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Agenda 06/11/2024 Item #16C 2 (Contract #20-7800 "Underground Contractor Services" w/Mitchell & Stark Construction Company, Inc.)06/11/2024 EXECUTIVE SUMMARY Recommendation to approve a $653,087.50 Work Order including $50,000 Owner’s Allowance, under a Request for Quotation under Agreement No. 20-7800, “Underground Contractor Services,” to Mitchell & Stark Construction Company, Inc., to replace influent screening equipment at the Orange Tree Wastewater Treatment Plant, authorize the Chairman to sign the attached Work Order, and approve all necessary Budget Amendments. (Project Number 70173) OBJECTIVE: To maintain wastewater treatment capacity at the Orange Tree Wastewater Treatment Plant in compliance with Florida Department of Environmental Protection agency regulations. CONSIDERATIONS: The proposed scope of work under Project Number 70173, “Orange Tree Compliance Assurance,” is consistent with the FY2024 Capital Improvement Budget approved by the Board on September 21, 2023. This project is located at the Orange Tree WWTP on Oil Well Road. The scope of work includes: • Replacement of deteriorated influent wastewater screens, with increased capacity, corrosion-resistant stainless-steel equipment. • Replacement and modifications of severely corroded piping at the screening system, which will renew the life of the system and improve reliability and performance of the screening system. • Cleaning of accumulated sediment from the equalization tank. This tank serves to even out the influent flowrate allowing for a steady flow through the remainder of the treatment process. The equalization tank has a significant amount of sediment that needs to be removed to prevent damage to the equipment in the tank, minimize odor generation, and maintain capacity. These improvements will: (1) update the screening system to improve performance and reliability of the treatment process, (2) maintain the capacity of the flow equalization basin, and (3) improve safety during routine operation and maintenance by county staff. The County distributed a Request for Quotation for the Orange Tree WWTP Screening System Replacement to the nine contractors under the County’s Fixed-Term Underground Contractor Services Agreement No. 20-7800. Four contractors submitted quotations by the March 20, 2024, deadline as summarized in the below table. Vendor Total Bid Amount Mitchell & Stark Construction Co., Inc. $ 653,087.50 PWC Joint Venture, LLC $ 796,250.00 Douglas N. Higgins, Inc. $ 808,880.00 Kyle Construction Inc. $ 991,000.00 The County did not receive quotes from the remaining five contractors for various reasons including their current workload and concern with performing the job in a timely manner acceptable to Collier County. The quote specifications informed the bidders there may be unforeseen conditions associated with the project. The quote amount incorporates a $50,000 allowance for owner-directed additional work including, but not limited to, modifications or repair resulting from unforeseen electrical, mechanical, or structural work associated with this project. The price for any additional work, should any be needed, will be negotiated prior to commencement in accordance with the County’s Procurement Ordinance and the terms of the agreement. Additionally, if owner’s allowance is going to be used and authorized at a later time, then it will be negotiated on a time and materials basis to be in compliance with contract and Procurement requirements. County staff determined the low bid to be fair and reasonable and recommends awarding the project to Mitchell & 16.C.2 Packet Pg. 1346 06/11/2024 Stark Construction Company, Inc., the lowest responsive and qualified vendor. The low bid received is less than one percent above the engineering consultant’s cost opinion. In its recommendation letter dated March 22, 2024 (Attachment 3), the design professional, Tetra Tech, recommends awarding the project to Mitchell & Stark, who has satisfactory performance and warranty records on previous, similar utility-related projects. Mitchell & Stark was founded in 1955 and is headquartered in Collier County. Mitchell & Stark specializes in water treatment and wastewater treatment plant construction, underground utility, site development, earthmoving, and road construction projects. Mitchell & Stark has had various annual contract service agreements with Collier County for more than 30 years. Agreement No. 20-7800 requires all Work Orders issued over the amount of $500,000 be approved by the Board, and that the awarded contractor on projects over $200,000 provide payment and performance bonds prior to the issuance of the Work Order and the commencement of work. Subject to the Board’s approval of this item, payment and performance bonds in the quoted amount are attached as backup to this item. This item is consistent with the Infrastructure and Asset Management element of the Collier County Strategic Plan objectives. FISCAL IMPACT: Funding in the total amount of $653,087.50 is needed for the replacement of the influent screening equipment at the Orange Tree Wastewater Treatment Plant (Project No. 70173). A budget amendment is required to reallocate available funding within the Wastewater User Fee Capital Fund (4014), from Project No. 70148 to Project No. 70173 in the amount of $650,000.00. