , OPEN TRENCH $ 26.90 $ 1,040 ,115.40 630-2-12 1,075 LF CONDUIT , FURNISH & INSTALL , DIRECTIONAL BORE $ 72 .23 $ 77,647 .25 632-7-1 4 Pl SIGNAL CABLE, NEW OR RECONSTRUCTED INTERSECTION , F&I $ 13,447.61 $ 53 ,790.44 633-1-121 530 LF FIBER OPTIC CABLE , F&I , UNDERGROUND ,2-12 FIBERS $ 6 .11 $ 3,238.30 633-1-122 41 ,91 1 LF FIBER OPTIC CABLE , F&I , UNDERGROUND ,13-48 FIBERS $ 7 .13 $ 298 ,825 .43 633-2-31 78 EA FIBER OPTIC CONNECTION , INSTALL, SPLICE $ 61 .13 $ 4,768 .14 FIBER OPTIC CONNECTION HARDWARE , F&I, SPLICE 633-3-11 7 EA ENCLOSURE $ 794 .63 $ 5,562.41 633-3-12 9 EA FIBER OPTIC CONNECTION HARDWARE , F&I , SPLICE TRAY $ 50 .94 $ 458.46 FIBER OPTIC CONNECTION HARDWARE , F&I , PRETERMINATED 633-3-13 20 EA CONNECTOR ASS EMBLY $ 81 .50 $ 1,6 30 .00 FIBER OPTIC CONNECTION HARDWARE , F&I , PRETERMINATED 633-3-15 5 EA PATCH PANEL $ 1,579 .08 $ 7 ,895 .40 MULTI-CONDUCTOR COMMUNICATION CABLE -POWER OVER 633-8-1 285 LF ETHERNET, F&I $ 6 .11 $ 1,741 .3 5 635-2-11A 23 EA PULL & SPLICE BOX , F&I , 13"x24" COVER SIZE $ 937 .26 $ 21 ,556 .98 635-2-118 95 EA PULL & SPLICE BO X, F&I , 17"x 30 " COVER SIZE $ 1,141 .01 $ 108 ,395 .95 635-2-12 68 EA PULL & SPLICE BOX , F&I , 24 "x 36" COVER SIZE $ 1,93 5.64 $ 131 ,623 .52 PULL & SPLICE BOX, F&I , 30 " X 60" RECTANGULAR OR 36" ROUND 635-2-13 6 EA COVER SIZE $ 4 ,564 .04 $ 27 ,384 .24 ELECTRICAL POWER SERVICE , F&I, UNDERGROUND , METER 639-1-122 4 AS PURCHASED BY CONTRACTOR $ 2,231 .08 $ 8 ,924 .32 639-2-1 475 LF ELECTRICAL SER V ICE WIRE , F&I $ 5.60 $ 2,660 .00 639-3-11 5 EA ELECTRICAL SERVICE DISCONNECT, F&I , POLE MOUNT $ 886 .32 $ 4,431 .60 639-6-1 1 EA ELECTRICAL POWER SERVICE , TRANSFORMER , F&I $ 8,150 .07 $ 8,150 .07 641-2-12 4 EA PRESTRESSED CONCRETE POLE , F&I , TYPE P-II SERVICE POLE $ 1,894 .89 $ 7 ,579 .56 646-1-11 24 EA ALUMINUM SIGNALS POLE , F&I , PEDESTAL $ 1,966 .20 $ 47,188 .80 646-2-130 2 EA ALUMINUM POLE , INDEX 695-001 , FURNISH AND INSTALL , 30' $ 5,654 .11 $ 11,308 .22 STEEL MAST ARM ASSEMBLY , FURNISH AND INSTALL, SINGLE 649-21-6 2 EA ARM 50' (W/L uminaire ) $ 99 ,634 .55 $ 199 ,269 .10 STEEL MAST ARM ASSEMBLY , FURNISH AND INSTALL, SINGLE 649-21-10 3 EA ARM 60' (W/L uminaire ) $ 107 ,784.62 $ 323 ,353 .86 STEEL MAST ARM ASSEMBLY , FURN IS H AND INSTALL, SINGLE 649-21-15 5 EA ARM 70' (W/Luminaire ) $ 115 ,934 .68 $ 579 ,673.40 STEEL MAST ARM ASSEMBLY , FURNISH AND INSTALL, SINGLE 649-21-21 2 EA ARM 78' (W/Luminaire ) $ 151 ,387.47 $ 302 ,774.94 TRAFFIC SIGNAL , FURNISH & INSTALL ALUMINUM , 3 SECTION , 1 650-1-14 24 AS WAY $ 1,609 .64 $ 38,631.36 TRAFFIC SIGNAL, FURNISH & INSTALL ALUMINUM , 4 SECTION , 1 650-1-16 9 AS WAY $ 2,791.40 $ 25,122.60 650-1-60 1 AS VEHICULAR TRAFFIC SIGNAL , REMOVE-POLES TO REMAIN $ 36 6 .75 $ 366 .75 VEHICULAR TRAFFIC SIGNAL , RELOCATE -INCLUDES REMO VA L 650-1 -7 0 4 AS AND REINSTALLING $ 1,141 .01 $ 4,564 .04 PEDESTRIAN SIGNAL , FURNISH & INSTALL LED COUNTDOWN , 1 653-1-11 24 AS WAY $ 937 .26 $ 22,494 .24 660-1-109 13 EA LOOP DETECTOR , INDUCTIVE , F&I , TYPE 9 $ 580 .69 $ 7,548 .97 660-2-106 24 AS LOOP ASSEMBLY , F&I , TY PE F, 6' X 40' $ 1,813 .39 $ 43 ,52f36 660-2-106D 2 AS LOOP ASSEMBLY , F&I , TYPE F (MOD , BIKE ), 3' X 20' $ 1,660 .58 $ 3,321.16 VEHICLE DETECTION SYSTEM-MICROWAVE , F&I , CABINET 660-3-11 8 EA EQUIPMENT $ 9,270 .70 $ 74 ,165.60 VEHICLE DETECTION SYSTEM-MICROWAVE, F&I , ABOVE 660-3-12 5 EA GROUND EQUIPMENT $ 17,420 .77 $ 87 ,103 .85 SIGNAL PRIORITY AND PREEMPTION SYSTEM , F&I , OPTICAL , 663-1 -111 3 EA CABINET ELECTRONICS $ 11 ,511 .97 $ 34 ,535 .91 SIGNAL PRIORITY AND PREEMPTION SYSTEM , F&I , OPTICAL , 663-1-112 11 EA DETECTOR $ 5,684 .67 $ 62 ,531 .37 665-1 -11 24 EA PEDESTRIAN DETECTOR, F&I , STANDARD $ 427 .88 $ 10,269 .12 0 TRAFFIC CONTROLLER ASSEMBLY, F&I , NEMA , ONE 670-5-111 3 AS PREEMPTION $ 50 ,530.41 $ 151,591 .23 670-5-400 1 AS TRAFFIC CONTROLLER ASSEMBLY, MODIFY $ 4 ,278.78 $ 4 ,278 .78 ITS CCTV CAMERA, F&I , DOME PTZ ENCLOSURE-PRESSURIZED , 682-1-113 6 EA IP, HIGH DEFINITION $ 9 ,932 .89 $ 59 ,597 .34 682-2-11 3 EA VIDEO DISPLAY EQUIPMENT, RELOCATE $ 1,752 .26 $ 5,256 .78 684-1 -1 8 EA MANAGED F IELD ETHERNET SWITCH , F&I $ 5,603.17 $ 44 ,825 .36 684-2-1 1 EA DEVICE SERV ER , F&I $ 10 ,391 .33 $ 10 ,391 .33 685-1-11 1 EA UNINTERUPTIBLE POWER SUPPLY, F&I, LINE INTERACTIVE $ 8,812 .26 $ 8,812 .26 UNINTERUPTIBLE POWER SUPPLY, F&I , LINE INTERACTIVE WITH 685-1-13 3 EA CABINET $ 19,814 .85 $ 59,444 .55 TRAFFIC MONITORING SITE NON-INTRUSIVE VEHICLE SENSOR- 695-2-1 2 EA NON-WEIGHT, FURNISH & INSTALL $ 13 ,549.49 $ 27 ,098 .98 TRAFFIC MONITORING SITE SOLAR POWER UNIT, FURNISH & 695-5-1 1 EA INSTALL $ 6 ,265 .36 $ 6,265 .36 TRAFFIC MONITORING SITE CABINET, FURNISH & INSTALL, TYPE 695-7-133 2 EA 3, POLE MOUNT $ 11 ,766 .66 $ 23 ,533 .32 TRAFFIC MONITORING SITE COMMUNICATIONS MODEM FURNISH 695-8-11 2 EA &INSTALL $ 2,699 .71 $ 5,399.42 INTERNALLY ILLUMINATED SIGN , FURNISH & INSTALL OV ERHEAD 700-5-22 12 EA MOUNT, 12-18 SF $ 9,494 .83 $ 113 ,937 .96 '--'--'J:J U-~J\ .• J 1 FI XED '"""'"L::> ALLUWANU :. $ 100,000.00 $ 100,000.00 I.A I i::uv" 1 Ill -SIGNALS Iv 11\L $4,3 14,556.14 CATEgQRY JV-LJgHTJNG 630-2-11 3,176 LF LIGHTING CONDUIT, F&I , OPEN TRENCH $ 15 .69 $ 49,831.44 635-2-11 36 EA PULL & SPLI C E BO X, F&I , 13 "X24 " COVER SIZE $ 1,293 .82 $ 46 ,577 .52 ELECTRICAL POWER SER V ICE , F&I , UNDERGROUND , METER 639-1-122 6 AS PURCHASED B Y CONTRACTOR $ 1,813 .39 $ 10 ,880 .34 PRESTRESSED CONCRETE POLE , F&I , TYPE P-11 SER V ICE POLE , 641-2-12 6 EA 12' $ 1,894 .89 $ 11 ,369 .34 715-1-12 10,467 LF LIGHTING CONDUCTORS , F&I , INSULATE , NO . 8-6 $ 3.36 $ 35,169 .12 715-1 -13 1,570 LF LIGHTING CONDUCTORS , F&I , INSULATE , NO . 4-2 $ 6 .83 $ 10 ,723 .10 LIGHT POLE COMPLETE , F&I , POLE-35' (INCLUDES LED 715-4-12 25 EA LUM INA IRE) $ 14 ,058 .86 $ 351,471 .50 LUMINAIRE AND BRACKET ARM-ALUMINUM , F&I NEW LUMIN A IRE 715-5-31 12 EA AND ARM ON NEW / EXISTING POLE $ 5,195 .67 $ 62 ,348 .04 LOAD CENTER (F&I SECONDA RY VOLTAGE) (INCLUDES SER V ICE 715-7-11 6 EA WIRE TO POWER SUPPLY) $ 23,431.44 $ 140,588 .64 POLE CABLE DISTRIBUTION SYSTEM , CONVENTIONAL , COLLIER 715-500-1 25 EA COUNTY SPECIFICATIONS $ 804 .82 $ 20 ,120 .50 LL 7 ~u -Llu 1 FI XED I L l uM J ll'Ju ALLUW "' ,u ::. $ 20,000.00 $ 20,000.00 CA I~"'~" IV -LlliH 111.-, IV I AL $759,079 .54 CATE~QRY V -l2TRUCT!,1REl2 400-2-10 591 CY CONCRETE CLASS II , APPRO A CH SLABS $ 800 .00 $ 472 ,800 .00 CONCRETE CLASS II , BRIDGE SUPERSTRUCTURE (CAST-IN- 400-2-4 1,718 CY PLACE SLAB ) $ 1,000 .00 $ 1,718,000.00 400-4-5 344 CY CONCRETE CLASS IV , BR IDGE SUBSTRUCTURE $ 1,800 .00 $ 619 ,020 .00 400-7 2 ,399 SY BRIDGE DECK GROOV ING $ 10 .50 $ 25,189 .50 400-9 2,399 SY BRIDGE DECK PLANING $ 10 .50 $ 25 ,189 .50 400-148 38 CF PLAIN NEOPRENE BEARING PADS $ 1,800 .00 $ 68,400 .00 REINFORCING STEEL-BRIDGE SUPERSTRUCTURE (CA ST-IN- 415-1 -4 544 ,657 LB PLACE SLAB ) $ 1.50 $ 816 ,985 .50 415-1 -5 37 ,398 LB REINFORCING STEEL-BRIDGE SUBSTRUCTURE $ 1.75 $ 65,446 .50 415-1-9 110 ,532 LB REINFORCING STEEL-APPROACH SLABS $ 1.50 $ 165,798.00 455-34-3 6 ,705 LF PRESTRESSED CONCRETE PILING, 18" SQ . $ 200 .00 $ 1,341 ,000 .00 455-143-3 768 LF TEST PILES-PRESTRESSED CONCRETE , 18" SQ $ 350 .00 $ 268 ,800 .00 BRIDGE DECK EXPA NSION J OINT , NEW CONSTRUCTION , F&I 458-1-11 516 LF POURED JOINT WITH BACKER ROD $ 180.00 $ 92 ,880 .00 515-4-2 684 LF BULLET RAIL , DOUBLE RA IL $ 93 .41 $ 63,892.44 520-70 372 SY CONCRETE TR A FFIC SEPARATOR , SPECI AL-VARIABLE WIDTH $ 95 .00 $ 35,340 .00 521-6-11 684 LF CONCRETE PARAPET, PEDESTRIAN/BIC YCLE , 27" HEIGHT $ 150.00 $ 102,600.00 521 -5-13 1,022 LF CONCRETE TR A FFIC RA ILING-BRIDGE, 36" SINGLE SLOPE $ 105 .00 $ 107 ,310 .00 530-1-100 128 CY RIPRAP , SAND-CEMENT $ 650 .00 $ 83,200.00 530-3-3 7 ,970 TN RIPRAP-RUBBLE , BANK AND SHORE $ 150 .00 $ 1,195 ,500 .00 530-74 2 ,874 TN BEDDING STONE $ 100 .00 $ 287,400 .00 CONDUIT, FURNISH & INSTALL, EMBEDDED CONCRETE 630-2-16 2 ,143 LF BARRIERS AND TRAFFIC RAILINGS $ 12 .70 $ 27 ,216 .10 635-3-13 24 EA JUNCTION BOX, FURNISH & INSTALL, EMBEDDED $ 1,018 .76 $ 24,450 .24 L L ~~U-::>11< 1 FI XED ~ll<UL I Ul<r.::, ALLU ""'-"' $ 350,000.00 $ 350,000 .00 I.A I i::uv" 1 V -;:,. I fURES 1vfAL $7,956,4 17.78 0 CATEGORY VI -P!,!BLIC UTILITIES POTABLE WATER MAIN 8 INCH PVC C 900 DR -18 (F&I) (INCLUDES ALL RESTRAINTED WM -01 30 LF JOINTS) $ 125 .00 $ 3 ,750 .00 10 INCH PVC C900 DR-14 (F&I ) (INCLUDES ALL RESTRAINTED JOINTS) (NOTE : LARGER CLASS BECAUSE PIPE IS USED UNDER WM -02 112 LF RO A DWAY) $ 120 .00 $ 13,440 .00 12 INCH PVC C900 DR-1 8 (F&I ) (INCLUDES ALL RESTR A INTED WM-03 4 ,583 LF JOINTS ) $ 120 .00 $ 549,960 .00 WM -04 14 ,133 LF 16 INCH HOPE DR-11 (DIPS ) (F&I) $ 125 .00 $ 1,766 ,625 .00 WM-05 3 EA 10 INCH GATE VAL VE (F&I ) $ 4 ,000 .00 $ 12,000 .00 WM -06 6 EA 12 INCH GATE VA LV E (F&I) $ 5 ,000 .00 $ 30 ,000 .00 WM-07 18 EA 16 INCH GATE VAL V E (F&I ) $ 10,000 .00 $ 180 ,000 .00 WM-08 2 EA AIR REALEASE VAL V E FOR 12 INCH PIPE (F&I ) $ 2 ,000 .00 $ 4 ,000 .00 WM-09 11 EA AIR REALEASE VA LV E FOR 16 INCH PIPE (F&I ) $ 3,000 .00 $ 33 ,000 .00 HYDRANT ASSEMBL Y (F&I ) (COMPLETE) (INCLUDES TEE , VAL V E, WM-10 17 EA ADDITIONAL PIPE , FITTINGS , RESTRAINTS , ETC .) $ 10,000 .00 $ 170 ,000 .00 WM -11 1 EA PERMANENT BACTERIAL SAMPLE POINT FOR 12 INCH PIPE (F&I) $ 3,200 .00 $ 3,200 .00 WM-12 5 EA PERMANENT BACTER IAL SAMPLE POINT FOR 16 INCH PIPE (F&I ) $ 3,500 .00 $ 17 ,500 .00 SER V ICE METER (F&I ) (COMPLETE FROM SADDLE TA P TO RIGHT- WM-13 10 EA OF-WAY OR CONNECTION TO EXISTING SER V ICE) $ 2 ,500 .00 $ 25 ,000 .00 WM-14 6 TN FITTINGS AND ADD ITION AL RESTRA INTS (F&I ) $ 30 ,000 .00 $ 180 ,000 .00 CONNECTION (COMPLETE ) (INCLUDES ALL ADDITIONAL WM -15 7 EA FITTINGS , RESTRAINTS TO EX ISTING , VACUUM TRUCK(S), ETC .) $ 12 ,500 .00 $ 87,500 .00 FLOWABLE FILL OR GROUT (COMPLETE PER FOOT OR COLLIER WM -16 57 CY COUNTY SPECIFICATIONS) $ 450 .00 $ 25 ,650 .00 RESTOR ATION OF OLD V ANDERBILT BEACH ROAD (GREY HAWK WM-17 1 LS CONNECTION) (REPLACE IN-KIND) $ 12 ,500 .00 $ 12 ,500 .00 NON-POTABLE WATER MAIN 24 INCH PV C C905 DR-25 (F&I) (INCLUDES ALL RESTRA INTED NPW-01 92 LF JOINTS ) $ 350 .00 $ 32 ,200 .00 NPW-02 8,171 LF 18 INCH HOPE DR-11 (DIPS ) (F&I ) $ 120 .00 $ 980 ,520 .00 NPW-03 603 LF 30 INCH HOPE DR-11 (DIPS ) (F&I ) $ 350 .00 $ 211 ,050 .00 NPW-04 14 EA 18 INCH GATE VAL V E (F&I ) $ 20 ,000 .00 $ 280,000 .00 NPW-05 2 EA 24 INCH GATE VA LV E (F&I ) $ 26 ,500 .00 $ 53 ,000 .00 NPW-06 2 EA 30 INCH GATE VAL V E (F&I) $ 60 ,000 .00 $ 120,000 .00 NPW-07 5 EA AIR REALEASE VA LVE FOR 18 INCH PIPE (F&I) $ 2 ,500 .00 $ 12 ,500 .00 NPW-08 2 EA AIR REALEASE VA LVE FOR 30 INCH PIPE (F&I ) $ 4 ,500 .00 $ 9,000 .00 NPW-09 10 TN FITT INGS A ND ADDITIONA L RESTRAINTS (F&I) $ 30 ,000 .00 $ 300,000 .00 CONNECTION (COMPLETE) (INCLUDES ALL ADDITIONAL NPW-10 14 EA FITTINGS , RESTRAINTS TO EXISTING , VACUUM TRUCK(S), ETC .) $ 15,000 .00 $ 210 ,000 .00 HORZ. DIRECTIONAL DR ILL FOR 30 INCH HOPE DR-11 (DIPS) (COMPLETE ) (INCLUDES PIPE , CONNECTIONS , TR ACKING WIRE , NPW-11 500 LF ETC .) $ 1,000 .00 $ 500,000 .00 FORCE MAIN 10 INCH PVC C900 DR -18 (F&I) (I NCLUDES ALL RESTR A INTED FM-01 340 LF JOINTS) $ 145 .00 $ 49 ,300 .00 FM -02 1 EA 10 INCH PLUG VAL V E (F&I ) $ 4 ,500 .00 $ 4 ,500 .00 FM-03 1 EA AIR REALEASE VALVE FOR 10 INCH PIPE (F&I ) $ 8,500 .00 $ 8,500 .00 FM -04 1 TN FITTINGS AND ADDITIONAL RESTRAINTS (F&I ) $ 25 ,000 .00 $ 25 ,000 .00 CONNECTION (COMPLETE ) (INCLUDES ALL ADDITION A L FM -05 2 EA FITTINGS , RESTRA INTS TO EXISTING , VACUUM TRUCK(S), ETC .) $ 10 ,000 .00 $ 20 ,000.00 SCADA AND ELECTRICAL 630-2-11 18 ,603 LF CONDUIT , FURNISH & INSTA LL , OPEN TRENCH $ 28 .93 $ 538 ,184 .79 630-2-12 3,677 LF CONDUIT , FURNISH & INSTA LL, DIRECTIONAL BORE $ 51 .85 $ 190 ,652.45 CONDUIT , FURNISH & INSTA LL , DIRECTIONAL BORE (AT CURRY 630-2-12 · 410 LF CANAL) $ 532 .30 $ 218,243 .00 633-1-121 2 ,882 LF FIBER OPTIC CABLE , F&I , UNDERGROUND,2-12 FIBERS $ 6 .11 $ 17 ,609 .02 6 33 -1-124 28 ,936 LF FIBER OPTIC CABLE , F&I , UNDERGROUND, 97 • 144 FIBERS $ 10 .19 $ 294 ,857 .84 633-2-31 168 EA FIBER OPTIC CONNECTION , INSTALL, SPLICE $ 61 .13 $ 10,269 .84 FIBER OPTIC CON NECT ION HARDWARE , F&I , SPLI CE 633-3-11 30 EA ENCLOSURE $ 794 .63 $ 23 ,838 .90 63 3-3-12 30 EA FIBER OPTIC CONNECTION HARDWARE , F&I , SPLICE TRAY $ 50 .94 $ 1,528 .20 FIBER OPTIC CONNECTIO N HA RDWARE , F&I , PRETERMINATED 633-3-13 180 EA CONNECTOR ASSEMBLY $ 81 .50 $ 14 ,670 .00 FIBER OPTIC CONNECTIO N HA RDWARE, F&I , PRETERMINATED 633-3-15 32 EA PATCH PA NEL $ 1,579 .08 $ 50 ,530 .56 635-2-12 21 EA PULL BO X, F&I , 24 " X 36 " CO V ER SIZE , FIBER $ 1,956 .02 $ 41 ,076.42 SPLICE VAULT , F&I, 30 " X 60" RECTANGULAR OR 36" ROUND 635-2-13 7 EA CO V ER SIZE , F IBER $ 4 ,564 .04 $ 31,948 .28 HS-20 SPLICE VAULT , F&I , 30" X 60" RECTANGU LAR OR 36" 635-2-101 6 EA ROUND COVER SIZE , FIBER $ 5,114 .17 $ 30 ,685 .02 635-2-108 11 EA 639-2-1 2 ,920 LF 639-3-11 1 EA 633-1-122 2 ,882 LF 633-2-31 372 EA 633-3-12 30 EA 633-3-13 180 EA 633-3-15 32 EA 676-3-10 12 EA ..._ ..... ..,..,v-Ull 1 FI XE D 110-1-1 0.30 AC 104-10-3 1,270 LF 104-11 290 LF 120-1 1,455 CY 160-4 658 SY 522-2 78 .0 SY 530-3-1 508 TN 530-3-4 125 TN 570-1-2 1,465 SY 999-1 5,630 SF 999-2 5 EA <...<... ~OU-l<Nll' 1 FI XED HS-20 PULL BO X, F&I , 24" x 36" COVER SIZE , ELECTRICAL & FIBER ELECTRICAL SERVICE WIRE, FURNISH & INSTALL ELECTRICAL SERVICE DISCONNECT, F&I , POLE MOUNT SECURITY CAMERAS FIBER OPTIC CABLE , F&I , UNDERGROUND,13-48 FIBERS FIBER OPTIC CONNECTION , INSTALL, SPLICE FIBER OPTIC CONNECTION HARDWARE , F&I , SPLICE TRAY FIBER OPTIC CONNECTION HARDWARE, F&I, PRETERMIN ATED CONNECTOR ASSEMBLY FIBER OPTIC CONNECTION HARDWARE, F&I, PRETERMIN ATED PATCH PANEL SMALL EQUIPMENT ENCLOSURE, INSTALL, >10" W x 13" H x 11" D VVL...i>..., UllL.Jlu .. ,....,s ~._,L.o.._,, .. ,~~ CAI t:l>UKY VI -PUBLIC U I lilt:::. IUfAL CATEGORY VII -BOAT RAMPS CLEARING AND GRUBBING (CURRY , CORKSCREW, ORANGE TREE CANAL) SEDIMENT BARRIER -STAKED SILT FENCE FLOATING TURBIDITY BARRIER REGULAR EXCAVATION (INCLUDES RE -GRADED STABILIZED MAINTENANCE BERM) SUB-GRADE STABILIZATION WITH 12" GRAVEL SUB-BASE (INCLUDES WOVEN FILTER FABRIC) RAMP CONCRETE APPROACH SLAB TYPE 'A' RIP-RAP SCOUR PROTECTION (INC LUDES GEOTEXTILE FABRIC AND 6" BEDDING) TYPE 'D' RIP-RAP SCOUR PROTECTION (INC LUDES GEOTEXTILE FABRIC AND 6" BEDDING ) PERFORMANCE TURF (SOD) ARTICULATED CONC . MAT (BOAT RAMP) (F&I) (INCL GEOGRID , GEOTEXTILE , BEDDING STONE ) ACCESS SWING BARRIER GATE (20 FT-BLACK COATED) (INC L. POST FTGS , HARDWARE & OM4 -1 SIGNS-2 EA) , OUA l l<J-\Nll~ ALLUv 'ANU:: CA I CCUV" VII -t:IUA I KAMt'::, I u f AL BID SUMMARY CATEGORY I -ROADWAY TOTAL CATEGORY II-SIGNING & PAVEMENT MARKINGS TOTAL CATEGORY Ill -SIGNALS TOTAL CATEGORY IV-LIGHTING TOTAL CATEGORY V -STRUCTURES TOTAL CATEGORY VI -PUBLIC UTILITIES TOTAL $ 2,750.65 $ 30 ,257 .15 $ 376 .94 $ 1,100,664 .80 $ 2 ,546 .90 $ 2,546 .90 $ 7 .13 $ 20,548 .66 $ 61 .13 $ 22,740 .36 $ 50 .94 $ 1,528 .20 $ 81.50 $ 14 ,670.00 $ 1,579.08 $ 50,530.56 $ 5,042 .85 $ 60,514.20 $ 300,000.00 $ 300,000.00 $ 8,997,790.15 $ 25,000 .00 $ 7,500 .00 $ 2.00 $ 2,540 .00 $ 18 .00 $ 5,220 .00 $ 10.00 $ 14 ,550 .00 $ 35 .00 $ 23 ,014.44 $ 350 .00 $ 27,300.00 $ 140 .00 $ 71,120 .00 $ 150 .00 $ 18,750 .00 $ 4 .00 $ 5,860 .00 $ 28 .00 $ 157 ,640 .00 $ 4 ,876 .04 $ 24,380 .20 $ 30 ,000.00 $ 30,000.00 $387,874.64 $129,799,312.19 $784,969.46 $4,314,556 .1 4 $759,079.54 $7,956,417.78 $8,997,790.15 CATEGORY VII -BOAT RAMPS TOTAL $387,874.64 ----------------1 I PROJEc.;T TOTAL $152,999,999.91 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: [2022_ver .3] Emal : Kristofer .Lopez@x>lliercountyfl.gov Telephone: (239) 252-8375 Procurement Serv ices Div ision Addendum#1 Ocie: 4/22/2022 FrCl1l: Kristofer Lopez, Senior Procurement Strciegist l nteresta:t Bidders To: Subject: Addendum #1 Solicitciion #22-7976 Proja:;t No . 60168 Va,derbilt Bea::h Roa::l Extension The following da'ificaionsaeiss..e:t asa, a::ldendum ident ifying the following daificaion totheSX>pe of work, cha,ges, deletions, or a::tditionstotheorigina oolicitciion document forthere!erenca:t oolicitaion: 1. Revi!:m Sol i citaion Uploa::la:t-lns.ira,c:e R8luirements ha1e been revisoo 2. Revi!:m Bid Schajule Uploa::laj , titlaj: 22-7976 Bi d S:ha:tule Revi!:m 4 .22 .22 3. Exhibit M .1A Pla,s ROcrlNay Revision has been uploa::la:t 4. Exhibit M .6A Pla,s Utilities Revision has been uploa::la:t 5. Exhibit J.6 &lpplementa ~OCADA hasbeen uploa::laj 6. Exhibit L Sta,dad DEtals-Pa'oo Report has been uploa::la:t 7. FA.. Work S:ha:tu l e-FFt Pl a,s ha..ie been uploa::la:t 8. Cornea& Work Scha:tul e -Roa::lway P1 a,s w/ Comca& ha..ie been upl oa::laj 9. L um in-Century Link Work S:ha:tule -Roa::lway P1a,sw/ Century Link ha..ie been uploa::la:t 10 . Ta::o Work Schajule-Roa::lway P1c11sw/ TECO have uploa::laj 11 . Pre-Bid Sign in Sheas have been uploa::la:t with Addendum #1 If you r~uirea::lditiona inforrraion, plESSe JX)st a question on our Bi d Sync (www .bi ds,y oc.com) bi dding plciform under the oolicita ion for this project . Please sig1 below and return a copy cl this Addendum with your 9.Jbmlttal for the above referenoactsa~ (Sgna~i:i;epresen lal,ve -~-:-~ 9 -' 2 - 2 ---- Sacyr Construction USA LLC (Nane of Fl rm) eof:r County ..... ~ Lew Email : Kristofer.Lopez(akolliercountyfl.gov Telephone: (239) 252-8375 Procurement Services Division Date: From: To: Addendum #2 5!2/2022 Kristofer Lopez, Senior Procurement Strategist Interested Bidders Subject: Addendum #2 Solicitation #22-7976 Project No. 60168 Vanderbilt Beach Road Extension The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: I . Revised Bid Schedule Uploaded, titled : 22-7976 Bid Schedule Revised 4.22.22 2. Exhibit M2. I Signing Pavement Markings Revision 4 .29.22 has been uploaded 3. Key Sheet Revision 4.29.22 has been uploaded If you require additional information, please post a question on our Bid Sync (www,b id syn££om) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation . . ~· ... •· · --· · · .· => _0_51_19_/_22 __ _ (Signature) Enrique Alonso Zuf\lga, Authorized Representative Date Sacyr Construction USA LLC (Name of Finn) Email : Kristofer.Lopez@colliercountyfl .gov Telephone: (239) 252-8375 Procurement Services Division Date: From: To: Addendum #3 5/13 /2022 Kristofer Lopez, Senior Procurement Strategist Interested Bidders Subject: Addendum #3 Solicitation #22-7976 Project No. 60168 Vanderbilt Beach Road Extension The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: I. Revised Bid Schedule uploaded : 22-7976 Bid schedule Revised 5-12-22 a. Added Pay Items I 08-1 and 108-2 2. Exhibit I Supplemental Tenns and Conditions 5-12 uploaded 3. Exhibit L Canal Relocation and Boat Ramps, Collier Co Geotech Report uploaded 4. Pre-Bid Sign in sheet uploaded- Attached to addendum #3 If you require additional information , please post a question on our Bid Sync (www.b id§:_y nc .corn) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicttati~ ~ 05/19/22 (Signature) Enrique Alonso Zuniga, Authorized Representative Date Sacyr Construction USA LLC (Name of Firm) Director, Procurement Services Di v1~10n FORM 1 -BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Project No . 60168 --Construction Services for Vanderb ilt Beach Road Extension BID NO. 22-7976 Full Name of Bidder Sacyr Construction USA LLC ----------------------------- Ma in Business Address 3191 Coral Way-Suite 510, Miami FL 33145 Place of Business Miami Telephone No. 786 773 5847 --------------------- Fax No ._n_/_a ______ _ State Contractor's License µ CGC1528154 -------~--------------------- St ate of Florida Certificate of Authority Document Number_M_1_S_0_0_0_0_0_4_8_1_0 __________ _ Federal Tax Identification Number 61-1753336 -------------------------- DUNS # 079853819 CCR# ________ Ca ge Code _7_E_9_G_3 ____ _ To : BOARD OF COU NTY COMMISSION ERS OF COLLIER CO UN TY, FLORIDA (here inafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed fonn of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided In no more than two decimal points, and in the case where further decimal points are Inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten ( I 0) ca lendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents . The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds arc not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds w ithin the required time period . In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it foils to execute and deliver the Agreement, Insurance Certificates. and Bonds as required hereunder. The Construction Solicitation Doc rev 02-21-20 Successful Bidder hereby expressly waives and relinquishes any right which it may have 10 seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execu te and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work a t the site within five (5) calendar days from the commencement date stipulated in the written Notice tu Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Thousand and Eighty (1,080) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent ~~~ Signature: Enrique Alonso Zuniga Title: Authorized Representative Date: May 19, 2022 Construction Solicitation Doc rev 02-21-20 FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Project No . 60168 -Construction Services for Vand erbi l t Beach Road Extension Bid No. 22-7976 Name Joe Cothran Faraz Alavi Construction Solicitation Doc rev 02-21-20 Personnel Category Construction Superintendent Project Manager .__ _______ ~_F_O_R_M_3_-_M_A_T_E_R_IA_L_M_A_N_U_FA_C_T_U_R_E_R_S ____ ,~---~-] THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bi dders s,all confirm by signaure tha they w i ll provide the ma,ufa:turers a-id mae-ials outlined in this Bid specificaions, includ i ng compl i aicewith Flori da Staute 255 ,20 to prov i de lumber, timbEr c11d other forest products produced and manufa::tured intheStaeof Floridaaslong as the price, fi tness and quality a-eEqual . ExCEptions(when Equas ere axepta>le) ma,, be rEquested by completing the Maa-ial Maiufa::ture-ExCEption List baow. If an exCEption for a manufa:turer aid/or material is proposed and listed baow and i s not approved by Engineer/Project Ma,ager, Bidder s,all fum is, themaiufcciurer ncmed inthespecificaion . Accepta,ceof this form does not comtitute accepta,ce of material proposed on this l i st . Complete and sign~i onA O RB . Section A (Accepta,ce of all ma,ufcciures a,d materials in Bid specifi caions) On behalf of my firm , l confirm thci we will use all maiufcciurers and maerialsas specifically outlined i n the Bid specificaions. Ocie: May 19, 2022 Seaion B (Excepti on ra:iuestErl to Bid specificaions maiufcciurers c11d maeri als) EXC EPTI ON MATERI AL EXCEPT I ON MANU FA CT URER 1. 2. 3. 4 . 5. A ease insert additional pages as necessay . Compa,y: _________________________ _ Sgnaure: ____________________ _ Dae __ _ Construction Solicitation Doc rev 02-21 -20 0 FORM 4 -LIST OF MAJOR SUBCONTRACTORS _______________ ......., THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the followin g is a li s t of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications . The undersigned acknowledges tis responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 20 I 7-08 and Section 15 of Instructions to Bidders) and meet all lega l requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner. which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and m accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above . Major Category of Work Subcontractor and Address I. 2. Electrical . 1-.~_._lL~Lk..N.llKJ~L..t:!...D 3 . 4 . 5 . Mechanical Plumbin Site Work Id entify other subcontractors that represent more than I 0% of price or that affec t th e cri tic al ath ofrhe schedule Company: Sac~ion USA LLC .. _ _· Signature: .. :::::.~~ Enrique Alonso Zuniga , Authorized Representative Construction Solic1tation Doc rev 02-21-20 Date: May 19, 2022 FORMS -STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the tenns of the Agreement. I. 2. 