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: To approve a $653,087.50 Work Order including $50,000 Owner’s Allowance, under a Request for Quotation under Agreement No. 20-7800, “Underground Contractor Services,” to Mitchell & Stark Construction Company, Inc., to replace influent screening equipment at the Orange Tree Wastewater Treatment Plant, authorize the Chairman to sign the attached Work Order, and approve all necessary Budget Amendments. (Project Number 70173) Prepared By: Wayne Karlovich, Supervisor - Project Management, Sub-Regional Utilities Division ATTACHMENT(S) 1. Attachment 1 - Work Order and Quote M&S (PDF) 2. [Linked] 20-7800_Mitchell&StarkConst._Contract (PDF) 3. Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (PDF) 4. Attachment 4 - Performance and Payment Bonds (PDF) 16.C.2 Packet Pg. 1347 06/11/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doc ID: 28899 Item Summary: Recommendation to approve a $653,087.50 Work Order, under a Request for Quotation under Agreement No. 20-7800, “Underground Contractor Services,” to Mitchell & Stark Construction Company, Inc., to replace influent screening equipment at the Orange Tree Wastewater Treatment Plant, authorize the Chairman to sign the attached Work Order, and approve all necessary Budget Amendments. (Project Number 70173) Meeting Date: 06/11/2024 Prepared by: Title: Project Manager, Senior – Engineering and Project Management Name: Wayne Karlovich 05/14/2024 11:52 AM Submitted by: Title: Subregional Utilities Director – Engineering and Project Management Name: Craig Pajer 05/14/2024 11:52 AM Approved By: Review: Engineering and Project Management Craig Pajer PUD Reviewer Completed 05/15/2024 3:16 PM Public Utilities Operations Support Katrina Lin PUD Reviewer Completed 05/21/2024 3:09 PM Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 05/21/2024 4:40 PM Public Utilities Department Vincent Dominach Level 1 Department Review Completed 05/22/2024 7:46 AM Engineering and Project Management Matthew McLean PUD Reviewer Completed 05/23/2024 10:32 AM Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Completed 05/23/2024 10:58 AM Procurement Services Sandra Srnka Procurement Director Review Completed 05/29/2024 7:58 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/30/2024 8:15 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/30/2024 1:52 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/30/2024 3:12 PM Corporate Compliance and Continuous Improvement Megan Gaillard Other Reviewer Completed 05/31/2024 7:06 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/31/2024 8:09 AM Community & Human Services Maggie Lopez OMB Reviewer Completed 05/31/2024 10:34 AM County Manager's Office Ed Finn Level 4 County Manager Review Completed 06/03/2024 7:35 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM 16.C.2 Packet Pg. 1348 16.C.2.a Packet Pg. 1349 Attachment: Attachment 1 - Work Order and Quote M&S (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.a Packet Pg. 1350 Attachment: Attachment 1 - Work Order and Quote M&S (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.a Packet Pg. 1351 Attachment: Attachment 1 - Work Order and Quote M&S (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.a Packet Pg. 1352 Attachment: Attachment 1 - Work Order and Quote M&S (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.a Packet Pg. 1353 Attachment: Attachment 1 - Work Order and Quote M&S (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.a Packet Pg. 1354 Attachment: Attachment 1 - Work Order and Quote M&S (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.a Packet Pg. 1355 Attachment: Attachment 1 - Work Order and Quote M&S (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) MEMO Tetra Tech 10600 Chevrolet Way Suite 102, Estero, FL 33928 Tel 239.317.3846 Fax 239.390.1769 tetratech.com To: Wayne Karlovich, Collier County From: Steven Agapi, P.E., Tetra Tech Inc. Date: March 22, 2024 Subject: Orange Tree Screening System Replacement – Recommendation of Award Mr. Karlovich, Tetra Tech has completed our review of the quotes submitted for the above referenced project and we are pleased to provide the following award recommendation. The scope of the Orange Tree Screening System Replacement project is to replace the two (2) existing screens and replace the upstream piping and valves along with other miscellaneous work . Based on the bids received, the apparent low bidder is Mitchell & Stark Construction Company Inc., with a bid amount of $653,087.50, which is approximately 1% higher than the project’s Opinion of Probable Construction Cost (OPCC) amount of $649,875. A tabulation of the quotes provided is shown below: Bidder Bid Amount Mitchell & Stark Construction $653,087.50 PWC Joint Venture, LLC $796,250.00 Douglas N. Higgins, Inc. $808,880.00 Kyle Construction Inc. $991,000.00 Tetra Tech has completed previous projects with Mitchell & Stark, and we believe that they are a