3 . SR 82 from Alabama Rd . to Homestead Rd . S FOOT_ o1 (project name) Florida (project locat ion) Add lanes & reconstruction (project description) 07109/18 -05/14(21 $ 44,539 372 00 (project starticompletion dates) (contract value) Franjo Road Design Build Project (project name) Palmetto Bay , Florida (project location) (proj e ct owner) 801 N Broadway Ave, Bartow, FL 33830 (Owner 's address) Tom Deer. P .E -Senior Project Engineer (Owner 's contact person) (t itle) 239-340-3886 (phone) tom .deer@kinardstone .com ( email) Village of Palmetto Bay (project owner) 9705 E . Hibiscus St. ,Palmetto Bay, Fl 33157 (Owner 's address) Roadway and complete infrastructure improvements Nick Marano City Manager (Owner's contact person ) (title) (project description ) 05/07/2018 -05/21121 s 10 ,853,624 .66 305 259 1240 nmarano@palmettobay-fl .gov (project start/completion dales) (contract value) Pedemontana Veneta Highway (project name ) Italy (project locat ion) Construction of new highway/2-lanes each direction (project description) Nov 2011/June 2019 s 1,086 ,947 ,239 (project start/compl e tion dates) (contrac t value) (phone) ( email) Superstrada Pedemontana Veneta SpA (project owner) Corso Vittorio Emanuele II, 178, 10138 Torino (Italy) (Owner's address) Elisabetta Pellegri ni• Responsible for the Contract (Owner's contact person) (title) +39 011 7172 74 3 (phone) elisabetta .pellegrin i@regione .veneto.it (email) Construction Solicitation Doc rev 02-21-20 4 . 5. 6 . FORM 5 -STATEMENT OF EXPERIENCE OF BIDDER Roadway Corridor Routes 21-24 Concessoinane Company Rutas def Litoral, SA (project name) (project owner) Uruguay Rinc6n 602, Oficina 1101 . Montevideo (Uruguay) -(project location) (Owner's address) Design. construction and rehabilitation of 80-miles of highway Javier Suarez Sabugal / General Manager (project description) (Owner's contact person) (title) Aug 2017 I Nov 2019 (project completion dale) s12,11s,021 (contract value) Route 43-Coqu1mbo P3 Proiect ----------------·-(project name) Chile (project location) Construction of 53-miles of highway (project description) May 2013 / July 2018 (project completlon date) $_~~9,182,571 (contrac1 value) Concepcion -Cabrero Highway P3 Project {project name) Chile (project location) Construction and improvements works of 63-miles of highway (four-lane highway) -----------(project description) June 2012 I Aug 2018 (project completion date) $319 ,878 ,029 (contract value) +598 29167798 (phone) Ruta de l lirnarf (project owner) jsuarez@rutasdellitoral.com uy (email) Avenida Isidora Goyenechea. 2800 Suite 2401. Las Condes Santiago de Chile (Owner's address) Judith Sepulveda Gonzalez / Operations Manager (Owner's contact person) (title) +56 9 52079899 ·························--· (phone) jsepulveda@sacyr.com (email) Concesso·nane Company Valles del Bio Bio, SA (project owner) Ruta 146 9, Concepci6n, Chillan Viejo , Bio Bio (Chile) (Owner's address) Gonzalo Fuentealba Alvarado/ Operation Manager --···---- (Owner's contact person) (title) +56 971096413 (phone) gfuentealba@sacyr.com (email) Company: Sacyr Construction USA LLC Signature: ---------=--.,,::.;::::::..--1-:+-~~--~---- Construction Solicitation Doc rev 02-21-20 FORM 6-TRENCH SAFETY ACT ---------- Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October I , 1990 . The Bidder further identifies the cost to be summarized below: 1 . 2. 3. 4 . 5. Trench Safety Measure {Description) Trench Box Units of Measure CLF,SYl 100 ,802.00 Unit (Quantity) LF Unit Cost $1.50 TOTAL$ 151,203.00 Extended Cost $151,203.00 Failure to complete the above may result in the Bid being declared non -responsive. Date: May 19, 2022 Construction Solicitation Doc rev 02 -21 -20 FORM 7 -BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Sacy r Construct ion USA LLC )191 C'o r•! WI)', Slh floor, S.iild lO, Mi anu , FL )}1 4~ (herein after called the Principal) and Be rkshi re Hat ha way Specialty Insurance Company• , (herein called the Surety), a corporation chartered and existing under the laws of the State of Neb raska with its principal offices in the city of _0_,_na_h_a _____ _ and authori1.ed to do business in the State of Fl orida are held and tinnly bound unto the S.oll ier Cou nty . Boa rd of County Commi ss ione rs (hereinafter called the Owner), in the full and just sum of Five Pe rcen t of th e Tota l Amount Bid . ______ dollars($ S¼ 0''"" To1al """'""' 81d ) good and lawful money of the United States of America , to be paid upon demand of the Owner, to which payment well and truly to be made , the Principal and the Surety bind themselves , their heirs, and executors, administrators, and assigns,jointly and severally and finnly by these presents. • 11 14 Do ug las Str eet, Suite 1400, Omah a. N E 68 102 Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 22-7976 Project No. 60168 -Construction Services for Vanderbilt Beach Road Extension. NOW, THEREFORE , if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of A ward in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% th e total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecut ion thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds , and deliver to Owner the required certificates of insurance, if the PRJNCIPAL shall pay to the OBLIGEE the fixed sum ofS l""l::>/±.14 1 53 . noted above as liquidated damages, and not as a penalty , as provided in the Bidding Documents , then this obltgation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this _!_?~'!_ __ day of May , 20 22 s"',s'.:z~. ll 1J [:L__ ·· • '..,Al;QIJ.P { kl..u J e,t4 s-n v,,o mt1 M4 ·-BY Appo inted Producing Agent for Berksh ire Hathaway Spec ia lty In sur ance Compan y Principal (Seal) Surety (Seal) ACKNOWLEDGEMENT OF CONTRACTOR· IF A CORPORATION STATE OF ~~·-'d~_P'\-•_. -- COUNTYOF~ ~~ A'o:oo 2vrnc~r1\ ON THE 19th DAY OF May, 2022 BEFORE ME PERSONALLY APPEARED~ Ct~ W~o BE KNOWN, WHO, . BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ix : ' OF Sacyr Construction USA LLC THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HANO AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRIT EN ABOVE. STATE OF New Jersey COUNTY OF Morris r CLAUDIA GUZMAN COMMISSION #HH 2G0994 EXPIRES: Apf1I 10, 2026 ACKNOWLEDGEMENT OF SURETY COMPANY ON THE 19th DAY OF May , 2022 BEFORE ME PERSONALLY APPEARED Krystal L. Stravato TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF Berkshire Hathaway Specialty Insurance Company, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL , AT MY OFFICE IN THE ABOVE COUNTY , THE DAY AND YEAR WRITTEN ABOVE . Unn.1la Jakublalt A Notary Public of New Jersey My Commission Expires MSICh 8. 2026 Li:1 Berkshire Hathaway I!:!! u Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY. a corporation existing under and by vi rtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111. NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street. Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by v irtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority eranted as set forth herein, do hereby name, constitute and appoint: Kootal L, $tra'la\o, 1Kevl n T. Walsh, Jr., l 'homa·s P,h,cPpn pld, Ja.c:lyn thorn-,s. 100 South leffttJon ,119,1<1, wlte $01. of the cit\< af Whlppanv. State of Hew /tney, their true and lawful attorney(s)•in •fact to make, execute, seal, acknowl edge, and deliver, for and on their beha lf as surety and as their act and deed, any and all undertakings, bonds , or other such writings obligatory in the nature thereof, In pursuance of these presents, the execution of which shall be as binding upon the Compan ies as if it has been duly signed and executed by their regululy elected officers In their own proper persons. This authority for th• Attorney-In-Fact shall be llml ted to the ol!cutlon of the attached bond(s) or other such wrltlnss obllptory In the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of Oecember 20, 2018 . Thi s Power of Attorney Is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATiiAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY. which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The followlns slanature by an authorlz•d officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written slcnature of such officer of the Company for •II purposes re1ardln1 this Power of Attorney, Including satisfaction of any signature requirements on any •nd all underuklngs, bonds, or other such wrltfnas obllsatory In the nature thereof, to which this Power of Attorney •PPlies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: ~ David Fields, Executive Vice President NOTARY State of Massachusetts, County of Suffolk, ss : NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: ~ David Fields, Vice President On this 20th day of December, 2018, before me appeared David Fields, Eiecutive Vice Pres ident of BERKSH IRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of sa,d Companies pursuant to ,ts Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capac ity of said Companie s. (Notary Seal) • QEOFFERY A. DELISIO Nolary Public Commonwealtll 01 Mass ■chustll9 My comm. Explrn Novtmber 29. 2024 Notary Public t, Ralph Tortorella , the undersigned. Officer of BERKSHIRE HAlltAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy ot the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked . IN TESTIMONY WHEREOF, see hereunto affixed the seals of sa id Compan es this May 19. 2022 . Officer BHSIC , NICO & NLF POA (2018) 26874 BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers. Agents. and Employees : A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given . NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV ~ Section 1. Officers. Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appolnt, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. BHSIC, NICO & NLF POA (2018) 0 BERKSHIRE HATHAWAY SPECIALTY I N SU RANCE C OM PAN Y 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 1213112020 Total invested assets $ 5,475,240,588 Premium & agent balances (n 603,615,506 All other assets 157,897,676 ADMITTED ASSETS* 12/31/2019 $ 5,172,183,338 368,086,012 127,524,677 Admitted Assets •$=====6=·==23_6..,.7=5..,3._77_o_ $ 5 ,667,794,027 LIABILITIES & SURPLUS* 12/3112020 12131/2019 Loss & loss exp. unpaid $ 921,923,948 $ 634,745,558 Unearned premiums 372,836,160 314,117,549 All other liabilities 1,054,922.210 744,738,458 Total Llabllltles 2,349,682,318 1,693,601,565 Total Policyholders' Surplu1 3,887,071,452 3,974 ,192,463 Total LlablHtles & Surplus $ 6,236,753,770 $ 5,667,794,028 12/3112018 $ 4,313.185, 189 301,849,144 140,930,406 $ 4,755,964 ,739 12/311201! $ 463,103,223 241,835,588 570,628,148 1,275,566,959 3,480,397,780 $ 4,755,964,739 • Assets, liabilities end surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC andlor the laws of the company's domiciliary state . 0 FORM 8 -INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authoriz ed to do business in the State of Florida as set forth in FORM 8 of th is solicitat ion . The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full in s urable value of the scope of work . The County and the Vendor waive aga ins t each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein. except such rights as they may have to the proceeds of such in s urance . The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must ident ify "For any and all work performed on behalf of Collier County", or. the specific solicitallon number and title . The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provis ions , The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Cother County Govemment, OR Collier County. The Certificates oflnsurance must state the Contract Number, or Project Number. or specific Project description, or must read : For any and all work performed on behalf of Collie r County. The amounts and type s of insurance coverage shall confonn to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) fonns and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-in s ured retention s or deductibles and provide satisfactory evidence of financial re s ponsibility for such obligations. A II self-insured retentions or deductibles will be Vendor 's sole responsibility . Coverage{fil shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as spec ified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours afler receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requ irement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy . Should at any time the Vendor not mainta in the insurance coveragcW required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageW and charge the Vendor for such coverage{fil purchased. If Vendor fails lo reimburse the County for such costs within thirty (30) days afler demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage{fil purchased or the insurance company or companies used . The decision of the County to purchase such insurance coveragc{fil shall in no way be constrncd to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten ( I 0) calendar days after the expiration date on the certificate . Failure of the Vendor 10 provide the County with such renewal certificatc(s) shall be considered justification for the County to terminate any and all contracts . 0 Insurance / Bond Type I. ~ Worker's Compensation 2 . ~ Employer's Liability 3. ~ Commercial General Liability (Occurrence Fonn) patterned after the current ISO form 4. ~ Indemnification 5 . ~ Automobile Liability Collier County Florida Insurance and Bonding Requirements Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federa l Governmcnl Statutory Limits and Requirements Evidence of Workers· Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Ent1t1es that arc formed as Sole Proprietorships shall not be required to provide a proof of exemption . An ar.phcahon for exemption can be obtained onlinc at b.!trs :l!a pps . t)df~,,co m !boc~s:.mp t,l $_1 1000,000 single limit per occurrence Bodily Injury and Property Damage $ I0,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability . The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. To the maximum extent permitted by Florida law, the Contractor/V endor shall defend, indemnify and hold harrnless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the neghgence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/V endor in the perfonnance of this Agreement. $ l0,0001000 Each Occurrence ; Bodily Injury & Property Damage . Owned/Non-owned/Hired ; Automob1 le Included 6. [83 Other insurance as O Watercraft noted : s Per Occurrence 0 United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work . S Per Occurrence 0 Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work . S _____ Per Occurrence D Aircraft Liability coverage shall be carried in limits of not less than S5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. S Per Occurrence ~ Pollution S 1,000,000 Per Occurrence D Professional Liability S _____ Per claim & in the aggregate 0 Project Professional Liability 0 Valuable Papers Insurance 0 Cyber Liability 0 Technology Errors & Omissions s_ $ $ $ Per Occurrence Per Occurrence Per Occurrence Per Occurrence 7. t8j Bid bond 8. 1:8:J Performance and Payment Bonds Shall be submitted with proposal response in the form of certified funds. cashiers' check or an irrevocable leltcr of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation . For proJects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers recei ving award, and written for I00°o of the Contract award amount, the cost borne by the Proposer receiving an award . The Perfom1ancc and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A ·" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus. all as reported in the most current Best Key Rating Gu ide, published by A.M, Best Company, Inc . of 75 Fulton Street, New York, New York 10038. 9. t8J Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions . l O t8J Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required . This insurance shall be primary and non contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly . 11 t8J The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County . The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read : For any and all work performed on behalf of Collier County . 12 . t8J On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiam1 Trail East, Naples, FL 34112 13 . t8J Thirty (30) Days Cancellation Notice required . 14 . Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary Such coverage shall be endorsed to cover the interests of Cother County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings . All questions re garding Bmlder's Risk Insurance will be addressed by the Collier County Risk Management Division . · GG 2/23 122 Revised 4 113 i22 Vendor's Insurance Acceptance By submiss ion of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six ( 6) months from the date of award . 0 colN!r County Procurement Services Divis ion FORM 9 • CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the be st of its knowledge and belief, the past and current work on any Collier County prnjcct affiliated with this solic itation docs not pose an organization al conflict as described by one of the three categories below: Biased ground rules The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e .g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurem ent) which appears to skew the competition in favor of my fim1 . Impaired objectivity -The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposal s I past perfonnance of it self or a competitor, which calls into question the contractor 's ability to render impartial advice to the government. Unequal access to information -The fim, has not had acce ss to nonpublic information as part of its perfonnance of a Collier County project identified above which may have prov ided the contractor (or an affiliate) with an unfair competitive advantage in current or future solic itations and contracts . In addition to this signed affidavit, the contractor l vendor must prov ide th e following : l . All documents produced as a re sult of the work completed in the past or currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non • public (not in the "sunshine") conversation (s ), mecting(s), document(s) and /or other means . Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified , may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below , the firm (employees . officers and/or agents) certifies. and hereby discloses, that, to the be st of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial , contra ctual, organizational, or otherwise) which relates to th e project identified above has been fully disclosed and does not pose an organizational conflict . State of "±\1@:\d:Z\ County of J:~~ Sacyr Construction USA LLC Company Name ~.~· ..... , ....... _, --·--Signature Enrlq~~nso Zul'l)g~~uthorized Representative Print Name and Title The fo.r~.c oing instrnmc. nt .was acknowledged .before me by means of ~hysical this >t'-'1 day of ~t\,. _ (month), 1D72.. (year), by AM"""·"""' of person acknowledging). ( or D online notarization, ·. •r; l ···· · _(name Personally Know1loR Produced Id entifi cat ion ti .. 1 _ (Signatur · \..;~~ (Print. Type, or Stamp Com Type of Identification Produced ••••• .,,,,,,,,., ,w,,=••·••••·•··•~••••••·•~••••••••••••••·•'""• .--"•••••~ -,,-,m ubli -State of Florida) ---~~-------~., w ' > Cl.AUDIA GUZMAN MYCOMMISSIOHIHH250994 EXPIRE.S:Aprl 10, 2026 0 Procurement Services Division FORM 10-VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Gov ernment Complex Na ples , Florida 341 12 Dear Commissioners : The undersigned, as Vendor declares 1ha1 this response is made without connection or arrangement wilh any olher person and this proposal is in every respect fair and made in good faith, wi1hou1 collusion or fraud . The Vendor hereby declares the instruclions , purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted . The Vendor agrees , if this solicitalion submittal is accepted , to cxeculc a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains . The Vendor states tha t the submitted is based upon the documents listed by the above referenced Solicilation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub- vendor for any future associated with work that Is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunlo subscribed our names on this ~-day of _M_a~y ____ , 20 _~~ in the County of Miami-Dade , in lhe State of _F_lo_nd_a ___ _ Firm 's Legal Name : Address : City, State. Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR# or CAGE Code *Only if Grant Funded Email : Signature by : (Typed and written) Tille : Sacyr Construction USA LLC 3191 Coral Way • Suite 510 Miami, FL , 33145 M15000004810 . 61 -1753336 7E9G3 786 773 5847 jcaparros@sacyr.com Enri9ue Alonso Zui'.iga - Authorized Representative Additional Contact Information Send payments to: (requira::l if di fferent from a>ove) Contact mrne: Title: Address: City , Stae, ZIP Telephone: Emal : Office servicing Collier County to place orders (requira::l if diffe-ent from a>ove) Contact nane: Title: Address: City' Stae, ZI p Telephone: Em.ii : Se::onda-y Contact for this Solicitaion: Emal : A'lo ne: Compa,y na-ne used as pc?fee Carlos Fernando Cristovao Ferreira Chief Financial Officer 3191 Coral Way • Suite 510 Miami , FL, 33145 786 773 5847 / 305 632 5106 ccferreira@sacyr.com Jose Maria Caparros jcaparros@sacyr.com 786 773 5847 / 786 615 8378 Procurement Services Divis :on FORM 11 -IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with fonnal solicitation submittals. Further, Vendors arc required to be enrolled in the E-Vcrify program, and provide acceptable evidence of their enrollment. at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award . FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("JNA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (c) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County . Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes §448 .095. and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. County of~'('(\\::~ Sacyr Construction USA LLC --------- m~~nY. Na:ne Signature --~~~ig117 ~l?n~o ~uniga. Authorized Representative Print Name and Title The foregoing instrument was acknowledged before me by means of 4ysical P,rescnee or D on line notarization, this ,fl, day of t:1,~~ -· (month), 7,dl;l., (year). by 'j:o~ ti&:xa,· ~t~ (name of pen,oo acknowledging). ,) . . -(Sigo,f~,~l~f FIO,iaaj c~~~~y'\ / (Print, Type, or Stamp · · · 1 " • · Personally KnowrVOR Produced Identification Cl.AUDIAGUZMAN Type of Identification Produced MVCOMMISSION#HH 2.50094 EXPIRES:Apll 10, 2026 0 FORM 12 -BIDDERS CHECKLIST IMPORT ANT: No bid shall be considered unless it is made on unaleered Bid forms which are included in the Bidding Documents. Please read carefully, sign In the spaces indicated and !.tl!!!:!! with your Bid. Bidder should check off each of the following items as the necessary action is completed · The Bid has been signed . 2 . The Bid prices offered have been reviewed . 3 . The price extensions and totals have been checked. 4 . Bid Schedule has been completed and attached . 5 . Any required drawings, descriptive literature, etc , have been included . 6 . Any delivery infom1ation required is included . 7. The following on-line standard documents have been rev iewed and accepted in BidSync : a . Construction bid instmcllons form b . Construction services agreement c . Purchase order tenns and cond itions 8 All of the following b id fonns have been completed and signed: a Bid Fonn (Fonn I) b . Contractors Key Personnel (Form 2) c . Material Manufacturers (Form 3) d . List of Major Subcontractors (Form 4) e . Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g . Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) 1. Conflict of Interest Affidavit (Fonn 9) J · Vendor Declaration Statement (Form 10) k. Imm igration Law Affidavit Certification (Form I I) M UST be signed and attached with your submittal or you MAY be DEEMED NON-RESPONSIVE Signed Grant Provisions and Assurances package in its entirety, if applicable, arc executed and should be included with your submittal. All fonns must be executed, or you MAY be DEEMED NON -RESPONSIVE . 