responsible bidder. Based on the above information, Tetra Tech recommends Mitchell & Stark Construction Company Inc., be awarded the Orange Tree Screening System Replacement project in the amount of $653,087.50. Should you have any questions regarding this recommendation, please contact me directly. Sincerely, Steven Agapi, P.E., Project Manager 16.C.2.c Packet Pg. 1356 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment ITEM NO.DESCRIPTION EST. QTY.UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 General Requirements 1 Lump Sum $30,000.00 $30,000.00 $28,000.00 $28,000.00 $36,000.00 $36,000.00 $30,000.00 $30,000.00 $15,000.00 $15,000.00 2 Mobilization/Demobilization 1 Lump Sum $30,000.00 $30,000.00 $68,000.00 $68,000.00 $36,000.00 $36,000.00 $30,000.00 $30,000.00 $9,000.00 $9,000.00 3 Demolition 1 Lump Sum $40,000.00 $40,000.00 $35,000.00 $35,000.00 $36,000.00 $36,000.00 $160,000.00 $160,000.00 $15,000.00 $15,000.00 4 Screening System Replacement and Miscellaneous Improvements 1 Lump Sum $450,000.00 $450,000.00 $590,000.00 $590,000.00 $524,380.00 $524,380.00 $480,000.00 $480,000.00 $401,500.00 $401,500.00 5 Sediment Removal 175 Ton $285.00 $49,875.00 $1,000.00 $175,000.00 $700.00 $122,500.00 $150.00 $26,250.00 $880.50 $154,087.50 6 Aeration System Replacement Parts 1 Lump Sum $0.00 $0.00 $45,000.00 $45,000.00 $4,000.00 $4,000.00 $20,000.00 $20,000.00 $8,500.00 $8,500.00 SUBTOTAL $599,875.00 $941,000.00 $758,880.00 $746,250.00 $603,087.50 8 Owner Directed Allowance* 1 Time & Materials $50,000 $50,000.00 $50,000 $50,000.00 $50,000 $50,000.00 $50,000 $50,000.00 $50,000 $50,000.00 TOTAL BASE BID (Total for Items 1 through 8)$649,875.00 $991,000.00 $808,880.00 $796,250.00 $653,087.50 Note: No quotes received from the following contractors: - Coastal Concrete Products LLC - Cougar Contracting LLC - Haskins - Southwest Utility Systems - Quality Enterprises USA Inc Kyle Construction, Inc.Douglas N. Higgins, Inc.PWC Joint Venture, LLC Mitchell & Stark Construction Company, Inc. * (Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change.” BID TABULATION ORANGE TREE WWTP – SCREENING SYSTEM REPLACEMENT Orange Tree Wastewater Treatment Plant Collier County Public Utilities Department - Project # 70173.8 Engineer's Estimate Page 1 Bid Tabulation - Orange Tree WWTP Screens Replacement 16.C.2.cPacket Pg. 1357Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.c Packet Pg. 1358 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.c Packet Pg. 1359 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.c Packet Pg. 1360 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment BIDDER: ITEM NO.DESCRIPTION EST. QTY.UNIT UNIT PRICE AMOUNT 1 General Requirements 1 Lump Sum $15,000.00 $15,000.00 2 Mobilization/Demobilization 1 Lump Sum $9,000.00 $9,000.00 3 Demolition 1 Lump Sum $15,000.00 $15,000.00 4 Screening System Replacement and Miscellaneous Improvements 1 Lump Sum $401,500.00 $401,500.00 5 Sediment Removal 175 Ton $880.50 $154,087.50 6 Aeration System Replacement Parts 1 Lump Sum $8,500.00 $8,500.00 $603,087.50 8 Owner Directed Allowance* 1 Time & Materials $50,000 $50,000.00 TOTAL BASE BID (Total for Items 1 through 8)$653,087.50 * (Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change.” SUBTOTAL BID SCHEDULE ORANGE TREE WWTP – SCREENING SYSTEM REPLACEMENT Orange Tree Wastewater Treatment Plant Collier County Public Utilities Department - Project # 70173.8 Mitchell & Stark Construction Company, Inc. (Contractor Name) Bid Sheet OTWWTP SCREENING SYSTEM REPLACEMENT 16.C.2.c Packet Pg. 1361 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.cPacket Pg. 1362Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.cPacket Pg. 1363Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.cPacket Pg. 1364Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.cPacket Pg. 1365Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.c Packet Pg. 1366 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.c Packet Pg. 1367 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.c Packet Pg. 1368 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment BIDDER: ITEM NO.DESCRIPTION EST. QTY.UNIT UNIT PRICE AMOUNT 1 General Requirements 1 Lump Sum $28,000.00 $28,000.00 2 Mobilization/Demobilization 1 Lump Sum $68,000.00 $68,000.00 3 Demolition 1 Lump Sum $35,000.00 $35,000.00 4 Screening System Replacement and Miscellaneous Improvements 1 Lump Sum $590,000.00 $590,000.00 5 Sediment Removal 175 Ton $1,000.00 $175,000.00 6 Aeration System Replacement Parts 1 Lump Sum $45,000.00 $45,000.00 $941,000.00 8 Owner Directed Allowance* 1 Time & Materials $50,000 $50,000.00 TOTAL BASE BID (Total for Items 1 through 8)$991,000.00 * (Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change.” SUBTOTAL BID SCHEDULE ORANGE TREE WWTP – SCREENING SYSTEM REPLACEMENT Orange Tree Wastewater Treatment Plant Collier County Public Utilities Department - Project # 70173.8 Kyle Construction Inc. (Contractor Name) Bid Sheet OTWWTP SCREENING SYSTEM REPLACEMENT 16.C.2.c Packet Pg. 1369 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.c Packet Pg. 1370 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment ITEM NO.EST. QTY. UNIT UNIT PRICE AMOUNT 1 1 Lump Sum $30,000.00 $30,000.00 2 1 Lump Sum $30,000.00 $30,000.00 3 1 Lump Sum $160,000.00 $160,000.00 4 1 Lump Sum $480,000.00 $480,000.00 5 175 Ton $150.00 $26,250.00 6 1 Lump Sum $20,000.00 $20,000.00 $746,250.00 8 1 Time & Materials $50,000 $50,000.00 $796,250.00 BID SCHEDULE ORANGE TREE WWTP – SCREENING SYSTEM REPLACEMENT Orange Tree Wastewater Treatment Plant Collier County Public Utilities Department ‐ Project # 70173.8 BIDDER:PWC Joint Venture, LLC DESCRIPTION General Requirements Mobilization/Demobilization Demolition Screening System Replacement and Miscellaneous Improvements Sediment Removal OTWWTP SCREENING SYSTEM REPLACEMENT Bid Sheet Aeration System Replacement Parts SUBTOTAL Owner Directed Allowance* TOTAL BASE BID (Total for Items 1 through 8) * (Owners Allowance ‐ for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials 16.C.2.c Packet Pg. 1371 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment From:Wayne Karlovich To:"David@Torrescompanies.com"; "Shane@CougarCompanies.com"; "MikeL@DNHiggins.com"; DANH@dnhiggins.com; "Tammy Ludwig"; "Maritza Aguiar"; Kyleconstinc@Aol.com; "bpenner@mitchellstark.com"; "Brett@SWUtility.net"; "Lou Gaudio"; "mcohen@qeusa.com"; "Estimating"; "RMacPhee@Haskinsinc.net"; "jdina@mitchellstark.com"; "KMARKHARDT@PWC-LLC.COM" Cc:Dustin Grossenbaugh; Craig Pajer; Matthew McLean; Shon Fandrich; Peter Schalt; Corinne Trtan; Agapi, Steven; Julian Deleon; James Gates; Wainright, Tyler; Wade Wood; Carol Craft Subject:Request for Quotes (RFQ) under Collier County Agreement #20-7800 - Orange Tree WWTP Screening System Replacement Date:Friday, February 16, 2024 4:30:54 PM Attachments:FACT SHEET FOR 20-7800 OTWWTP Screen Replacement.pdf RFQ OTWWTP Screens.pdf Bid Schedule - Orange Tree WWTP Screens Replacement.pdf Bid Schedule - Orange Tree WWTP Screens Replacement.xlsx Specifications - Orange Tree WWTP Screen Replacement Bid Set Technical Specifications.pdf Drawings - Orange Tree WWTP Screen Replacement Bid Set.pdf X-logo-black-32x32_c19684b4-b806-4f68-82de-c15698629dfa.png Importance:High Bidders, Please provide your quote for the attached Orange Tree WWTP Screenings System Replacement project by 3:00 PM on March 13, 2024. If you do not intend to submit a quote, please send an email stating so. Submit any questions you may have in writing to me and we will provide timely responses in writing to all. Please find attached six documents: 1. Fact Sheet 2. Request for Quotes (RFQ) 3. Bid Schedule (provided in Excel, and PDF format) 4. Specifications 5. Drawings The RFQ contains the important dates for this solicitation. The Pre-quote Meeting will be held on February 27, 2024 @ 10 a.m. at the Orange Tree Wastewater Treatment Plant (1445 Oil Well Road, Naples, FL 34120) I’ve requested read receipts to confirm receipt of this email; please respond to the read notice if asked. Questions and Quotes should be submitted by e-mail to Wayne.Karlovich@colliercountyfl.gov Please sign the RFQ and submit it along with the completed Bid Schedule. Thank you. Respectfully, Wayne Karlovich Supervisor - Project Management (Licensed) Public Utilities Engineering & Project Management Office:239-252-5372 Mobile:239-285-4626 3339 Tamiami Trail East Suite 303 NAPLES, FLORIDA 34112 Wayne.Karlovich@colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 16.C.2.c Packet Pg. 1372 Attachment: Attachment 3 - Engineer Recommendation, Bid Tab, Quotes (28899 : Orange Tree WWTP Influent Screening Equipment 16.C.2.d Packet Pg. 1373 Attachment: Attachment 4 - Performance and Payment Bonds (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.d Packet Pg. 1374 Attachment: Attachment 4 - Performance and Payment Bonds (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.d Packet Pg. 1375 Attachment: Attachment 4 - Performance and Payment Bonds (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.d Packet Pg. 1376 Attachment: Attachment 4 - Performance and Payment Bonds (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.d Packet Pg. 1377 Attachment: Attachment 4 - Performance and Payment Bonds (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.d Packet Pg. 1378 Attachment: Attachment 4 - Performance and Payment Bonds (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.d Packet Pg. 1379 Attachment: Attachment 4 - Performance and Payment Bonds (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) 16.C.2.d Packet Pg. 1380 Attachment: Attachment 4 - Performance and Payment Bonds (28899 : Orange Tree WWTP Influent Screening Equipment Replacement) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or "Owner") hereby contracts with Preferred Materials, Inc. ("Contractor") of 4636 Scarborough Drive, Lutz, Florida 33559, a Foreign Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with 161" Avenue SW Paved Shoulder Improvements, Invitation to Bid No 23-8195 ("Project"), as said Work is set forth in the Flans and Specifications prepared by Collier County Transportation Engineering Division, 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 I. Contract Documents. A, The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B, Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Two