9 . Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c . Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d . Any required professional license s valid and current (mytloridalicense.com) (ie : General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) e . Vendor W-9 Form I 0 . If required, the amount of B id bond has been checked, and the Bid bo nd or cashier's check has been submitted. I I. Any addenda have been signed and acknowledgement form attache d and included, or you MAY be DEEMED NON-RESPONSIVE. 12 . The Bid will be uploaded in time to be received no later than the spec ified openin~ date and time. otherwise the Bid cannot be considered . 0 Company ID Number: 1319559 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (OHS) and the Sacyr Construction USA LLC (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electron ically confirms an employee 's eligibility to work in the United States after completion of Form 1-9 , Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsib ilit ies of the Employer, the Social Security Administration (SSA), and OHS. Authority for the E-Verify program is found in Title IV, Subtitle A , of the Illegal Immigration Reform and Immigrant Responsib ili ty Act of 1996 (IIRIRA), Pub . L. 104-208 , 110 Stat. 3009 , as amended (8 U.S .C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22 .18 , "Employment El igibility Verification" and Executive Order 12989 , as amended , provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts . ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to d isplay the following notices supplied by OHS in a prominent place that is clearly vis ible to prospective employees and all employees who are to be verified through the system : a . Notice of E-Verify Participation b . Notice of Right to Work 2 . The Employer agrees to provide to the SSA and OHS the names , titles , addresses , and telephone numbers of the Employer representatives to be contacted about E-Verify . The Employer also agrees to keep such information current by providing updated information to SSA and OHS whenever the representatives' contact information changes . 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify . Page 1 of 17 E-Verify MOU for Emp loye rs I Revis ion Da te 06 /01 /13 Company ID Number: 1319559 4 . The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases . a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify . 6 . The Employer agrees to comply with current Form 1-9 procedures , with two exceptions : a. If an employee presents a "List B" identity document , the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C .F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons , the Employer should contact E-Verify at 888-464-4218 . b. If an employee presents a OHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S . Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee 's Form 1-9 . The Employer will use the photocopy to verify the photo and to assist OHS with its review of photo mismatches that employees contest. OHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph , employees still retain the right to present any List A , or List B and List C, document(s) to complete the Form 1-9 . 7 . The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8 . The Employer agrees that , although it participates in E-Verify , the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws , including the obligation to comply with the antidiscrimination requirements of section 2748 of the INA w ith respect to Form 1-9 procedures . a . The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos , as described in paragraph 6 above ; (2) When an Employer confirms the ident ity and employment eligibil ity of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 27 4A(a)(1 )(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an emp loyee , but continues to employ that person, the Employer must notify OHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify OHS of continued employment following a final nonconfirmation ; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation , then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employe rs I Rev ision Date 06/01 /13 0 Company ID Number: 1319559 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify . b. OHS reserves the right to conduct Form 1-9 compliance inspections , as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify . 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize . 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU . Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.B of this MOU. 12 . The Employer agrees to follow appropriate procedures (see Article Ill below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case . The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending . Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111.B. below) to contact OHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or OHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F .R. § 274a.1 (I)) that the employee is not work authorized . The Employer understands that an initial inability of the SSA or OHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch , does not establish, and should not be interpreted as, evidence that the employee is not work authorized . In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so , the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06 /01 /13 0 Company ID Number: 1319559 (including denying, reducing , or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions , withholding pay , refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or OHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully aga i nst any individual in hiring, firing, employment eligibility verification , or recruitment or referral practices because of his or her national origin or citizenship status , or by committing discriminatory documentary practices . The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations . The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties , back pay awards , and other sanctions, and violations of Title VII could subject the Employer to back pay awards , compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it shou ld contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU . The Employer agrees that it will safeguard this information , and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU , except for such dissemination as may be authorized in advance by SSA or OHS for legitimate purposes. 16. The Employer agrees to notify OHS immediately in the event of a breach of personal information . Breaches are defined as loss of control or unauthorized access to E-Verify personal data . All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs .gov. Please use "Privacy Incident-Password " in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it rece ives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U .S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with OHS and SSA in their compliance monitoring and evaluation of E-Verify , which includes permitting OHS , SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06 /01 /13 Company ID Number: 1319559 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to OHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved , federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by OHS, USCIS or the Verification Division, without first obtaining the prior written consent of OHS . 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services , products, websites, or publications are sponsored by , endorsed by , licensed by, or affiliated with OHS, USCIS, or E-Verify. 22 . The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22 .18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22 .1801 ). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify . a . An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify . The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date . Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06 /01 /13 0 E-Verify ___ _ Company ID Number: 1319559 b . Employers enrolled i n E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire . If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment , begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire . An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c . Federal contractors that are institutions of higher education (as defined at 20 U.S .C. 1001 (a)), state or local governments , governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may , however, elect to verify all new hires , and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract , whichever date is later. d . Upon enrollment , Employers who are Federal contractors may elect to verify employment eligib ility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment , Employers must elect to verify existing staff following OHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article 11.A.6 , ii. The employee's work authorization has not expired , and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee 's Section 1, Form 1-9 attestation has not changed (including , but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f . The Employer shall complete a new Form 1-9 consistent with Article 11.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article 11.A.6, ii. The employee 's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete . Note : If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06 /01 /13 Company ID Number: 1319559 Article I1.C .5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article I1.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g . The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article . 3 . The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements . C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow OHS to compare data provided by the Employer against SSA's database. SSA sends OHS confirmation that the data sent either matches or does not match the information in SSA's database . 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C . 1306(a)), and SSA regulations (20 CFR Part 401 ). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4 . SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence . If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary . In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF OHS 1. OHS agrees to provide the Employer with selected data from OHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01 /13 E-Verify ___ _ Company ID Number: 1319559 b. Photo verification checks (when available) on employees . 2. OHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify . OHS agrees to provide the Employer names, titles, addresses , and telephone numbers of OHS representatives to be contacted during the E-Verify process . 3 . OHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies , procedures, and requirements for both SSA and OHS , including restrictions on the use of E-Verify . 4. OHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, OHS reserves the right to require employers to take mandatory refresher tutorials . 5. OHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. OHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U .S . Department of Justice . 6 . OHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify . 7 . OHS agrees to safeguard the information the Employer provides , and to limit access to such information to individuals responsible for the verification process , for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility , to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. OHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. OHS agrees to provide a means of secondary verification (including updating OHS records) for employees who contest OHS tentative nonconfirmations and photo mismatch tentative nonconfirmat ions. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to OHS, unless OHS determines that more than 10 days may be necessary. In such cases, OHS will provide additional verification instructions. ARTICLE Ill REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify . The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee 's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06 /01/13 0 E-Verify ___ _ Company ID Number: 1319559 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA The Employer must allow employees to contest the finding , and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2 . The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer rece ives the tentative nonconfirmat ion . Only the employee may determine whether he or she will contest the tentative nonconfirmation . 3. After a tentative nonconfirmation , the Employer will refer employees to SSA field offices only as directed by E-Verify . The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors , and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so . 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days . SSA will electronically transmit the result of the referral to the Employer within 1 O Federal Government work days of the referral unless it determines that more than 1 O days is necessary . 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates . 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by OHS , the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee 's E-Verify case . The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees . The Employer must allow employees to contest the finding , and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2 . The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation . Only the employee may determine whether he or she will contest the tentative nonconfirmation . 3. The Employer agrees to refer individuals to OHS only when the employee chooses to contest a tentative nonconfirmation . 4. If the employee contests a tentative nonconfirmation issued by OHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01 /13 Company ID Number: 1319559 employee to contact OHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days . 5. If the Employer finds a photo mismatch , the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations , generally . 6 . The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch , the Employer will send a copy of the employee 's Form 1-551 , Form 1-766 , U.S . Passport, or passport card to OHS for review by: a. Scanning and up loading the document , or b . Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7 . The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee 's documentation to OHS as described in the preceding paragraph . The Employer agrees to resolve the case as specified by the OHS representative who will determ ine the photo match or mismatch . 8. OHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referra l unless it determines that more than 10 days is necessary. 9. While waiting for case results , the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and OHS w ill not charge the Employer for verification services performed under this MOU . The Employer is responsible for providing equipment needed to make inquiries . To access E-Verify , an Employer will need a personal computer with Internet access . ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and OHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2 . Any and all E-Verify system enhancements by OHS or SSA , includ ing but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures , will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 1 0 of 17 E-Verify MOU for Employers I Revis ion Date 06/01/13 0 E-Verify ___ _ Company ID Number: 1319559 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties . 2 . Notwithstanding Article V, part A of this MOU, OHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy , or upon a determination by SSA or OHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requ i rements . The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business . 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed . In such cases, the Federal contractor must provide written notice to OHS. If an Employer that is a Federal contractor fails to provide such notice , then that Employer will remain an E-Verify participant , will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees . 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify . ARTICLE VI PARTIES A. Some or all SSA and OHS respons ibilities under this MOU may be performed by contractor(s), and SSA and OHS may adjust verification responsibilities between each other as necessary. By separate agreement with OHS , SSA has agreed to perform its responsibilities as described in this MOU . 8. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural , enforceable at law by any th i rd party against the United States , its agencies, officers , or employees, or against the Employer, its agents, officers , or employees . C. The Employer may not assign , directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of OHS, which consent shall not be unreasonably w ithheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties , or obligations herein is void . 0 . Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU , whether civil or criminal , and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E . The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and OHS or SSA policy , including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01 /13 0 E-Verify ___ _ Company ID Number: 1319559 Congressional oversight , E-Verify publicity and media inquiries , determinations of compliance with Federal contractual requirements , and responses to inquiries under the Freedom of Information Act (FOIA). F . The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and OHS respectively . The Employer understands that any inaccurate statement , representation , data or other information provided to OHS may subject the Employer, its subcontractors , its employees, or its representatives to : ( 1) prosecution for false statements pursuant to 18 U.S.C . 1001 and/or; (2) i mmediate termination of its MOU and/or; (3) possible debarment or suspension . G. The foregoing constitutes the full agreement on this subject between OHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Rev ision Date 06 /01 /13 e:-verify ___ _ Company ID Number: 1319559 Approved by: Employer Sacyr Construction USA LLC Name (Please Type or Print) Title Eduardo de Lara Garay Signature Date Electronically Signed 06/28/2018 Department of Homeland Security -Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 06/28/2018 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06 /01 /13 E-Verify ___ _ Company ID Number: 1319559 Information Required for the E-Verify Program Information relating to your Company: Sacyr Construction USA LLC Company Name 5201 Blue Lagoon Drive 8th Floor Company Facility Address Miami , FL 33126 Company Alternate Address County or Parish MIAMI-DADE Employer Identification Number 611753336 North American Industry 237 Classification Systems Code Sacyr Construccion SA, Inc . Parent Company Number of Employees 1 Oto 19 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revis ion Date 06 /01 /13 Company ID Number: 1319559 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employe rs I Rev ision Date 06 /01 /13 0 Company ID Number: 1319559 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Val Garcia Hermosilla Phone Number (305) 988 -5956 Fax Number Email Address vgarciah@sacyr .com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01 /13 0 Company ID Number: 1319559 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers \ Revision Date 06 /01 /13 0 Sacyr's Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) 0 State of Florida Department of State I certify from the records of this office that SACYR CONSTRUCTION USA LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on June 18, 2015. The document number of this limited liability company is M15000004810. I further certify that said limited liability company has paid all fees due this office through December 31, 2021, that its most recent annual report was filed on June 15 , 2021, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of April, 2022 ~~ Secretll1y of State Tracking Number: 6250379627CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 0 6/20/22, 12:13 PM Detail by Entity Name 11',tl; , r;j _}-I()?_:._' j'J (_) l L'J Der,artment of State / P.lYLsion of Comorations / Search Records / fu!Brch by Enti!Y. Nao:,.51 / Detail by Entity Name Foreign Limited Liability Company SACYR CONSTRUCTION USA LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date PrinciP-al Address 3191 CORAL WAY Ste 510 MIAMI, FL 33145 Changed: 03/28/2021 Mailing Address 3191 CORAL WAY Ste 510 MIAMI, FL 33145 Changed: 03/28/2021 M 15000004810 61-1753336 06/18/2015 DE ACTIVE LC STMNT OF RA/RO CHG 06/24/2020 NONE Registered Agent Name & Address NORTHWEST REGISTERED AGENT LLC 7901 4TH ST N #300 ST PETERSBURG, FL 33702 Name Changed: 06/24/2020 Address Changed: 06/24/2020 Authorized Person(s)_Q_etaj_[ Name & Address Title Authorized Representative DIVISION OF CO'<f'ORATIONS 0 https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=SACYRC ... 1/2 6/20/22, 12:13 PM de Lara Garay, Eduardo Javier 3191 CORAL WAY Ste 510 MIAMI, FL 33145 Detail by Entity Name Title AUTHORIZED REPRESENTATIVE ZUNIGA, ENRIQUE ALONSO 3191 CORAL WAY STE 510 MIAMI, FL 33145 Title Authorized Representative Ferreira, Carlos Cristovao 3191 CORAL WAY Ste 510 MIAMI, FL 33145 Annual Re~ Report Year 2021 2021 2022 Document Images Filed Date 03/28/2021 05/11/2021 05/01/2022 05/0112022 -· ANNUAL REPORT 06/15/2021 •• AMENDED ANNUAL REPORT View image in PDF format View image in PDF format ------------' Q..5LJJJ291J.::..t.1-MEl!_DED ANNUAL REEQRT View image in PDF formal ------------' 03/28/2021 --ANNUAL REPORT 06/30/2020 -· ANNUAL REPORT 06/2412020 •· CORLCRACHG 06/05/2020 ·· CORLCRACHG 04/2412019 •• ANNUAL REPORT 1010312018 -· AMENDED ANNUAL REPORT 04/30/2018 ·-ANNUAL REPORT 05/08/2017 --ANNUAL REPORT 04/29/2016--ANNUAL REPORT 06/18/2015 --Foreign Limited View image in PDF format View image in PDF formal View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 0 https://search .sunbiz .org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=SACYRC... 2/2 © Ron Desantis, Governor STATE OF FLORIDA hears, Secretary d ~~. r Halsey Bes u i'S, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION. IN DUSTRY{blCENSI NG BOARD ,.,,., ... ~ --_._.. ---THE GENERAL CGNTRACTOR-HEREI~-IS CERTIFIED UNDER THE -=-..., PROVISIONS OF~CHAPTER 489.;":FLORIDA·STATUTES ' .., -...... . , EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridalicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. © Ron Desantis, Governor Halsey Beshears, Secretary d ~a STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION,JN,[!)f,JS-TR~--ldCENSING BOARD ~" ,{ .... ..--,,..--,:-·~r""!" ·-~--.... ~ THE UNDERGROUND UTILIW~& EXCAVATl~~;2.:9\~E~~IN{S CERTIFIED UNDER THE PROVISIOKJS~Q.P-CHAP"TIER489:,: FLORIDA STATUTES 1""!.., ·;r<'f_~:--·:--,:: _:i_ :f ri,-~·:·~~~· uF~~R-ur~----·~':!, ",}~~---· ~--~. ~ =~~---~-.;.~---·~ _:::::: '~, .. ~ ~; _,;;;_.-,, .•. ~·::__· ~ "·'i =··. --,~a. ~.n.~~ ... . C • ~,. • ""11 ►i ~, ii .,:,1. '_ ' ' .,,.,. ....... ,....,,..,.11 ~--·. ,t: t,f! •n'J1~::;,;l\.•'11::J\-;H. -1.~A n-~. ~., -E)'*. MLl l:Y-IH IVl\!;lcW · ➔ ''.'.•-.... -)t;_~.;._ --. ¾•/,'.• ·;;;::: ---~ ..• ,;·\ .. ) ,._ . .;;:·1···tl •.. '"'1..,..,.. ,=, ... -.. -r, ;;--~-t ~,,._;:, =-fl J --., Q fRUCTIG'N USACfLG _, ~ fJ , • c -n · . ,1: .. _ :,, · L ,, _ "' J -• -• ----• --"AY . ...-:~ 45 --,. f -tr'• """A .• ....... ,w,.... 2·"5468 ~:-,,..,fr ... ,._, ~"'" '-"' .... EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridalicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. r Sacyr's W-9 Form Form W-9 Request for Taxpayer Give Fonn to the {Rev October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FonnW9 for instructions and the latest information. 