Million Four Hundred forty -Nine Thousand Six Hundred Thirty -Eight Dollars and Seventy -Two Cents ($2,449,638.72). The amount of Seventy -Five Thousand Dollars ($75,000.00) has been allocated as an Owner's Allowance. Any allowance dollar amount that has been included in the Contractor's Biel Schedule amount is not a guaranteed portion of the aforementioned Contract Amount but rather is only eligible for reimbursement by the Owner if and subject to whether a specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed upon and memorialized by the Parties in writing (the "Owner's Allowance"). Any dollar portion of an Owner's Allowance that is not authorized by the Owner and memorialized by the Parties in writing, via Change Order, shall not be eligible for reimbursementipayment by the Owner as part of a Payment Application submitted by the Contractor. Construction Services Agreement'. t2024_ver,11 �q� Section 4, Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at htt slffiscal.treasur .gov/surety-bonds/list-certified-companies.html. Should the Contract Amount be less 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 hundred and twenty (120) 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, as more particularly defined herein at Section 16, Defined Terms. Contractor shall achieve Final Completion within thirty (30) calendar days after the date the Punch List is delivered to the Contractor. 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, Two Thousand Six Hundred and Fifty Dollars ($2,650.00) 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 2 C 0A0 Construction Services Agreement. (2024_ver.1} 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, and as more particularly defined herein at Section 16, Defined Terms. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 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, the Owner will count default days in calendar days. F, 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, as more particularly defined herein at Section 16, Defined Terms. 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. 3 CAS] ConslruGion Services Agreement. (2024_ver.1) Section 6. Exhibits Incorporated. Exhibits Incorporated; The following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation No. 23-8195 "16tt' Avenue 5W Paved Shoulder Improvements." Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Assigned to the Project Exhibit B-1; Payment Bond Form ❑ Not Applicable Exhibit B-2: Performance Bond Form ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D-1: Contractor Application for Payment Form Exhibit D-2: Schedule of Values Exhibit D-3: Stored Materials Record Exhibit D-4: Cash Flow Projection Exhibit E-1: Change Order Form Exhibit E-2 Work Directive Form Exhibit F-1: Certificate of Substantial Completion Form Exhibit F-2: Certificate of Final Completion Exhibit F-3: Punch List Form Exhibit G-1: Final Payment Checklist Exhibit G-2: Warranty Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ❑ Applicable Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation No. 23-8195 11161h Avenue SW Paved Shoulder Improvements." The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( © ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ❑Exhibit J: Technical Specifications ❑Exhibit K: Permits []Exhibit L: Standard Details ZExhibit M: Plans and Specifications prepared by, Collier County Transportation Engineering Division ®Exhibit N Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by US. Mail or E-mail, addressed to the following: Collier County Board of County Commissioners, FL c/o Transportation Engineering Division 2885 Horseshoe Drive South Naples, Florida 34104 Attr: Mark McCleary, Supervisor -Project Management (Licensed) a OCAO construction Services Agreement' [2024_ver_11 Phone- (239) 252-8442 Email: Mark, McCleary2colliercountyfi.poy 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, or E-mail, addressed to the following: Preferred Materials, Inc. 5701 E. Hillsborough Ave,, Suite 1122 Tampa, Florida 33610 Attn: Craig Ketron Phone: (813) 612-5740 Email: C raia, KetrongpreferredrnaterialS.corn C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 81 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it_ Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under, and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. 5 FO, Construclipn Services Agreement: [2024 ver.lj Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the fuli 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, Severabilit . 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. 