1 Name ias shown on your income tax return !. Name is required on this line : do not leave thrs line blank . SACYR CONSTRUCTION USA LLC 2 8usine\'..~ name/disregarded ent ity nam;;. f different from above <') Q) 3 Check appropriate box fo r federal tax c la ssi fi cat ion of the pen;on whose name is entered on tine 1. Check only one of the 4 Exemptions {codes apply only to OI following seven boxes . certain entities, not individuals; see "' a. instructions on page 3): C: □ lndividuaVsole proprietor or 0 C Co rporation 0 S Corporation :J Partnership 0 Trust/estate 0 • (I) sing e-member LLC Exempt payee code ~f any) Cl C ~-~ □ Lrm1ted liab.ility company . Enter the tax classilicat ion (C :C corporal on , S=S corporation P=Partnership) ► C l5 2 Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c ti LLC -,f the LLC is classified as a sing le•member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) ·c .5 another t LC that is not disregarded from the owner for U.S. federal tax purposes . Otherwise. a single -member LLC that Q. 0 is disregarded from the owner should ch ec k the appropriate 00)( for the tax classification of its owner , <.:: 'ti □ Other (see instructions) ► /~ to IICOO<Hll$ m.oinl/Jine(/ outsi<II> the U.S./ G) 0. 5 Address {number, street. and apt. or suite no .) See instructions. Requester's name and address (optional) Cf) a, 3191 CORAL WAY SUITE 510 4) (/) 6 City, state, and z,p code MIAMI, FL 33145 7 List acco unt numbetis) here (optionaQ -~· ill ■ Taxpayer Identification Number {TIN) I Social security number I Enter you~ TIN in the app_ro~ri~te box. :'1~ TI N provided must.match the name given on line 1 to avoid backup withholding. For ind1v1duals, this 1s generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. [[IJ -DJ -I I I I I or Note: If the account is in more than one name. see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter . I Employer identification number 61 -1753336 Certification Under penalties of perjury, I certify that: 1 . The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2 . I am not subject to backup withholding because: {a} I am exempt from backup withholding, or (b} I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or {c) the IRS has notified me that I am no longer subject to backup withholding ; and 3. I am a U.S. citizen or other U .S . person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions , item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to s ign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Here Signature of , U.S. pe,-on ► General lnstruct~ns Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An Individual or entity (Form W -9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited lo, the following. • Form 1099-INT (interest earned or paid) Cat. No. 10231X • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might(?) be subject to backup withholding. See What is backup withholding, (,~ later. Form W-9 (Rev . 10-2018) EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Joe Cothran Faraz Alavi Personnel Category Construction Superintendent Project Manager 10 Construction Services Agreement: [2022_ver .3] 0 -------. ~ American Global June 28, 2022 The Board of County Commissioners of Collier County, FL 2885 Horseshoe Drive S Naples, FL 34104 RE: Sacyr Construction USA LLC Authorization to date bond# 47-SUR-300162-01-0011/015212869/K41583587 /6131035665 To Whom It May Concern : This letter is written to confirm that Berkshire Hathaway Specialty Insurance Company, Liberty Mutual Insurance Company, Federal Insurance Company and United States Fire Insurance Company, as Sureties, hereby author iz e The Board of County Commissioners of Collier County, FL as Obligee , to date bond #s 47-SUR-300162-01-0011/015212869/K41583587/6131035665 upon execution of the contract with Sacyr Construction USA LLC ("Principal") for Project# 60168-Construction Services for Vanderbilt Beach Road Extension Solicitation# 22-7976 ("project name "). Kindly furnish a copy of the fully executed bond . If you have any questions, please feel free to contact me . AMERICAN GLOBAL LLC 100 SOUTH JEFFERSON ROAD, SUITE 101, WHIPPANY, NJ 07981 +1.862 .777.8190 WWW.AMERICANGLOBAL.COM EXHIBIT B-1: PUBLIC PAYMENT BOND ITB# 22-7976 Bond No. 47-SUR-300162-01-0011 Berk,hire HathilWay Speeialty Insurance Comp;my Bond No . 015212869 Uberty Mutual lns1.11·.ance Company Bond No . t~~~:~:J~~~~1k~~:.~~-~,:ir:~eomp•nv Contract No. -=2=-2•..:.7.:.9.:...76:.--___ _ KNOW ALL MEN BY THESE PRESENTS: That Sacyr construction USA LLC 3191 Coral Way, Suite 510 , Miami , FL 33145 , as Principal, and Berkshire Hathaway Spec ialty ln~nce Company; Liberty Mutual lnaurance Company; Federal in.tnnce Com~ny arld United States Fire Insurance Com~ny I as surety I located at 131-4 Douglas Stsfft, Suite 1400, Orn.NI, NE 68102 -19«; 175 Berkeley Street, Boston, MA 021115 : 202B Hall'• Mill Road , 'M'litehouN Station, NJ 08889; 305 Madison Avenue, Morristown, NJ 07960 (Busi nes S Address) are held and firmly bound to The Board of County Commissioners of Collier County , Florida as Obligee in the SUm Of One Hundred Fifty Two Million Nine Hundred Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and 91/100($ 152,999,999.91 } for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Pri~cipal has ~ntered into a contract dated as of the Id ,tt...day of J\J \ '1 . 2 0 I w 1th O bhg ee for Project No. 60168-Construction Services for Vanderbilt Beach Road Extension in Invitation to Bid No . 22-7976 accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal : Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond . The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants . IN WITNESS WHEREOF, the above parties have executed this instrument this~ day of June 2022 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement: [2022_ver.3] ...:: Signed , sealed and delivered lntheprn ' ~ J ~SE W\t.A ~ Witnesse~rincipal STATE OF COUNTY OF take an oath. Witne ~ses to Surety NAME: PRINCIPAL Sacyr Construction USA LLC (Legibly Printed) Notary _Public, State o½1 f/!JJJ!iif!s!_ Comm1ss1on No .: -t:J.'1l __ SURETY: Berkshire Hathaway Specialty Insurance Company Liberty Mutual Insurance Company Federal Insurance Company United States Fire Insuran ce Company (Printed Name) 1314 Douglas Street, Suite 1400, 68102 • 1944 175 Berkeley Street, Boston , MA 021 16 2028 Hall's Mill Road , Wlitehouse Station, NJ 08889 305 Madison Avenue, Morristown, NJ 07960 (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement : [2022 _ver.3] --:.. OR Witnesses Mariso l Mojica , witness as to Surety STATE OF NEWJERSEY ---------COUNTY OF _MO.a...R..;..R....;IS;...._ ____ _ """'"""''urney in Fact (Attach Power of Attorney) Krystal L. Stravato , Attorney-In-Fact (Printed Name) 900 S Pine Island Road , Suite 210 Plantation , FL 33324 (Business Address) (305 ) 35 1-9150 (Telephone Number) The forego ing instrument was acknow ledged before me by means of □ physical presence or D online notarization, this 28th day of June 20.ll...._, by .;..K_.ry.a.st"'a'-'I L;;;.·.;;;S"'"tra;;;.;v""a""to _________________ , as Attorney-In-Fact Of ~~~i'fn ~:~~~t!,;~~:0~1t~•~~•~~=~~,;nc•Company 8 Nebraska; Massachusetts; Indiana and Delaware COrporatiOn 1 On behalf of the corporation . Personally Know n take an oath . My Commission Expires : Sandy s. JemN a,owne Notary Public State of New Jeree, Mycommlssion uplr'II Seplilmbar 11. 2029 (AFFIX OF FICIAL SEAL) ... ----.... He/she is personally known to me OR has produced ntificat ion and did (did not) Name: Sandy S. James-Browne , Notary Pub li c (Legibly Printed) Notary Publ ic, State of: _New_Je_rse_Y __ _ Comm ission No.: 2349a24 -------- 13 Construction Serv ices Agreement: (2022_ver.3] ~ .,___.,.. 47-SU R-300162 -01-0011 Berkshire Hathaway Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY , a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha , Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place , Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Marisol Mojica, Kevin T. Walsh, Jr., Thomas MacDonald, Krystal L. Stravato. Jaclyn Thomas. 100 South Jefferson Road. Suite 101. of the city of Whippany, State of New Jersey. their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons . This authority for the Attorney-in-Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of December 20, 2018 . This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the ba ck page of this Power of Attorney, respectively. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies . BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By : ~ David Fields, Executive Vice President NOTARY State of Massachusetts, County of Suffolk, ss : NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By : ~ David Fields, Vice President On this 20th day of December, 2018, before me appeared David Fields , Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies ; that he knows the corporate seals of the Companies ; that the seals affixed to the foregoing in strument are such corporate seal s; that they were affi xed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] • GEOFFERY A. DELISIO Notary Public Commonwealth of Massachusetts My Comm. Expires November 29, 2024 Notary Public ·.; E .. ·;;; I, Ralph Tortorella, the undersigned , Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY F.._ ___ .==i __ COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct _ copy.o f the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked . IN TESTIMONY W HEREOF, see hereunto affixed the seals of said Companies this June 28. 2022 . Officer BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him . NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers. Agents. and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers. Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers , none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals . Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation . NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given . BHSIC, NICO & NLF POA (2018) ~Libertx \P Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8207604-985316 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts , and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth , does hereby name, constitute and appoint Edward Reilly ; Jaclyn Thomas; Kevin T. Walsh , Jr.; Krystal L. Stravato ; Marisol Mojica; Michael Marino ; Thomas MacDonald all of the city of Whippany state of NJ each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute , seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings , bonds , recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of April , ~ Liberty Mutual Insurance Company The Ohio Casualty Insurance Company j ------------.,, WM;;'~"' u :"'"-~ David M. Carey , Assistant Secretary g ~ w State of PENNSYLVANIA ·-3 ~ ::i County of MONTGOMERY ss .Q E ~ ~ On this 6th day of April , 2022 before me personally appeared David M. Carey , who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ a, ~ ro Company , The Ohio Casualty Company , and West American Insurance Company , and that he, as such, being authorized so to do , execute the foregoing instrument for the purposes ~ @ 2 ~ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ i~ ~ _ -c IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia , Pennsylvania , on the day and year first above written. <( :::> c ·-0~ rooo ~o ..Q ~ Commonwealth of Pennsylvania • Notary Seal ';'.::: (I) 0 Teresa Pastella , Notary Publ ic A---. /) ~ · iii _ Q) Montgomery County (I/, ~ . . 1 ~ .._ E g ro My commission expires March 28 , 2025 By:-+-~--------------------B a, Q) __ .._ ~~ ·•~~""e. eommissionnumber112s044 feresa Pastella , Notary Public <C..,_-oo ~-.. '"C"' Member, Pennsylvania Association of Notanes ~:{l -'lRY ~ o...,. .g> $ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ ~ ~ .!:_ Insurance Company , and West American Insurance Company which resolutions are now in full force and effect reading as follows : ii..~ .._ $ ARTICLE IV-OFFICERS: Section 12 . Power of Attorney . 0 ~ S ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =a..- :g i:j' President may prescribe, shall appoint such attorneys-in-fact , as may be necessary to act in behalf of the Corporation to make , execute, seal, acknowledge and deliver as surety ~ ~ : ~ ~:~ea~1 ai0~:re:a~i~~\h~o~d:;P~~~:~iz:yn::i::~~!~:es~~~\~~l~~~~~n~1 !~~\~~~~:{~i~-;~~-:~~j~: ~~~~~ ~~:::::es:~:~rt:1 i~!h~~:;~ia:~ve ;~::r:00:::~::J" :~:~ § ~ z 13 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ~ ::J provisions of this article may be revoked at any time by the Board , the Chairman , the President or by the officer or officers granting such power or authority. ~ ~ ARTICLE Xlll -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make , execute , seal , acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations . Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company . When so executed such instruments shall be as binding as if signed by the president and attested by the secretary . Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company , authorizes David M. Carey , Assistant Secretary to appoint such attorneys-in- /act as may be necessary to act on behalf of the Company to make , execute , seal, acknowledge and deliver as surety any and all undertakings , bonds , recognizances and other surety obligations . Authorization -By unanimous consent of the Company's Board of Directors , the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed . I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company , and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full , true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked . IN TESTIMONY WHEREOF, I have hereunt9 set my hand and affixed the seals of said Companies this 28th day of June , ~- LMS-12873 LMIC OCIC WAIC Multi Co 02/21 /.7:?,ee,._ By:=-~~-=-,..,...---,,----,---,-,----,,,,---,-------- Renee C. Llewellyn , Assistant Secretary CHUBB ' Power of Attorney Federal Insurance Company I Vigilant In surance Comp a ny I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Thomas MacDonald, Marisol Mojica, Edward Reilly, Krystal L. Stravato, Jaclyn Thomas and Kevin T. Walsh Jr . of Whippany, New Jersey; Andrea E. Gorbert of Jericho, New York ; Neil C. Donovan, and Gerard Leib of Berwyn, Pennsylvania ----------------------------- each as their true and lawful Attorney-in-Fact t o execute under s uch designation in their names and to affix their corporat e seals to and deliver for and o n their behalf as surety thereo n or otherwise, b onds and undertakings and other writings obligatory in the nature thereof (other than bail b onds) given or executed in the course of business, and any instrum ent s amending or a ltering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these present s and affixed their corporate seals o n t h is 6"' d ay of April, 2022. lllwn M. Chia ra;, Assistant SenetJI)' STATE OF NEW JERSEY County of Hunterdon ss . Stephen M. Haney. Vice President On this 6 "' day of April, 2022 b efore me, a Notary Public of New Jersey, personall y came Daw n M . Ch loros and Stephen M . Haney, to me known to be Assistant Secret ary and Vice President, respectively, ofFEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PAC IFI C IN DEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN I NSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, b ei ng by me duly sworn, severall y and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, r espectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFI C INDEMNITY COMPANY, WESTC HESTER FIRE IN SURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals a nd were thereto affixed by auth ority of said Companies; and that their signatures as s uch officers were duly affixed and s ubscribed by like authority. Notarial Seal KATHERINE J . ADELAAR NOTARY PUBLIC OF NEW JERSEY No. 23181185 Commission Expires July 16, 2 024 CERTIFICATION Resolutions ado pted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PAC IFIC INDEMN ITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Compa ny, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute a ny Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney-in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of t he Company, under the seal of the Company or otherwise, to the extent th at such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-i n-fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appo in t in writing any person the attorney-in - fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such writte n appointment, which specification may be by general type or class of Written Commitments or by s pecification of one or more particular Written Commitments. ( 4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby au thorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company th e authority to execute, for and on behalf of the Company, und er the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specificatio n may be by gene ral type or class of Written Commitments or by specificatio n of one or more particu la r Written Com mitm ents. (5) Th e signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Reso lution, a nd the seal of the Company, may be affixed by facsimi le on such Written Commitment or written appointment or delegation . FURTHER RESOLVED, that the foregoing Reso lution shall not be deemed to be an exclusive statement of the powers and authority of officers, e mployees a nd other persons to act for and on behalf of the Company, a nd s uch Resolution s hall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGI LANT IN SURANCE COMPANY, PACIFIC IND EMNITY COMPANY, WESTCHESTER FIRE IN SURAN CE COMPANY and ACE AMERICAN IN SURANCE COMPANY (the "Co mpanies") do hereby certify tha t (i) the forego ing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my ha nd and seals of said Companies at Whitehouse Station, NJ , this June 28 1 2022 lk1w n M. Chlora,. ,-\..._,;is!:inr ·ecre1:11f IN THE EVENT YOU WISH TO VERIFY THE AUTHENTIC ITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATIER, PLEASE CONTACT US AT: Tele hone 908 903-3493 Fax 908 903 · 3656 e-mail: sure @c hubb.co m Combined : FED-VIG-PI -WF IC-AAIC (rev. 11-19) POWER OF ATTORNEY UNlTED ST ATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE -MORRISTOWN, NEW JERSEY 06446 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Krystal L. Stravato, Kevin T. Walsh, Jr., Thomas MacDonald, Edward Reilly, Marisol Mojica, Jaclyn Thomas each, its true and lawful Attorney(s)-ln-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require , and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein , and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV , Execution oflnstruments -Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice-President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to , acknowledge, verify and deliver any contracts, ob li gations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances , powers of attorney or revocations of any powers of attorney, stipulations, policies of in surance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Artic le III , Officers, Section 3.11 , Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile , lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form , may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021 . UNITED STATES FIRE INSURANCE COMP ANY \~;J\:_ Matthew E. Lubin, President State of New Jersey} County of Morris } On this 28th day of September, 2021 , before me , a Notary public of the State ofNew Jersey , came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing in strument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MELISSA H. D'Al.E8SIO NOTARY PU8UC OF NEW JERSEY ~:J:~ 1l1~11~'~ Melissa H . D ' Alessio (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full , true and correct copy is still in force and effect and has not been revoked. IN WiTNESS '\1/l;IEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the28th day f June ~o 22 . UNITED STATES FIRE INSURANCE COMPANY -.::: /Yj~ e,_jif Michael C. Fay, Senior Vice President BERKSHIRE HATHAWAY SPECIALTY COMPANY INSURANCE 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 12/31/2021 Total invested assets $ 6 ,504 ,184 ,299 Premium & agent balances (n 552 ,510 ,359 All other assets 142 ,765 ,038 Admitted Assets $ 7,199 ,459 ,696 12/31/2021 Loss&lossexp.unpaid $ 1,142 ,116 ,02 8 Unearned premiums 484 ,660 ,143 All other liabilities 1,163 ,007 ,684 Total Liabilities 2 ,789 ,783 ,855 ADMITTED ASSETS* 12/31/2020 $ 5,475 ,240 ,588 603 ,615 ,506 157 ,897 ,676 $ 6,236,753 ,770 LIABILITIES & SURPLUS* 12/31/2020 $ 921 ,923 ,948 372 ,836 ,160 1,054 ,922,210 2,349 ,682 ,318 Total Policyholders' Surplu: ____ 4__.,4_0"'"9""",6_7"""5,"""84 __ 2_ Total Liabilities & Surplus =$===7='=19=9=,4=5=9,=69=7= 3,887 ,071 ,452 $ 6,236,753,770 12/31/2019 $ 5,172 ,183 ,338 368 ,086 ,012 127,524,677 $ 5,667 ,794 ,027 12/31/2019 $ 634 ,745 ,558 314 ,117 ,549 744 ,738 ,458 1,693 ,601 ,565 3,974 ,192 ,463 $ 5,667,794 ,028 • Assets , liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state . - ~Libertx \P Mutual. LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT -DECEMBER 31, 2021 SURETY Assets Cash and Bank Deposits ......................................... $2,234 ,770,744 *Bonds - U .S Government..................................... 4,250,615,811 *Other Bonds ............................................................ 16 ,983,165 ,862 *Stocks ..................................................................... 20 ,075 ,458,019 Real Estate ............................................................. . 182 ,250 ,567 Agents' Balances or Uncollected Premiums........... 7 ,607 ,687 ,836 Accrued Interest and Rents .................................... . 120, 173 ,987 Other Admitted Assets ............................................ 14,076,622 ,575 Total Admitted Assets ..................................... $6S,530,74S,401 Liabilities Unearned Premiums ................................................ $9,106,965 ,847 Reserve for Claims and Claims Expense ................. 25,279,158,493 Funds Held Under Reinsurance Treaties ................. 315,537,902 Reserve for Dividends to Policyholders .................. 1,726,291 Additional Statutory Reserve .................................. 139,634 ,000 Reserve for Commissions, Taxes and Other Liabilities................................................ 8,638,106 ,801 Total ................................................................. $43,481,129,334 Special Surplus Funds................. $178,192 ,363 Capital Stock .............................. . 10,000,075 Paid in Surplus ............................ 11 ,804,736,755 Unassigned Surplus ..................... 10,056,686,874 Surplus to Policyholders ................................. 22,049,616,067 Total Liabilities and Surplus ................................ $6S,S30,74S,401 * Bonds are stated at amortized or investment value ; Stocks at Association Market Values . The foregoing financial information is taken from Liberty Mutual In surance Company's financial statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporatio n, as of December 31 , 2021 , to the be st of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporat ion at Seattle, Washington , this 8th day of March, 2022. Assistant Secretary S-1262LM\C/a 3/22 FEDERAL INSURANCE COMPANY STATBENT OF ASSETS, LIABIUTES AND SURPLUS TO POLICYHOLDERS Statu101y Ballia December 31, 2021 (ln thousands) ASSETS UASIUTIES AND SURPLUS TO POUCYHOLDERS Cash and Short Term lnvestmants s Unlllld Slates Govemmant, Slate and Municipal Bonds Other Bonds Stocks Other Invested Assets TOTAL INVESTMENTS Investments In Affiliates : Grut Northern Ins. Co. Vigilant Ins. Co. Chubb Indemnity Ins. Co. Chubb National Ins . Co. Othar Affiliates Premiums Receivable Other Assets TOTAL ADMITTED ASSETS s (567,306) 4,271,534 5,984,673 675.566 1 647712 12,022,201 414,638 354,696 183,242 190,801 116,373 1,726,853 3,078,466 1a1oe11010 Oubltanding L08188 and Loas ~ Reinsurance Payable en l.osaes and ExpenlH Unesned Preniums Ceded Reiisunince Premiums Payable Other Liabilities TOTAL LIABILmES Capital Sieck Paid-In Surplue Unassigned Flnls SURPLUS TO POLICYHOLDERS TOTAL LIABILITIES AND SURPLUS S B,701 ,3B3 1,4&4,196 2,400,711 366,332 498472 13,451.094 20,980 2,711,474 1,903,522 4,635.978 s1a.oa1mo Investments are valued in accordance with requirements of the National Association of Insurance ColM'liuioners, At Dec:ember 31, 2021, investments with a canyfng value of $509,085,162 were deposited with govemmant authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly sworn, says that he is Senior VIC8 Prask!ent of Federal Insurance Company and that to the best rA his knowledge and belief the foregoing is a true and C0m!Cl statement of the said Company's financial condition as of the 31 st day of December, 2021 . Sworn befcre · (no. rcb I u 1 2o2'2. Commonwealth of Pennsylwlnla • Notary Seal Jaime L. Yates, Notary Public Phlladelphla County My commission expires September 19, 2023 Commission number 1~7070 Member. Pennsylvania Association of Notaries : " -- UNITED STATES FIRE INSURANCE COMPANY 1209 ORANGE STREET, WllMINGTON, DELAWARE 19801 ST A TEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31 , 2021 ASSEIS Bonds (Amortized Value)................................................................................................... 903,307,173 Preferred Stocks (Market Value)........................................................................................... 105,571,429 Common Stocks (Market Value)........................................................................................... 1,504,759,231 Mortgage Loans (Market Value)........................................................................................... 446,047,113 Cash, Cash Equivalents, and Short Term Investments .................................................................. 1,184,428,501 Derivatives ..................................................................................................................... 8,536,548 Other Invested Assets ........... ,............................................................................................ 336,487,236 Investment Income Due and Accrued ...................................................................................... 10,016,168 Premiums and Considerations ................................................................................... ,.......... 431,207,743 Amounts Recoverable from Rcinsurers .................. .................................................................. 68,151,803 Funds Held by or Deposited with Reinsured Companies ............................................................... 29,595,868 Net Deferred Tax Asset...................................................................................................... 160,701,318 Electronic Data Processing Equipment ..................................................................................... 2,0 I 1,585 Receivables from Parent, Subsidiaries and Affiliates ................................................................... 114,953,836 Other Assets ................................................................................................................... -----'-97-'-''"'-5.:.al 9'-'-,6~7'-'6~ TOTAL ASSETS .......... , •..... , ................................. , ..... , ............................. =$====5=,4=03=,2=9=5•=22=8== LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported Losses Net of Reinsurance Ceded and Incurred But Not Reported Losses)................................................................................................... 1,866,433,397 Reinsurance Payable on Pa id Losses and Loss Adjustment Expenses ................................................ 88,108,310 Loss Adjustment Expenses .................................................................................................. 322,459,750 Commissions Payable, Contingent Commissions nnd Other Sim ilar Charges....................................... 8,674,938 Other Expenses (Excluding Taxes, Licenses and Fees)................................................................. 75,718,281 Taxes , Licenses and Fees (Excluding Federal Income Taxes)......................................................... 32,725,021 Current Federal and Foreign Income Taxes............................................................................... 62,383 Unearned Premiums.......................................................................................................... 845,288,567 Advance Premium ............................................................................................................ 7,921,829 Ceded Reinsurance Prem iums Payable .................................................................................... 72,110,703 Funds Held by Company under Reinsurance Treaties .................................................................. 24,081,128 Amounts Withheld hy Company for Account of Others................................................................ 147,974,892 Provision for Reinsurance ................................................................................................... 3,350,178 Payable to Parent, Subsidiaries and Affilia tes ............................................................................ 13,084,638 Other Liabilities ............................................................................. , ................................. ____ 4_1~,9_5_2~,2_7_8_ TOTAL LIABilJTIES ................................................................................. =$=. ==3=.5=4==9,=94=6==.2=93= Common Capital Stock ...................................................................................................... 18,780,000 Gross Paid In and Contributed Surplus ........................................................ ,........................... 1,577,074,940 Unassigned Funds (Surplus) ................................................................................................ ____ 25_7,~4~93~·~99~5- Surplus as Regards Policyho lde rs .................................................................... __ ~1.,_,8c.c5~3,.c,3_4~8"",9~3"-5_ TOT AL LIABIL TIIES, SURPLUS & OTHER FUNDS ......................................... ·=$======5..,,4=03=,2=9=5.2.,.2..,8= I, Carmine Scaglione, Senior Vice President and Controller of UNITED STATES FIRE INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, December 31, 2021, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of Delaware . IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company , this 1st day of March, 2021. UNITED ST A TES FIRE INSURANCE COMP ANY EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB# 22-7976 Bond No. 47-SUR-300162-01.-0011 BerkahQ Hathaway Specialty ln1urance Comp.any Sood No . 015212869 liberty Mutual ll'ISlnnce Comp~ Band No. t~ ~:: ~ii~~~:' ~:::~.'i°:r:~. Company Contract No. 22-7976 KNOW ALL MEN BY THESE PRESENTS: That Sacyr Construction USA LLC 3191 Coral Way , Su ite 510 , Miami , FL 33145 as Principal, and Be!Uhn Hathaway Speclalty l~ranc1 Company; Liberty Mutual l!Wtlrance Company: Fllderal lnwrance Company and United Stat11 Fire Insurance Compainy as Surety, located at 131-4 Oouglat Strfft, Suite 1400, Omaha, NE 68102 • 19«: 175 Berteley Slffft, Bolton, MA 021 18; 2028 Hair. Mill Road . 'MwtehouM Station, NJ 08889; 305 ~diaon Avenue, Morrittown, NJ 07960 (Business Address) are held and firmly bound to _Th_e_Bo_ard_of_C_ou_nty __ c_om_m_is_sio_ne_rs_o1_co_me_r c_o_un __ ty ,_Flo_rid_a _________ , as Obligee in the sum of One Hundred Fifty Two Million Nine Hundred Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and 91/100 ($152 ,999 ,999.91 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns , jointly and severally. WHEREAS, Principal has entered into a contract dated as of the I~ +i... day of :3: V \ ':{ 20 a-r , with Obligee for Project No . 60168-Construction Services for Vanderbilt Beach Road Extension , Invitation to Bid No . 22-7976 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal : 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2 . Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee susta ins because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then thfs bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligat ion under this Bond . The Surety, for value received, hereby stipulates and agrees that no changes , extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extens ions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes , shall not apply to this bond . In no event will the Surety be liable in the aggregate to Ob li gee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 1.filb._ day of June , 2022 , the name of each party being affixed and these presents duly signed by its unders igned representative, pursuant to authority of its governing body . 14 Construction Services Agreement: [2022_ver.3] Signed, s aled and delivered in the p s of: ' STATE OF f"L.~12-1 2A COUNTY OF M;A:Mi -~ The foregoing instrument was ac n le · t rizatio · PRINCIPAL Sacyr Construction USA LLC ~ (jJ J [j __ NAME : ~NR1 \l~ A\.~ -lufL;EiA /~ti~~ ~9A- ITS : N:8:mih-\P ~smll!D , Y5 SJ-fJ:J'L.7iiJ&i:fJea~ti~li7~;:_7 ~~~~~==--- R has produced take an oath. (AFFIX OFFI n and did (did not) Name: (Leg ibl Y. rinted) ([/c Notary . Public, St"W OJ: M,~:j:{J Comm 1ss1on No . :ff H ~ 15 C onstructi on Serv ices Agreement: [2022_ver.3] 0 ATTEST: Witnesses as to Surety Wi lliam.{\ Drayton Jr., witness as to Surety STATE OF _NE_W_JE_R_S_EY ______ _ COUNTY OF MORRIS ------------- SURETY: Berkshire Hathaway Specialty Insurance Company Liberty Mutual Insurance Company Federal Insurance Company United States Fire Insurance Company (Printed Name) 1314 Douglas Street, Suite 1400, Omaha, NE 68102 -1944 J75 Berkeley street Boston MA 0211 e 202B Hall's Mill Road 'M1itehouse Station NJ 08889 305 Madison Avenue, Morristown, NJ 07960 (Business Address) (Authorized Signature) '-'-1.•..v-a'""rne in Fact (Attach Power of Attorney) Krystal L. Stravato , Attorney-In-Fact (Printed Name) 900 S Pine Island Road, Suite 210 Plantation FL 33324 (Business Address) (305) 351-9150 (Telephone Number) The foregoing instrument was acknowledged before me by means of □ physical presence or D online notarization, this 28th day of June 20..l.L_, by K_ry.._st_a_l L_._s_tr ___ a_va_t_o __________________ , as Attorney-lo-fact Of red'=7~~~~~=~~:•u~it':;~;:F]i~~~~~~eompany 8 Nebraska; Massachusetts; Indiana and Delaware COrporatiOn, On behalf of the corporation. Personally Known take an oath. My Commission Expires: landy S. James-Browne Notary Public State of New Jersey My ....... expires September 19, 2028 (AfF12( Or:FICJAL Sf.:~L) -- He/she is personally known to me OR has produced ntification and did (did not) Sandy S. James-Browne , Notary Public (Legibly Printed) Notary Public, State of: New Jersey Commission No.: _234_9_a2_4 ____ _ 16 Construction Services Agreement: [2022_ver.3] O.i:I Berkshire Hathaway I!:!! u Specialty Insurance 47-SUR-300162-01-0011 Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY , a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY . a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Marisol Mojica. Kevin T. Walsh. Jr .• Thomas MacDonald, Krystal L. Stravato. Jaclyn Thomas. 100 South Jefferson Road. Suite 101. of the city of Whippany. State of New Jersey. their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney-in-Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of December 20, 2018 . This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies . BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: ~ David Fields, Executive Vice President NOTARY State of Massachusetts, County of Suffolk, ss: NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By : ~ David Fields, Vice President On this 20th day of December, 2018, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] • GEOFFERY A. DELISIO Notary Public Commonwealth of Massachusells My Comm . Expires November 29 , 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMP.a.NY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Po w er of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF; see hereunto affixed the seals of said Companies this June 28. 2022 . Officer BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS : Section 6.(b) The President , any Vice President o r the Secretary, shall have the power and authority: (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any su ch Attorney-in-fact and revoke the authority given him . NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4 . Officers. Agents. and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasure rs none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve success ive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be approp ri ate, convenient, or necessary to the affairs and business of the corporation . NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President , any Vice Pres ident or the Secretary, shall have the power and authority to (1) appoint Attorneys - in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given . NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers. Agents and Employees : A. The officers shall be a president, one or more vice presidents , one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers , none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annua l meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or w ithout cause by a vote of a majority of the board of directors . The president and secretary shall be different individuals . Election or appointment of an officer or agent shall not create contract rights . The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage , or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business ofthe Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED , That the President , any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given . BHSIC, NICO & NLF POA (2018) ~Lihert:x \-p Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No : 8207604-985316 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts , and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth , does hereby name , constitute and appoint, Edward Reilly ; Jaclyn Thomas ; Kevin T. Walsh , Jr.; Krystal L. Stravato ; Marisol Mojica; Michael Marino ; Thomas MacDonald all of the city of Whippany state of NJ each individually if there be more than one named , its true and lawful attorney-in-fact to make, execute, seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed , any and all undertakings , bonds , recognizances and other surety obligations , in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the pres ident and attested by the secretary of the Companies in their own proper persons . IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of April , ~- Liberty Mutual Insurance Company The Ohio Casualty Insurance Company I ------------By ~··••y u :<:£ g: David M. Carey , Assistant Secretary -~ ~ .., State of PENNSYLVANIA ss -~ :::s County of MONTGOMERY ,.g } ~ ~ On this~ day of April , ~ before me personal ly appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance rJ a> ~ "iii Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such , being authorized so to do , execute the foregoing instrument for the purposes ~@ 2 _:: therein contained by signing on behalf of the corporations by himself as a du ly authorized officer. ~ -co ~ ~_ .g IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia , Pennsylvania , on the day and year first above written. ~ c ·-___ o- cooo ~o 0 ~ ~---------~ -I _ Commonwealth of Pennsylvania -Notary Seal >--ai Q Teresa Pastella , Notary Pu blic ,I--.... /) ~ 'iij _ Q) Montgome,y Coonty f//, ~ _ . _ 1 ~ ._ E g ro My comm ission expires March 28 , 2025 By:-/-~----~---------------.8 Q) ~.., Membe r, Pennsylvania Association of Notanes -.-Q) __ ._ ~~~~~~ Commission number 1126044 f eresa Pastella , Notary Public ~ o ~ :g 4R'( 0~ .g> $ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual i ~ ~ .!::_ Insurance Company , and West American Insurance Company which resolutions are now in full force and effect reading as follows : (j1_ Pl ._ $ ARTICLE IV -OFFICERS: Section 12. Power of Attorney . 0 ex;> .E ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President , and subject to such lim itation as the Chairman or the =a ~ :g u President may prescribe , shall appoint such attorneys-in-fact , as may be necessary to act in behalf of the Corporation to make , execute, seal , acknowledge and deliver as surety l5 ~ ~ ~ any and all undertakings , bonds , recognizances and other surety obligations . Such attorneys-in -fact, subject to the limitations set forth in their respective powers of attorney, shall -o rJ -t:::: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed , such § a> ~ i3 instruments shall be as binding as if signed by the President and attested to by the Secretary . Any power or authority granted to any representative or attorney-in-fact under the ~ ~ provisions of this article may be revoked at any time by the Board , the Chairman , the President or by the officer or officers granting such power or authority . ~ ~ ARTICLE XIII -Execution of Contracts : Section 5. Surety Bonds and Undertakings . Any officer of the Company authorized for that purpose in writing by the chairman or the president , and subject to such limitations as the chairman or the president may prescribe , shall appoint such attorneys-in -fact, as may be necessary to act in behalf of the Company to make , execu te , seal , acknowledge and deliver as surety any and all undertakings , bonds, recognizances and other surety obligations . Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company . When so executed such instruments shall be as binding as if signed by the president and attested by the secretary . Certificate of Designation -The President of the Company , acting pursuant to the Bylaws of the Company , authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- tact as may be necessary to act on behalf of the Company to make, execute , seal , acknow ledge and deliver as surety any and all undertakings, bonds , recognizances and other surety ob ligations. Authorization -By unanimous consent of the Company's Board of Directors , the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds , shall be valid and binding upon the Company with the same force and effect as though manually affixed . I, Renee C. Llewellyn , the undersigned , Assistant Secretary , The Ohio Casualty Insurance Company , Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full , true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked . IN TESTIMONY WHEREOF , I ha '-'._e hereunto set my hand and affixed the seals of said Companies this 28th day of June , ~- LMS-12873 LMI C OCIC WAIC Multi Co 02121 ~.~ By:-.,£~-~=,.~~..,.....,..,,....___,,.-------- Renee C. Llewellyn , Assistant Secretary CHUBB ' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporatio ns o f the Commonwealth of Pennsylvania, d o each hereby constitute and appoint Thomas MacDonald, Marisol Mojica, Edward Reilly, Krystal L. Stravato, Jaclyn Thomas and Kevin T. Walsh Jr. of Whippany, New Jersey; Andrea E. Gorbert of Jericho , New York ; Neil C. Donovan, and Gerard Leib of Berwyn, Pennsylvania-------------------- each as their true and la wful Attorney-in-Fact t o execute u nder such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or o therwise, bonds a nd undertakings and other writings obligatory in the natu re thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or a ltering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these pres ents and affixed their corporate seals on this 6th day of April, 2022. (:)t).Wl,._'fll-~ ~JL\~ [twm ~I. Chlora;, Assistant 5€1:ret:iry STATE OF NEW JERSEY County of Hunterdon ss. Step hen ~I. Han ey. Vice President On this 6th day of April, 2022 before me, a Notary Public of New Jers ey, personally came Dawn M. Chl oros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, r espectively, of FEDERAL IN SURANCE COMPANY, VIGILANT IN SURANCE COMPANY, PACIFIC INDEMNI TY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY a nd ACE AMERICAN IN SURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depos e and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as s uch offi cers were duly affixed and s ubscribed by like authority. Notarial Se a l KATHERINE J . AOEL.AAR NOTARY PUBLIC OF NEW JERSEY No. 231668l! CommlSSion Expires July 16, 2024 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURAN CE COMPANY on March 20, 2009 : "RESOLVED, that th e following authorizations re lat e to the execution. for and on behalf of th e Company, of bonds, und e rtakings, recogniza nces, co ntracts and other writte n commitments of the Company entered into in the ordinary course of business (each a "Written Commitme nt"): (1) Each of the Chairman, th e President and the Vice Presidents of th e Company is he reby authorized to execute any Written Commionent for and on be half or th e Company, under th e seal of th e Company or otherwise. (2) Each duly appointed atto rn ey-i n-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to th e extent th at such action is a uthorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact (3) Each of the Cha irm an, the Pre sident and the Vice Pr esi de nts of th e Company is he reby authorized, for and o n behalf of the Company. to appoint in w riting any person th e attorncy-in- fact of th e Company with full power and authori ty to execute, for and on be half of the Co mpany, unde r the seal of the Co mpany or otherwise, s uch Written Commionents of the Company as may be s peci fi e d in s uch written appointment, w hi ch specification may be by general type or cl ass of Written Commitments or by specification of one or more pa rticular Written Commionents. (4) Each of th e Chairman, the Presid e nt and the Vice Presi dents of the Company is hereby authorized, for and on be half of the Com pany, to de legate in writing to any othe r officer of the Company the authority to execute, for and on behalf of the Company, unde r the Company's seal or otherwise, s uch Written Commitme nts of the Company as are specified in such w ritten delegation, which specification may be by general type or class of Written Commionents or by specification of one or more particula r Written Commitments. (5) Th e signature of any officer or other pe rson executing any Written Commitment or ap poin tm e nt or delegation pursuant to this Reso lution, and the seal of the Company, may be affixed by fa cs imile on such Writt e n Commitment or w ritten app ointm e nt or del ega ti o n. FURTHER RESOLVED, th at the foreg oin g Resolution shall not be deeme d to be an exclus ive statement of the powers an d authority of officers, employees and oth er persons to act for and o n be half of the Company, and such Resolution s hall not limit or otherwise affect the exercise of any such power or authority oth erwise validly gran ted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL IN SURANCE COMPANY, VIGILANT IN SURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors o f the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Giv en under my hand and seals of said Companies a t Whitehouse Station, NJ , this June 28, 2022 I:own M. Ch lores. ,\..