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 Linder the Owner's Procurement Ordinance, as amended, and the terms of the Contract Documents. Section 116. Construction. (i) 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. (ii) Defined Terms: The following Defined Terms used in the Agreement shall be understood to be defined as expressly set forth below. Other terms referenced in the Agreement shall be understood as they may separately be defined herein or if not so defined shall be understood consistent with their natural and ordinary meaning. (a) "Application for Payment" shall mean the form provided by the Owner that is to be used by the Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. (b) "Construction Project" shall mean a Project, funded by Owner funds that involves the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any real property owned or under the control of the Owner, which Work is being performed under a Construction Contract- (c) "Construction Services" shall meats all labor and materials to be provided by Contractor in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. Construction Services also means Work. (d) "Contract" or "Contract Documents" shall refer to those documents described in Section 1, subsection A of the Agreement. 6 (C"'AO Construction Services Agreement' t2o24_ver,li (e) "Defective" shall mean an adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents. (f) "Department shall mean the Department or Division initiating and managing the Project on behalf of the Owner. (g) "Director" shall mean the Director or Administrator of the Department or Division initiating and managing the Project on behalf of the Owner. (h) "Final Acceptance" shall mean acceptance of the Work by the Owner as evidenced by the signature of the Project Manager or Design Professional upon the Certificate of Final Completion form, Exhibit F-2. Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate. The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests, inspection, or otherwise that all of the provisions of the Contract Documents have been carried out, including completion of the Punch List form, Exhibit F-3. (i) "Professional" or "Design Professional" shall mean the professional arch itecturallengineering firm designated to perform the design, Construction Engineering and Inspection ("CFI") services, by an existing agreement, or resident in-house Owner engineering services for the Work. At times, Owner staff may perform the design for the Work in-house and shall be considered the Professional in relation to the Work or a particular portion of the Work. 0) "Project" shall mean the total construction, of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. (k) "Project Manager" shall mean an individual employed by the Owner and assigned to manage and administer the Project which is the subject of the Contract Documents. (I) "Proper Invoice" shall mean an invoice that conforms with all statutory requirements and all requirements specified in the Contract Documents. (m) "Punch List" shall mean the approved list of incomplete and/or deficient Work that shall be completed by the Contractor after' Substantial Completion but before the Final Acceptance can be certified by the Project Manager. The Punch List enumerates the items required to render complete, satisfactory and acceptable all Work by the Contractor The Punch List is developed by the Contractor, Owner and Professional (if any) in accordance with the provisions of the Contract and within the time frames required therein. The Punch List essentially includes items of a minor nature; major items must be completed before Substantial Completion and cannot be considered to be Punch List work. (n) "Schedule of Values" shall mean a schedule showing all activities of the Work subdivided into component parts in sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments during construction, The Schedule of Values shall be satisfactory in form and substance to the Project Manager. 7 CAS construction Services Agreement: [2024_vV.1] (o) "Substantial Completion" shall mean the status of completion of the Work which, in the opinion cf the Project Manager as evidenced by a definitive Certificate of Substantial, Completion, is complete in accordance with the Contract Documents, except for minor outstanding items listed on the Punch List_ Substantial Completion includes, but is not limited to, the following occurring; (1) the Work can be safely utilized for the purposes for which it was intended; (2) all regulatory agency requirements are satisfied, including occupancy permits, operating certificates and similar releases, (3) all operational testing has successfully occurred; (4) all required training has successfully occurred; (5) all close-out documents (such as as -guilt drawings, certifications, warranties, guaranties, test reports, test logs, operational manuals, etc.) have been provided by the Contractor and accepted by the Owner, and permit acceptance by permitting agencies, if applicable, Exhibit F-1. (p) "Work" shall mean the Worm to be performed under this Agreement shall consist of furnishing all planet, tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Agreement in strict accordance with the Specifications, schedules, Drawings, and other Contract Documents as herein defined, all of which are made a part hereof, and including such detailed sketches as may be furnished by the Professional from time to time during construction in explanation of said Contract Documents, The Work shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the Owner. (q) "Written Directive" shall mean a written directive and also referred to as work directive, as required by in Exhibit H, Section 10.1, in the form that appears in Exhibit Em2 that is issued to a Contractor from Owner in instances where the parties cannot agree on price and/or costs associated with work arising from differing, unforeseen or emergency site conditions and the work in question is part of the "critical path" of the contract schedule. A written directive should ultimately be followed t.tp with an agreed upon Change Order, A verbal Work Directive may only be issued in extraordinary emergencies when necessary to protect and promote the public interest, which shalt/ be followed up with a written Work Directive within five (5) business days. 