~isl:m t Sec re t3 t,0 -IN THE EVENT YO U WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOT IFY US OF AN Y OTHER MATTER. PLEA SE CONTACT US AT : Tele hone 908 903· 3493 Fax 908 903· 3656 e-mail : su re @c hubb.com Combined: FED-VIG-PI-VVFIC-AAIC (rev. 11-19) POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN, NEW JERSEY 06446 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware , has made, constituted and appointed, and does hereby make , constitute and appoint: Krystal L. Stravato, Kevin T. Walsh, Jr., Thomas MacDonald, Edward Reill y, Marisol Mojica, Jaclyn Thomas each, it s true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name , place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require , and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide , in pertinent part: Article IV , Execution oflnstruments -Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice-President, any Assistant Vice President, the Secretary , or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute , affix the corporate seal manually or by facsimile to , acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing , any bonds, guarantees, undertakings, recognizances, powers of attorney or revocation s of an y powers of attorney, stipulations, policies of insurance , deeds, leases, mortgages, releases , satisfactions and agency agreements ; (b) to appoint, in writing, one or more persons for an y or all of the purpo ses mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11 , Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds , guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile , lithographed or otherwise produced . In addition , if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form , may be signed by the facsimile signature or signatures, lithographed or otherwise produced , of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purpose s herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when suc h instruments shall be is sued. I N WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate sea l hereunto affixed this 28th day of September, 2021. UNITED STATES FIRE INSURANCE COMPANY \~;JL Matthew E. Lubin , President State ofNew Jersey} County of Morris } On thi s 28th day of September, 2021 , before me , a Notary public of th e State of New Jersey, came the abo ve named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein , and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MELISSA H. D'ALESSIO NOTARY PIJ8UC OF NEW JERSEY :=~~ 1l1~1~'~ Melissa H. D' Alessio (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that th e original Power of Attorney of which the foregoing 2s a full , true and correct copy is still in force and effect and has not been revoked. ~ WITNESS \VH£REOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the28th day of June ZD 22 . UNITED ST ATES FIRE INSURANCE COMPANY I @-~--=---------------------------M_ 11 _ic-ha_~_1_c ___ f_ay_,_s_~_ni_o_r_v_ic_~_P_r_es-id_e_n_t-----------~ BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street , Su ite 1400 , Omaha , Nebraska 68102 -1944 ADMITTED ASSETS * 12/31/2021 12/31/2020 Total invested assets $ 6 ,504 ,184,299 $ 5 ,475 ,240 ,588 $ Premium & agent balances (n 552 ,510 ,359 603 ,615 ,506 All other assets 142 ,765 ,038 157 ,897 ,676 Admitted Assets $ 7 ,199 ,459 ,696 $ 6 ,236 ,753 ,770 $ LIABILITIES & SURPLUS * 12/31/2021 12/31/2020 Loss & loss exp . unpaid $ 1,142 ,116,028 $ 92 1,923 ,948 $ Unearned premiums 484 ,660 ,143 372 ,836 ,160 All other liabilities 1,163 ,007 ,684 1,054 ,922 ,210 Total Liabilities 2 ,789 ,783 ,855 2 ,349 ,682 ,318 Total Policyholders' Surplw 4,409 ,675 ,842 3 ,887 ,071 ,452 Total Liabilities & Surplus $ 7 ,199 ,459 ,697 $ 6 ,236 ,753 ,770 $ • Assets , liabilities and surplus are presented on a Stat utory Accoun t ing Basis as promulgated by t he NAIC and/or the laws of the company's domiciliary state. 12 /31/2019 5 ,172 ,183 ,338 368 ,086 ,012 127,524 ,677 5 ,667 ,794,027 12/31/2019 634 ,745 ,558 314 ,117,549 744 ,738 ,458 1,693 ,601 ,565 3 ,974 ,192 ,463 5 ,667 ,794 ,028 ....... ~LibertJ, \P Mutual LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT-DECEMBER 31, 2021 SURETY Assets Cash and Bank Deposits ......................................... $2 ,234,770,744 *Bonds - U.S Government..................................... 4,250 ,6 I 5,811 *Other Bonds ............................................................ 16 ,983,165,862 *Stocks ..................................................................... 20 ,075 ,458,019 Real Estate ............................................................. . 182 ,250 ,567 Agents' Balances or Uncollected Premiums........... 7,607 ,687 ,836 Accrued Interest and Rent s .................................... . 120,173 ,9 87 Other Admitted Assets ............................................ 14 ,076,622 ,575 Total Admitted Assets ..................................... $65,530,745,401 Liabilities Unearned Premiums ................................................ $9,106,965,847 Reserve for Claims and Claims Expense ................. 25,279,158,493 Funds Held Under Reinsurance Treaties................. 315 ,537,902 Reserve for Dividends to Policyholders .................. 1,726,291 Additional Statutory Reserve.................................. 139,634,000 Reserve for Commissions, Taxes and Other Liabilities ................................................ 8,638 , 106 ,80 I Total ................................................................. $43,481,129,334 Special Surplus Funds ................. $178,192 ,363 Capital Stock .............................. . 10,000 ,075 Paid in Surplus ............................ 11 ,804,736,755 Unassigned Surplus..................... I 0,056,686,874 Surplus to Policyholders ................................. 22,049,616,067 Total Liabilities and Surplus ................................ $65 530,745.401 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLA!EWSKI , Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true , and correct statement of the Assets and Liabilities of said Corporation, as of December 3 I , 2021 , to the best of my knowledge and belief. IN WITNESS WHEREOF , I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington , this 8th day of March, 2022 . Assistant Secretary S-1262LMIC/a 3/22 FEDERAL INSURANCE COMPANY STATaENT OF ASSETS, LIABIUTES AND SURPLUS TO POLICYHOLDERS SIIIIU1Dry Balls December 31, 2021 (ln thousands) ASSETS UAB/UTIES AND SURPLUS 70 POUCYHOLDERS Cash and Short Tenn Investments s United Slates Government, Slate .ind Municipal Bonds Other Bonds Stocks Other Invested Assets TOTAL INVESTMENTS Investments In Affiliates: Grut Northern Ins. Co. Vigilant Ins. Co. Chubb Indemnity Ins. Co. Chubb National Ins . Co. Other Affiliates Prerriums Receivable Other AsselS TOTAL ADMITTED ASSETS s (587,306) 4,271,534 5 ,994 ,873 675,588 1 647712 12.022,201 414,838 354,6118 183,242 190,801 118,373 1,728,853 3,078,486 1810871070 Oullllanding L-and Loss~ Reinsurance Payable on Losee ■ and Expenaes Uneaned Premiums Ceded ReinSUlllnce Premiums Payable Other Uebililie■ TOTAL UABILmEs Capital SIOck Paid-In Surplus Unaaigned Foods SURPLUS TO POLICYHOLDERS TOTAL UABILmES ANO SURPLUS S 8 ,701 ,383 1,484,198 2,400,711 388,332 498472 13 451 094 20,980 2,711,474 1,903,522 4 835 978 Investments are valued in aocordlnce wi1h requirements of the National Asaociltion of Insurance Commillioners. At December 31, 2021, investments with a carrying value of 150;,oes, 182 were deposited with govemmen1 authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Tayfor, being duly sworn, says that he is Senior Vic:e President of Federal Insurance Company and that to the best d his knowledge and belief the fon,going is a true and ccm,ct statemen1 of the said Company's financial oondilion as of the 31 st day of December, 2021 . Swombefora . tv\o.rcb U, I Zp2'2.. Commonwealth of Pen.nsytftnla • Notary Seal Jaime L. Yates, Notary Public Phlladelphla County My commission expires Septamber 19, 2023 CQmmission tlUTl'lber 13!7070 Member, Pennsylvania Aaaoclatlon of Notaries -= UNITED STATES FIRE INSURANCE COMPANY 1209 ORANGE STREET, WIIMINGTON, DELAWARE 19801 STATEMENT OF ASSETS, LIABILlTIES , SURPLUS AND OTIIERFUNDS AT DECEMBER 31, 2021 ASSEis. Bonds (Amortized Value)................................................................................................... 903,307,173 Preferred Stocks (Market Value)........................................................................................... 105,571,429 Common Stocks (Market Value)........................................................................................... 1,504,759,231 Mortgage Loans (Market Value)........................................................................................... 446,047,113 Cash, Cash Equivalents , and Shon Term Investments .................................................................. 1,184,428,501 Derivatives ...................................................................... ... ........ .. ............... ......... ......... 8,536,548 Othe r Invested Assets ........................................................................................................ 336,487,236 Investment Income Due and Accrued ...................................................................................... 10,016,168 Premiums and Considerations .............................................................................................. 431,207,743 Amounts Recoverable from Rcinsurers ... .................................... ............................................. 68,151,803 Funds Held by or Deposited wi th Reinsured Companies ............................................................... 29,595,868 Net Deferred Tax Asset...................................................................................................... 160,701,318 Electronic Data Processing Equipment ..................................................................................... 2,01 1,585 Receivables from Parent, Subsidiari es and Affil iates ................................................................... 114,953,836 Other Assets ................................................................................................................... -----'-97-'-''"'-5""19"",6"'7""6_ TOT AL ASSETS ....................................................................................... =$========5=.4=03=.2=9=5,522=8= LIABil.ITIES, SURPLUS & OTIIER FUNDS Losses (Reported Losses Net of Reinsurance Ceded and Incurred But Not Reported Losses)................................................................................................... 1,866,433,397 Reinsurance Payable on Paid Losses and Loss Adj ustment Expens es................................................ 88 ,108,310 Loss Adjus tment Expenses .................................................................................................. 322,459,750 Commissions Payable. Contingent Commissions and Other Sim il ar Charges ....................................... 8,674 ,938 Other Expenses (Excluding Taxes, Licens es and Fees)................................................................. 75 ,718,281 Taxes. Licens es and Fees (Excluding Federal Income Taxe s)......................................................... 32,725,021 Current Federal and Foreign Income Taxes ............................................................................... 62 ,383 Unearned Premiums .......................................................................................................... 845,288,567 Advance Prem ium............................................................................................................ 7,921 ,829 Ceded Rein suran ce Premiums Payable .................................................................................... 72,110,703 Funds Held by Company under Reinsurance Treaties .................................................................. 24,081,128 Amounts Withheld hy Company for Account of Othe rs ................................................................ 147,974,892 Provision for Rein suran ce ................................................................................................... 3,350,178 Payabl e to Paren t, Subsidiari es and Affil iates ............................................................................ 13,084,638 Other Liabilities ............................................................................................................... ____ 4_1~,9_5_2~)._7_8_ TOTAL LlABILITIES ................................................................................. =$=. ==3=,5=49,,,.,9=4=6.,..2=93= Common Capital Stock ...................................................................................................... 18,780,000 Gross Paid In and Contrib uted Surp lus .................................................................................... 1,577,074,940 Unassigned Funds (Surplus) ................................................................................................ ____ 25_7 ,~4'-93~,9~9_5_ Surpl us as Regards Policyholders .................................................................... -,--~l~,8-"5"'3 ... ,3'-4"'8"",9""3-"-5- TOTAL LIABll..TDES , SURPLUS & OTHER FUNDS .......................................... =$========5,..,4=03=,2=9=5=,22=8= I, Carmine Scaglione, Senior Vice President and Co ntroller of UNITED STA TES FIRE INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets . Liabilit ies . Surplus and Other Funds of th is Company, at the close of bu si nes s, December 31 , 2021 , as refle cted by its books and records and as reported in its statement on file wit h the Insuranc e Department of the State of Delaware . IN TESTIMONY WHEREOF, I hav e set my hand and affixed the seal of the Compa ny, this 1st day of March , 2021. UNITED STATES FIRE INSURANCE COMPANY EXHIBIT 8-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense , carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation . The Contractor shall procure and maintain property insurance upon the entire project , if required , to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant , Subcontractors, agents and employees of each and all of them , all damages covered by property insurance provided herein , except such rights as they may have to the proceeds of such insurance . The Contractor and County shall, where appropriate , require similar waivers of subrogation from the County 's separate Contractors , Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts . Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title . The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County , Florida, as an addit ional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners , OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County . The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description , or must read : For any and all work performed on behalf of Collier County . The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents . If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage , Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations . All self-insured retentions or deductibles will be Contractor 's sole responsibility . Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation , whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County , in a like manner , within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy . Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased . If Contractor fails to reimburse the County for such costs within thirty (30) days after demand , the County has the right to offset these costs from any amount due 17 Construction Services Agreement: [2022_ver .3] § Contractor under this Agreement or any other agreement between the County and Contractor . The County shall be under no obligation to purchase such insurance , nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used . The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents . If the initial or any subsequently issued Cert ificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate . Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered just ification for the County to terminate any and all contracts. [END OF EXHIBIT B-3] 18 Co nstruction Services Agreement: [2022_v EXHIBIT C : RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me , the undersigned authority, personally appeared ___________________ who after being duly sworn, deposes and says : (1) In accordance with the Contract Documents and in consideration of $ _________ to be received , _________________ ("Contractor") releases and waives for itself and it's subcontractors , material- men, successors and assigns , all claims demands, damages , costs and expenses , whether in contract or in tort , against the Board of County Commissioners of Collier County , Florida, relat ing in any way to the performance of the Agreement between Contractor and Owner, dated ________ ,20__ for the period from ________ to __________ . This partial waiver and release is conditioned upon payment of the consideration described above . It is not effective until said payment is received in paid funds . (2) Contractor certifies for itself and its subcontractors , material-men , successors and assigns, that all charges for labor, materials , supplies, lands , licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions , claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's (monthly/final] Application for Payment No. __ . Witness Witness STATE OF COUNTY OF CONTRACTOR BY : __________ _ ITS: _____________ President DATE : [Corporate Seal] The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization, this day of ________ 20 __ , by __________________ , as _____________ of _______________ , a __________ corporation , on behalf of the corporation . He/she is personally known to me OR has produced _____________________ as identification and did (did not) take an oath . My Commission Expires : (AFFIX OFFICIAL SEAL) (Signature of Notary Public) NAME : (Legibly Printed) Notary Public , State of _________ _ Commissioner No .: __________ _ 19 Construction Services Agreement: [2022_ver .3] § EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier Countv Board of Countv Commissioners (the OWNER) or Collier Countv Water-Sewer Owner's Project Bid No . Manaqer's Name : Proiect No . County 's Division Name Purchase Order No . Submitted by Contractor Application Date : Representative: Name Contractor's Name & Payment Application No . Address : Original Contract Time : Oriqinal Contract Price: $ Revised Contract Time : Total Chanqe Orders to Date : $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date : Retainage @5% through $ Retainage @ 5% through [Insert $ [Insert Date] datel Retainage @ __ % $ Less Retainage $ after [Insert date] Total Earned Less Retainaqe $ Less previous oayment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date : APPLICATION : Percent Contract T ime % Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR 'S CERTIFICATION : The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in ful l all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through __ inclusive ; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens , claims , security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due ; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work . K:;ontractor 's Name :Contractor's Signature : Date : l rT"ype Title : Shall be signed by an authorized reoresentative of the Contractor. ~avment to the CONTRACTOR for the above AMOU NT DUE THIS APPLICAT ION is recommended bv: Design Professional's Name : !Signature : Date : j !Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommen ded bv: !Owner's Project Manager Name : !Signature : Date: l 20 Construct ion Serv ices Agreement: [2022_ver .b ~ EXH IBIT D (Continued) SCHEDULE OF VALUES Project Name : Project Number: Date: Period To : ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% 'lo TOTAL - NUMBER VALUE MATERIALS COMPLETED COMPLETE TORNISH RETAJNAGE RETAJNAGE RETAJNAGE PREVIOUS APPLICATIONS THIS &STORED (reduced rate) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE .·, ' I@."' TOTALS • Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a re l ease or reduction of retain age issue comes into play, If this happens, all information up to the date of the % change in retain age is placed in the Thru Date column, Information after that date is placed in the Since Date co lumn. This states what has happened since the change in retainage, 21 Construction Services Agreement: [2022_v~ ~ Date Exhibit D (Continued) Description Invoice Supplier Number Stored Materials Record A B Previously Received Received This Period Formula · A+ B - C -D = E C D E Balance Previously Installed To Installed This Period Install 22 Construction Services Agreement: [2022_ EXHIBIT E: CHANGE ORDER ~ 0 Contract Modification 0 Work Order Modification Contract#: .... I ____ __,I Change #:~I ____ ~I Purchase Order#:~----------' Contractor/Firm Name: ContracUProject: Procurement Services Change Order Form Project#: ~I _____ _, Project Manager Name:~--------------' Division Name:~----------------~ Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Appro1.ed Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total I $ 0 .001 #DIV/0 ! Change from Current BCC Appro1.ed Amount Cumulati1.e Chances I $ o.ool #DIV/0 ! Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed I I Original I I Last Approved I I Revised Date I Date ~-========-=..-' Completion Date ~----~-Date ~. ----~ (Includes this change) ~----~ # of Days Added I I Select Tasks O Add new task(s) 0 Delete task(s) 0 Change task(s) 0 Other Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and/ or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the Impact if this change Is not processed . Atta ch additional information from the Design Professional and /o r Contractor if needed . Prepared by :-=---,----,,-,--------:---,--------------------- (Project Manager Name and Divi sion) Date : ______ _ Acceptance of this Change Order shall constitute a modification to contract/ work order identified above and will be subject to all the same terms and conditions as contained in the contract/ work order indicated above , as fully as if the same were stated in this acceptance . The adjustment, if any , to the Contract shall constitute a full and final settlement of any and al l claims of the Contractor I Vendor / Consultant / Design Professional arising out of or re lated to the change set forth herein , includ ing cla ims for impact and delay costs . Accepted by :-,----------,,----------,,----,--,----,--,....,.,--..,...,,,---,-,--,-----,-~ (Contractor I Vendor / Consultant / Design Professional and Name of Firm , if project applicable) Accepted by :-------------------------------- (Design Professional and Name of Firm, if project applicable) Approved by :=---,------,,,---,----------------------- (Division Director or Des ignee) Approved by :-,-----=-----,------------------------ (Procurement Profess ional ) f1c,1sed 011141?0?1 Date : ______ _ Date : ______ _ Date : ______ _ Date : ______ _ 23 Construction Services Agreement: [2022_ve. i;..3]:\ f",'.C )J - CO# AMO# Revised 0111 4120?1 Change Order/Amendment Summart COST TIME Description Additive Deductive Days New Justification (+) (-) Added Amount (Divisions wtio m,11 require addition11I signatures may include on se;};irare s heet) PROCURi:ME!H USE Ottl V .:..rlmm 24 Construction Services Agreement: [2022_ver.3 CAO \,___., EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No . _____ _ Design Professional 's Project No . _____ _ PROJECT: CONTRACTOR: Contract For Contract Date --------------------------------- This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To And To OWNER Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on : DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within _____ days of the above date of Substantial Completion . The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows : RESPONSIBILITIES : 25 Construction Services Agreement: [2022_ver.3) § OWNER: CONTRACTOR ________________________ _ The following documents are attached to and made a part of this Certificate : This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents . Executed by Des ign Professional on ____________ ,20 __ Design Professional By : _______________ _ Type Name and Title CONTRACTOR accepts th is Certificate of Substantial Completion on __________ , 20 __ CONTRACTOR By : Type Name and Title OWNER accepts this Certificate of Substantial Completion on __________ , 20 __ OWNER By : Type Name and Title 26 Construction Services Agreement: [2022_v~ ~ EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: ______ Project No .: ____ PO No .: ___________ Date : ___ _ Contractor: ---------------------------------The following items have been secured by the ____________________ _ for the Project known as ----------------------------- and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: ________ Final Contract Amount: Commencement Date : Substantial Completion Time as set forth in the Agreement: _____ Calendar Days. Actual Date of Substantial Completion: ___ _ Final Completion Time as set forth in the Agreement: _____ Calendar Days . Actual Final Completion Date : ___ _ YES NO 1. All Punch List items completed on ____________ _ 2 . Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4 . 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: ___ _ 6 . Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No .: ______________ _ issued on _____________ (attach to this form). 8. Certificate of Substantial Completion issued on ________ _ 9. Final Payment Application and Affidavits received from Contractor on : 10. Consent of Surety received on _____________ _ 11 . Operating Department personnel notified Project is in operating phase . 12 . All Spare Parts or Special Tools provided to Owner: ______ _ 13. Finished Floor Elevation Certificate provided to Owner: _____ _ 14. Other: If any of the above is not applicable , indicate by NIA If NO is checked for any of the above, attach explanation . Acknowledgments : By Contractor: By Design Professional : By Owner: ______________________ (Company Name) _______________________ (Signature) ______________________ (Typed Name & Title) _______________________ (Firm Name) _______________________ (Signature) ______________________ (Typed Name & Title) _______________________ (Department Name) _______________________ (Signature) ______________________ (Name & Title) 27 Construction Services Agreement: [2022_ver .3 CAO EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a funct ionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents . Any work , materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well -known techn ical or trade meaning are used to describe work , materials or equipment, such words shall be interpreted in accordance with that mean ing . Reference to standard specifications , manuals or codes of any technical society , organization or assoc iation or to the laws or regulat ions of any governmental authority having jurisdiction over the Project , whether such reference be specific or by implication , shall mean the latest standard specification , manual , code, law or regulation in effect at the time the Work is performed , except as may be otherwise specifically stated herein . 1.2 If before or during the performance of the Wo rk Contractor d iscovers a conflict, error or discrepancy in the Contract Documents , Contractor immediately shall report same to the Project Manager in writing and before proceed ing with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarificat ion from the Project Manager may require Contractor to consult directly w ith Design Professional or some other third party , as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other informat ion known to Contractor with the Contract Documents before commencing any portion of the Work . 1.3 Draw ings are intended to show general arrangements , design and extent of Work and are not intended to serve as shop drawings . Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work , trades , subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings , specifications or other Contract Document provisions , Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws , fittings , fillers , hardware , accessories , trim and other parts required in connection with any portion of the Work to make a complete , serviceable , finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2 .1 Subject to Section 2 .3 below , Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions , and part icularly , but without limitation , with respect to the follow ing : 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 fac ilities ; climatic conditions and seasons ; physical conditions at the work-site and the project area as a whole ; topography and ground surface conditions ; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work ; and all other costs associated with such performance . The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilit ies to perform under the Contract Documents , nor shall it be considered the basis for any claim for additional time or compensation. 28 Construction Services Agreement: [2022_ver .3) Q ~ 2.2 Contractor shall locate all existing roadways, railways , drainage facilities and utility services above , upon, or under the Project site , said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2 .2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents , and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions . Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work , Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance , or both , for such Work . If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services , and that no change in the terms of the Agreement is justified , Owner shall so notify Contractor in writing , stating its reasons . Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor 's receipt of Owner's written determination notice . If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance , the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties . 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval , a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents , and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and complet ing the various stages of the Work . 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below . The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified , work will generally be 29 Construction Services Agreement : [2022_ver.3] limited to the hours of 7 a.m . to 7 p.m ., Monday through Saturday . No work shall be performed outside the specified hours w ithout the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Applicat ion for Payment , Contractor shall submit to Project Manager, for the ir review and approval , a schedule of values based upon the Contract Price , listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manage r, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representat ive and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any mod ifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date . Notwithstanding anything herein to the contrary , if approved by Owner in its sole discret ion , Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidenc ing the premium pa id by Contractor for the bonds . 4 .3 Unless expressly approved by Owner in advance and in writing , said approval at Owner's sole discretion , Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project , but delivered and suitably stored at the site or at another location , and such payment and storage have been agreed to by Owner in writing , the Application for Payment also shall be accompanied by a bill of sale , invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens , charges , security interests and encumbrances , together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein , all of which shall be subject to the Owner's sat isfaction . Thereafter, with each Appl icat ion for Payment , Contractor also shall complete and submit to Owner as part of its Application for Payment , the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S ., the Project Manager, or Design Professional, shall either : (1) Indicate its approval of the requested payment ; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore ; or (3) return the Application for Payment to the Contractor indicating , in writing , the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218 .735 , F.S. and the adm inistrative procedures established by the County's Procurement Services Division and the Clerk of Court 's Finance Department respectively . 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall , within ten (10) business days after the Application for Payment is 30 Construction Services Agreement: [2022_ver .3] stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved . 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%}, as permitted by Section 255 .078, Florida Statutes . The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078 , Florida Statutes . Any reduction in retainage below the maximum amount set forth in Section 255.078 , Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherw ise agreed to by the Owner in accordance with Florida Statute 255 .078 . Any interest earned on retainage shall accrue to the benefit of the Owner. 4 . 7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment , subsequent to the first pay application , shall be accompanied by a Release and Affidavit , in the form attached as Exhibit C , acknowledging Contractor's receipt of payment in full for all materials , labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion , Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or suppl ier has been paid in full through the previous month's Application for Payment. The Owner shall not be requ ired to make payment until and unless these affidavits are furnished by Contractor . 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule . Accordingly , prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval , a detailed Project Funding Schedule , which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time . No voluntary acceleration or early completion of the Work shall mod ify the time of payments to Contractor as set forth in the approved Project Fund ing Schedule . 4 .10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement , Contractor shall continue to perform the Work required of it under this Agreement pending resolut ion of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable . 4 .11 Payments will be made for services furnished , delivered , and accepted , upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "!aches " as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invo ices under this agreement. 4 .12 The County may , at its discretion , use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit ca rd transaction fees) as a result of using the County 's credit card for transactions relat ing to this solicitation 31 Construction Services Agreement: [2022 _ver.3] 5. PAYMENTS WITHHELD. 5 .1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents . The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims ; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment ; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount ; (e) reasonable indication that the Work will not be completed within the Contract Time ; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5 .1. are not remedied or removed, Owner may, after three (3) days written notice , rectify the same at Contractor's expense. Provided however, in the event of an emergency , Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees . A related entity shall be defined as any Parent or Subsidiary of the Company and any business , corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly . 6. FINAL PAYMENT. 6 .1 Owner shall make final payment to Contractor in accordance with Section 218.735 , F.S . and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20 .1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage , the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist , a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Construction Services Agreement: [2022_ver.3] ~ (:_O) those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7 .1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results , schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted , materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7 .3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty . All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated . The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means , method, technique , sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents . The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement: [2022 _ver .3] f 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be , to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order , a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute . The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby . Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute . 8. DAILY REPORTS, SIGNED AND SEALED AS-BU IL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following : 8 .1.1 Weather conditions showing the high and low temperatures during work hours , the amount of precipitation received on the Project site , and any other weather conditions which adversely affect the Work ; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade ; 8 .1.5 All equipment present at the Project site , description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 8.1.7 8.1.8 8 .1.9 8.1.10 of performance . Description of Work being performed at the Project site; Any unusual or special occurrences at the Project site ; Materials received at the Project site; A list of all visitors to the Project Any problems that might impact either the cost or quality of the Work or the time The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents . 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including , but not limited to, all drawings , specifications, addenda, amendments , Change Orders , Work Directive Changes and Field Orders , as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Construction Services Agreement: [2022_ver.3] made during construction . The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions , changes resulting from Change Orders , Work Directive Changes and Field Orders , and all concealed and buried installations of piping, conduit and utility services . All buried and concealed items , both inside and outside the Project site , shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e .g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and leg ible 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 condit ion precedent to Contractor's entitlement to final payment, these "As-Built" record documents , samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and support ing documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law , whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requ irements in 119 .0701 (2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-57 46 Telephone: (239) 252-8999 Email: PublicRecordRequest@colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the publ ic agency 's custodian of public records , provide the public agency with a copy of the requested records or allow the records to be inspected or copied w ithin a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law . 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not d isclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4 . Upon completion of the contract, transfer , at no cost , to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract , the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements . If the Contractor keeps and maintains public records upon completion of the contract , the Contractor shall meet all applicable requirements for retaining public records . All records stored electronically must be provided to the public 35 Construction Serv ices Agreemen t: [20 22_ver .3] M e,r?I agency, upon request from the public agency 's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9 .1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site , so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means , methods , techniques, sequences , and procedures, as well as coordination of all portions of the Work under the Contract Documents , and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12 .2. herein . 9 .2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation , strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay , stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension . 9.3 No interruption, interference , inefficiency , suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part , shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay . Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early complet ion , as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10 .1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change . Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items . Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed : (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Construction Services Agreement: [2022_ver.3] @ 10 .2 A Change Order, in the form attached as Exhibit E to this Agreement , shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes . Contractor shall promptly perform changes authorized by duly executed Change Orders . The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree . 10 .3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive . In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above . No markup shall be placed on sales tax, shipping or subcontractor markup . 10 .5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change . 10 .6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents . Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10 .7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11 .1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents . The responsibility to substantiate a Claim shall rest with the party making the Claim. 11 .2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim . Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction Services Agreement: [2022_ver.3] Q e9 the event, unless the Owner grants additional time in writing , or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action , suit or administrative proceeding, unless otherwise agreed to by the Owner in writing . Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the s ite by Owner's own forces, have other work performed by utility owners or let other direct contracts . If the fact that such other work is to be performed is not noted in the Contract Documents , written notice thereof will be given to Contractor prior to starting any such other work . If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12 .2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting , fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work . Contractor shall not endanger any work of others by cutting , excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays , defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results . Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13 .1 To the maximum extent permitted by Florida law , the Contractor shall defend , indemnify and hold harmless Collier County , its officers and employees from any and all liabilities, damages , losses and costs, including , but not limited to , reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13 .2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party . The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement: [2022_ver .3] Q ~ any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the exp iration or earlier termination of th is Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents , insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms , conditions , requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14 .1 Contractor agrees to comply , at its own expense , with all federal, state and local laws , codes, statutes , ordinances , rules , regulations and requirements applicable to the Project, including but not limited to those dealing with taxation , worker's compensation , equal employment and safety (including, but not limited to , the Trench Safety Act , Chapter 553 , Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing . To the extent any law, rule , regulation , code , statute , or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary , it is understood and agreed that in the event of a change in any applicable laws , ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14 .2 By executing and entering into this agreement , the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S .C . 1324, et seq . and regulations relating thereto , as either may be amended . Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14 .3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute , §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (OHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of wo r kers in the United States ; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (1TB) and Request for Proposals (RFP) including professional services and construction services. Contractors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment , at the time of the submission of the Contractor 's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company . Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program . The affidavit is attached to the solicitation documents . 39 Construction Services Agreement: [2022_ver .3] Q e, If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. Additionally , Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program " clause above . For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website : http://www.dhs .gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges , and without exception or stipulation , any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C . 1324 , et seq . and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately . 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris , rubbish and waste materials arising out of the Work . At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and mach inery and surplus materials , and shall leave the Project site clean and ready for occupancy by Owner. 15 .2 Any existing surface or subsurface improvements , including , but not limited to, pavements, curbs , sidewalks , pipes , utilities , footings , structures , trees and shrubbery, not indicated in the Contract Documents to be removed or altered , shall be protected by Contractor from damage during the prosecution of the Work . Subject to the Section 2.3 above , any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16 .1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement , or any part herein, without the Owner's consent, shall be void . If Contractor does , with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218 .80 , F.S., Owner will pay for all Collier County permits and fees, including license fees , permit fees , impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits . Owner will not be obligated to pay for any permits obtained by Subcontractors . 