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. Construction Services Agreement: [2024_ver,1] Remainder of page intentionally left blank 9 CqC Construction Services Agreement, (2024_ver.I] IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. T O ;ITS SES: r FIRST WITNESS Lakelia Drummond ri ame S COND PITNESS Albertina Guilford Print Name ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller BY: Date: Approved as to Farm and Legality: County Attorney Print Name CONTRACTOR: Preferred Materials, Inc. By: Robert 5pillnian, Vice President Print Name and Title Date. '112612024 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA CHRIS MALL, Chairman 10 Construction Services Agreement: 12024 Ver,1] EXHIBIT A -'I: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 11 Construction Services Agreement: [2024 ver.1] 16th AVENUE S.W. PAVED SHOULDER IMPROVEMENTS From 23rd Street S.W. to 13th Street S.W. COLLIER COUNTY PROJECT No. 60226 23-8195 BID SCHEDULE ITEM No, DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 101-1 MOBILIZATION LS 1 $221,750.00 $221750.00 102-1 MAINTF,NANCE OF TRAFFIC LS 1 $305,200.00 $305,200.00 110-1-1 STANDARD CLEARING & GRUBBING LS 1 $38,470.0fl $38.470.00 110-70.2 MAILBOX, RELOCATE EA 75 $197.00 $14 775.00 120-1 EXCAVATION CY 1,208 $33.00 $39.864.00 120-6 EMBANKMENT CY 1,267 $62.50 $79187.50 160-4 TYPE B STABILIZATION SY 3,184 $14.30 $45 531.20 285-709 OPTIONAL BASE GROUP 9 (6" THICK, TYPE R-12.5) SY 7.960 $41.70 $331 932.00 285-715 OPTIONAL RASE GROUP 15 (9" THICK, TYPE B-12,5) 5Y 540 $86,70 $46 818.00 286-1 TURNOUT CONSTRUCTION, DRIVEWAY (67 EACH) SY 1,474 $117.95 $173,858-30 286-2 TURNOUT CONSTRUCTION, ASPHALT (7 EACH) TN 14 $1 298,50 $18,179.00 327-70-1 MILLING OF EXISTING PAVEMENT (V THICK AVG_ DEPTH) SY 17,600 $2.15 $37,840.00 337-7.82 ASPH. CONC. FRICTION COUR51i TYPE FC-9.6 (1" THICK, TRAFF C) TN 1,600 $196.25 $314,000.00 425-2.41 MANHOLE TYPE P-7T (4' DIAMETER, {10') EA 12 $12,395.00 $148 740.00 425-2-71 MANHOLE TYPE J-7T (6' DIAMETER, a10') EA 3 $19 937,00 $59,611.00 430-175-118 REINFORCED CONCRETE PIPE, 18" DIAMETER LF 296 $344.30 $101,912.80 430-175.124 REINFORCED CONCRETE PIPE, 24" DIAMETER LF 48 $375.65 $18 079.20 430-175-218 ELLIPTICAL REINFORCED CONCRETE PIPE, 14-'X23" LF 248 $360-60 $89 404.00 430-175-224 ELLIPTICAL REINFORCED CONCRETE PIPE.19"X30" LF 144 $441.40 $63.661,60 430-9B2-125 MITERED END SECTION, 18" DIAMETER EA 19 $3,984.00 $75.696,00 430-982-129 MITERED END SECTION, 24" DIAMETER EA 3 $4 226.75 $12 680.25 430-982-625 MITERED END SECTION, 14"X23" EA 5 $4 065.00 $20,325,00 430-982-629 IMITERED END SECTION, 19"X30" EA 3 $4 631.00 $13,893.00 515-1-2 PIPE GUIDERAIL, ALUMINUM (16 BIKE RACKS, T LONG EACH) LF 112 $91.50 $10 248.00 622-2 CONCRETE SIDEWALK (6"), INCLUDING BIKE RACK AND BENCH PADS SY 275 $102.90 $28.297.50 527-2 DETECTABLE WARNINGS SF 40 $28.60 $1 144.00 570-1-2 PERFORMANCE TURF (SOD) SY 21,850 $3,00 $65 550.00 700-1-11 SIGNS, SINGLE POST AS 18 $689.60 $12,411.00 700-1-50 SIGNS, SINGLE POST (RELOCATE) AS 24 $380.80 $9,139,20 706-3-1 RAISED PAVEMENT MARKERS, RETRO-REFLECTIVE EA 205 $6.85 $1,404.25 711-11-16 PAVEMENT SYMBOLS, THERMOPLASTIC -WHITE EA 40 $263.00 $10,520.00 711-11-17 DIRECTIONAL ARROW, THERMOPLASTIC -WHITE EA 40 $114-35 $4 574.00 711-11-101 TRAFFIC STRIPE SOLID, THERMOPLASTIC -WHITE (6") GM 2,70 $5,953,0❑ $16,073.10 711-11-123 TRAFFIC STRIPE SOLID, THERMOPLASTIC -WHITE (12-') LF 58 $6.55 $379,90 711-11-125 TRAFFIC STRIPE SOLID, THERMOPLAST IC -WHITE= 24- LF 117 $13,05 $1 526.85 711-11-211 TRAFFIC STRIPE SOLID, THERMOPLASTIC -YELLOW (6--) GM 0.24 $5 953.00 $1,428.72 711-11.231 TRAFFIC STRIPE SKIP, THERMOPLASTIC -YELLOW (10'-30')(15") GM 1.15 $1,489.00 $1,712.35 CC-900 PLASTIC BENCH, F&I EA 8 $1,715-25 $13 722,00 TOTAL BID AMOUNT! $2,449 638.72 * Staff has allocated $75,000 in Owner's Allowance - for Owners Use as directed. This Allowance will be used only at the Owner's Orectlon to accomplish work due to unforeseen conditions andlor by the Owner. Inclusion of the Allowance as part of the Contract Price Is not a guarantae that the Contractor will be paid any portion or the full amourrt of the Allowance. Ex endltures of Owners Allowance will be made through Change Order with proper doCUrnentatlon of Tlme and Materials supporting the change. CAC] 9/15/2021 Prepared by, J,FA. COLLIER COUNTY TRAFFIC OPERATIONS EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM [FOLLOWING THIS PAGE) 42 nCAO Gonstru6on Services Agreement, (2024_Ver.1] 4 .i