40 Construction Services Agreement: [2022_ver .3] ~ '---" 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18 .1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement , in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified here in ; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable ; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days ; or (8) makes an assignment for the benefit of creditors ; or (9) fails to obey any applicable codes, laws, ordinances , rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion , then Owner, at its option , without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement , in whole or in part , and take possession of all or any portion of the Work and any materials, tools , equipment , and appliances of Contractor , take assignments of any of Contractor's subcontracts and purchase orders , and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion , may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs , losses , damages and extra expenses , including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion , shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount , Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection , attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs , expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid , expenses and losses incurred , damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement: [2022_ver.3] or re-letting the Work , and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18 .5 If, after notice of termination of Contractor's right to proceed pursuant to this Section , it is determined for any reason that Contractor was not in default , or that its default was excusable , or that Owner is not entitled to the remedies against Contractor provided herein , then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18 .6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement , and (ii) Owner has failed to cure such default w ithin fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty ( 120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing port ions 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, term inate the Agreement and recover from the Owner payment for Work performed through the termination date , but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19 .1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience , Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination , together with any retainage withheld and reasonable termination expenses incurred , but Contractor shall not be entitled to any other or further recovery against Owner, including , but not limited to , damages or any anticipated profit on portions of the Work not performed . 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended , Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents . In no event shall the Contractor be entitled to any additional compensation or damages . Provided, however, if the ordered suspension exceeds six (6) months , the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension . 20. COMPLETION. 20 .1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use , Contractor shall not ify Project Manager in writing that the entire Work (or such designated port ion) is substantially complete . W ithin a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of complet ion . If Owner, after conferring with the Design Professional, does 42 Const ruction Serv ices Agreement: [2022_ver .3] Q ~ not consider the Work (or designated portion) substantially complete , Project Manager shall notify Contractor in writ ing giving the reasons therefore. If Owner, after conferring with the Design Profess ional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion , but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets , including materials, supplies , and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that , on the basis of their observations and inspections , and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents , that the entire balance found to be due Contractor is due and payable . Neither the final payment nor the retainage shall become due and payable until Contractor submits : (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts , releases and waivers of liens , arising out of the Contract Documents , to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations . Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21 .1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials , equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality , free from all defects and in conformance with the Contract Documents . Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied , installed , connected, erected , used , cleaned and conditioned in accordance with the instructions of the applicable manufacturers , fabricators, suppliers or processors except as otherwise provided for in the Contract Documents . If, within one (1) year after Substantial Completion , any Work is found to be defective or not in conformance with the Contract Documents , Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair . Further, in the event of an emergency , Owner may commence to correct any defective Work , without prior notice to Contractor, at Contractor's 43 Construction Services Agreement: [2022_ver .3] expense . These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law . 21.2 No later than 30 days prior to expiration of the warranty , the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection . Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies ava ilable to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional , their respective representatives, agents and employees , and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site , for their observation , inspection and testing . Contractor shall provide proper , safe conditions for such access . Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections , tests or approvals . 22.2 If the Contract Documents or any codes , laws , ordinances , rules or regulations of any public authority hav ing jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection , testing or approval. All inspections , tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22 .3 Contractor is responsible , without reimbursement from Owner, for re-inspection fees and costs ; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected , tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation . Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice . If any Work is covered contrary to written directions from Project Manager, such Work must , if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22 .5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection w ith any overtime work . Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays . 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents . 23. DEFECTIVE WORK. 23.1 Work not conforming to the requ irements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work . If required by Project Manager, 44 Construction Services Agreement: [2022_ver .3] ~ '--" Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work . Contractor shall bear all direct , indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects , attorneys and other professionals) made necessary thereby , and shall hold Owner harmless for same . 23 .2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested , Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation , inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective , Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure , observation , inspection and testing and of satisfactory reconstruction (including, but not limited to , fees and charges of eng ineers , architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective , Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time , directly attributable to such uncovering , exposure , observation , inspection , testing and reconstruction. 23 .3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers , suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any port ion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised , if at all , solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine , at its sole opinion , it is in the Owner's best interest to accept defective Work, the Owner may do so . Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determinat ion is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment , Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work . 23 .5 If Contractor fails , within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents , or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor , correct and remedy any such deficiency . Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action , Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto , take possession of Contractor's tools, appliances , construct ion equipment and mach i nery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents , and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph . All direct , indirect and consequential costs 45 Construction Services Agreement: [2022_ver .3] of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued , incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals , all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction , removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize , supervise, schedule, monitor, direct and control the Work competently and efficiently , devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval , and if so removed must be immediately replaced with a person acceptable to Owner. 24 .2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition , the Project Manager shall , at his discretion , deduct from the Contractor's monthly pay estimate , sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty , but as liquidated damages , separate from the liquidated damages described in Section 5.8 , for services not rendered. 25. PROTECTION OF WORK. 25 .1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made . If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors , Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25 .2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure , nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25 .3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors , agents or anyone for whom Contractor is legally liable , disturbs the Owner or Design Profess ional's benchmarks , Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 46 Construction Services Agreement: [2022_ver .3] shall re-establ ish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith . 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto , Contractor, without special instruction or authorization from Owner or Design Professiona l is obligated to act to prevent threatened damage , injury or loss . Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency , if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby . If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency , a Change Order shall be issued to document the consequences of the changes or variations . If Contractor fails to provide the forty-eight (48) hour written notice noted above , the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time . 27. USE OF PREMISES. 27 .1 Contractor shall ma intain 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 s ite with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area , or to the owner or occupant thereof, or any land or areas contiguous thereto , resulting from the performance of the Work . 28. SAFETY. 28.1 Contractor shall be responsible for initiating , maintain ing and supervIsIng all safety precautions and programs in connection with the Work . Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to : 28 .1.1 All employees on or about the project site and other persons and/or organizat ions 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 appl icable codes , laws , ordinances, rules and regulations of any publ ic body having jurisdiction for the safety of persons or property or to protect them from damage , injury or loss . Contractor shall erect and maintain all necessary safeguards for such safety and protection . Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them , and shall cooperate with them in the protection , removal , relocation or replacement of their property. 47 Construction Services Agreement: [2022_ver.3] Contractor's duties and responsibilities for the safety and protection of the Work shall continue unt il such time as the Work is completed and final acceptance of same by Owner has occurred . All new electrical installations shall incorporate NFPA ?OE Short Circuit Protective Device Coordination and Arc Flash Stud ies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA ?OE arch flash boundary and PPE Protective labels . 28.3 . Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents . This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol , drugs and all illegal substances are strictly prohibited on any Owner property . All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun , rifle or other firearm , or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility . In such event , Contractor shall comply with the following: 28 .5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28 .5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees ' clothing at all times . All Employees working at the Project site must log in and out with the Contractor each day; 28 .5.3 Contractor shall strictly limit its operat ions to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent ; 28 .5.4 All Employees are prohibited from distributing any papers or other materials upon Owner 's property , and are strictly prohibited from using any of Owner's telephones or other office equipment ; 28 .5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site . Further, all Employees shall comply with the dress , conduct and facility regulations issued by Owner's officials onsite , as said regulations may be changed from t ime to time ; 28.5 .6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated , from time to time, by Owner in writing ; 28 .5 . 7 When requested , Contractor shall cooperate with any ongoing Owner investigation involving personal injury , economic loss or damage to Owner's facilities or personal property therein ; 48 Construction Services Agreement: [2022_ver .3) 28 .5.8 The Employees may not solicit , distribute or sell products while on Owner's property . Friends, family members or other visitors of the Employees are not permitted on Owner's property ; and 28 .5.9 At all times , Contractor shall adhere to Owner's safety and security regulations , and shall comply with all security requirements at Owner's facilities , as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work , the Contractor shall attend a pre-construction conference with the Project Manager, Design Profess ional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment , and to establish a working understanding among the parties as to the Work . During the prosecution of the Work , the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project , when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppl iers attend all such meetings (includ ing the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25 ,000 . To this end , vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Coll ier County Right-of-Way , the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation 's Design Standards (OS), where applicable on state roadways . These projects shall also comply w ith Coll ier County 's Maintenance of Traffic Policy , #5807 , incorporated herein by reference . Copies are available through Risk Management and/or Procurement Services Division , and is available on-line at colliergov.net/purchasing . The Contractor will be responsible for obtaining copies of all required manuals , MUTCD, FOOT Roadway & Traffic Design Standards Indexes , or other related documents , so to become familiar with their requirements . Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page . If MOT is required , MOT is to be provided within ten (10) days of receipt of Notice of Award . 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales , consumer , use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax . Additionally , as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work , as set forth in section 32 .2 below : 49 Con struction Services Agreement: [2022_ver .3] 32 .2 Notwithstanding anything herein to the contrary , because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project , Owner reserves the right to make direct purchases of various construct ion materials and equipment included in the Work ("Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases , unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering , inspecting , accepting delivery , storing, handl ing , installing , warranting and quality control for all Direct Purchases . Notwithstanding anything herein to the contrary , Contractor expressly acknowledges and agrees that all Direct Purchases shall be included wi thin and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents . In the event Owner makes a demand against Contracto r with respect to any Direct Purchase and Contractor wishes to make claim aga inst the manufacturer or supplier of such Direct Purchase , upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212 , Florida Statutes , and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33 .1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities . Contractor will determine the breakdown and composition of bid packages for award of subcontracts , based on the current Project Milestone Schedule , and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints , total time for completion , construction market conditions , availability of labor and materials , community relations and any other factors pert inent to saving time and costs . 33 .2 A Subcontractor is any person or entity who is performing, furnish ing , supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors . Contractor shall negotiate all Change Orders , Work Directive Changes , Field Orders and Requests for Proposal , with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness , acting in Owner's best interest , prior to requesting approval of any Change Order from Owner. All Subcontractors performing any port ion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69 , meaning a person or entity that has the capability in all respects to perform fully the Agreement requ irements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance . 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors , including their addresses , licensing information and phone numbers , it intends to util ize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction Services Agreement: [2022_ver.3] Q e, The list ident ifying each Subcontractor cannot be modified , changed , or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work . Contractor shall continuously update that Subcontractor list , so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work , as well as maintain a log of all such licenses . All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents , as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon term ination of Contractor , (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order , (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman 's compensation and business automobile policies , (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order . Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound . Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors . 33 .5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e .g ., general concrete forming and placement, masonry , mechanical , plumbing, electrical and roofing) included in its subcontract or purchase order. In addition , the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work . The supervisory employees of the Subcontractor (including field superintendent , foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years . The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work . 33 .6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide : 33 .6 .1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control , including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time . 33.6.2 In the event of a change in the work , the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33 .6 .3 The subcontract or purchase order, as applicable , shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction Services Agreement: [2022_ver.3] price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33 .6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims . 34 . CONSTRUCTION SERVICES. 34 .1 Contractor shall maintain at the Project site , originals or copies of, on a current basis, all Project files and records , including, but not limited to, the following administrative records : 34.1.1 34.1 .2 34 .1.3 34.1.4 34 .1.5 34 .1.6 34 .1.7 34 .1.8 34 .1.9 34.1 .10 34 .1.11 34 .1.12 34.1.13 34 .1.14 34.1 .15 34 .1.16 34 .1.17 34 .1.18 34 .1.19 34 .1.20 34 .1.21 34.1 .22 34.1.23 34 .1.24 34 .1.25 34 .1.26 34 .1.27 34.1.28 34.1.29 34 .1.30 34.1 .31 34 .1.32 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying . 52 Construction Services Agreement: [2022_ver .3] 34 .2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners , "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee . Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include , but not be limited to , the following information: Original contract amount, project schedule , project completion date and any changes to the aforementioned since Notice to Proceed was issued . 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52 , as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs . If required , Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include , but not be limited to , checking federal , state and local law enforcement records , including a state and FBI fingerprint check , credit reports , education, residence and employment verificat ions and other related records . Contractor shall be required to maintain records on each employee and make them ava ilable to the County for at least four (4) years . All of Contractor's employees and subcontractors must wear Collier County Government Identificat ion badges at all times wh ile performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from t he date of issuance and can be renewed each year at no cost to the Contractor during the time period in wh ich their background check is valid , as discussed below . All technicians shall have on their shirts the name of the contractor 's business . The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems . Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process , the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County , Florida , which courts have sole and exclusive jurisdiction on all such matters . 37. VALUE ENGINEERING . All projects w ith an estimated cost of $10 million or more shall be reviewed for consideration of a Value Eng ineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts , which may include but not be limited to : design, construction , and construction, engineering and inspection (CEI) services . Additionally , any project with an estimated const ruction value of $2 million or more may be reviewed for VE at the discretion of the County . 53 Construction Serv ices Agreement: [2022_ver.3] 38. ABOVEGROUND/UNDERGROUND TANKS. 38 .1 The contractor shall ensure compliance with all NFPA regulations : specifically 11 O & 30/30A; FDEP chapter 62 regulations : specifically 761 , 762, 777, and 780 ; 376 & 403 Florida Statutes; and STI, UL, PEI , ASME, NACE , NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38 .2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal , or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES . The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous . Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties . The Owner may require the Contractor to remove an employee it deems careless , incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best · interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties , the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida . The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102 , Fla . Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement: [2022_ver.3] Ll e, EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS D Attached hereto , following this page ~ Not Applicable 55 Construction Services Agreement: [2022_ver .3]