COI Prowrkmienl Services division Date: Novoinbou G, 2023 Email: ltri tcafer.lopea.c ,co IIiorcnLIntyll,j,)ov Telephone: (239) 252-8375 Addendum #I From Kristofer Lopez, Procurement Strategist 11 To; Interested Bidders Subject: Addendum #1 SoliGilution 23-819a 16"' Avenue SW I' vo(I Shoulder Improvements The following clarifications are issued as an widendunt: 1. Pre -Bid meeting sign in sheet is attached to addendum #1, li°you require additional irafi)naaalinn, laieas+v post as question on our f3icl fiiao (�vw�v.bldsync.com) bidding platf'iarm wider the solicit atioo for this project. Please sign below and return a copy of this Addendum with your Submittal for the above referenced soli itation. jam, (Signature) Preferred Material ialc, (Name of Firm) uuaonzed E niployce 12/8i2o23 Uaty (C A—C)) 1. FORM M 1 - DID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 16rr'Ave 5W Paved Shoulder Improvements DID NO.23-8195 Full Name of Bidder Preferred Matcrials, inc. Main Business Address 5701 F. Hillsborough Ave. Suite 1122 Tampa, FL 33610 Place of Business same as abovc Telephone No. 813-612-5740 pax Na. 813-664-8526 State Contractor's License 4 SEE ATTACHED LETTER FROM FTBA State of Florida Certificate of Authority Document Number P25884 Federal Tax Identification Number 58-1401468 DUNS # 809022671 CCR# CCRID 299019 Cage Code 7EK24 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and Furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and lime 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 paints are inadvertently provided, rounding to twodecimal points will be conducted by Procurement Services Division staff, Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property ofthe Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is or the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance CertiFeates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to del initely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the Construction Solicitation Doc rev 04152022 HI)CYC 110ied ligUidaWd damagrs as it pcllatty, which the parlit-S agree reprtC5eUts al 'Fair and L•L:a54nallle estimate of Owner's actual dunitlges ul the blue of bidding it file successful k:3idcler Iililg to exccule and delivu tho Agreement, Insurance: Ct rtincutc5, and 13011c15 in a timely manner. Upon tece:lpt OI IIIe Signed wid atlrproved agreeme tit allld PLUCIlllSe Ordor, the undersigned praposas to cominetwo work at the site wl thin I Ive ($) calendar days from the conllllC weine w {tilt¢: stipuhlled in the written No ice to Proc;ced milesS thu Project Manager, in writing, Subsequcnlly notifies the Culliractor of al modified (later) commencemow date. The undersigned further agreos to substamtiallly complele all work covered by this liitl %vit'ltll3 one liundred twenty (120) consecutive calendar days, computed by excluding the commencement ti-ate ilnd including Iltc last day o1'su011 J)UiOd, and to be filly cnmpleted to the point of final nceepiallce I)y the oNvner 4vithin me hundred fifty (150) consecutive calendar days after Substantial Completinll, C01111ulcd by excluding commencement dale and including [the last clay ofsueh period. Aecelttance and rlrknoviedged by no Authorize agent 4t �nntl[1•e• � A _ N .r�l Gtrun % 7itic: AutlloriredEL111110yce lints: 12/8/202 3 Construction SoPc1lation Doc rev 04152022 FORM 2 -CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 161" Ave SW Paved Shoulder Improvements m Jason Sates Larry "Chad" StEsprit Bid No. 23-8195 1'ecsonnel Category. Construction Superintendent Project Manager Construction Solicitation Doc rev 04152022 CAd FORM 3 -- MATERIAL IVIANITACT KJRERS W � -- i'illi5mim 11Ius,r 13Ii, f.,'(.?iw11'IsC:'1'r E? (]li 1311) i4lAl' �li 1)]:Is'AII D N+)N-R�S!'UNSIV[: All Bidders shall confirm by sigrtuf ire Ilttri Illey will provide t17e manuraclurerS and nmterials outlived in this Bid speoilicsttir�ns, iuclndatrp, eompliatncc tivitl� I�ictiridat 5laurte 255,2Q io 1�rnvide lumlaer, tirnhcr and olhur li�rctt I�roihacls produc�,d nand manmfaaclured in the Suite ofFioridai ns hint; aas the price, fitness and quality areegaal, rxceplians (when equals isre acceptable) may be requested by compluling the Material Ivlanurttc:turor lixu;pfitm List bcluw. Iran exception ror a ill auuifiaclurer and/or material is proposed and listed below kind is not aapprovc:d by Cnginccali'roJect Munatger, Bidder shaall furnish the ma nurat;tnrer nttlned in the speCi ficralitra. Acceptance of this Firm dais 1101 consfittatG acceptance of malcrirtl proposed on this list. Complete and sign section A OR B. Sultan A (Acceptance al'all manUtuctures and materials ill Biel specifications) On behasll'of my firm, 1 confirm that 4ve will use all manufacturers and matlerlals as specifically outlined in the [lid sl)ecilientiuns. Company: POured. Materials, Inc, Signature: _ Date. 12/8/2023 Ci-'aab cii•on, �rizcd l mpl yee Section 13 (E,xcc:plfon Mquested to diet speaificattions matnuflacturers and maleriatls) l,}CCL"1''fl(]N fyl.A't'1 is BX.(,.fF[1QN l41ANlJiAC:1'L�>L> 11 1. 2, 3. 4. S, Plcnsc insert additiwsal pages as nel smiry. Comp ally: Signature: Date Comiruction SolicUation Doc rev 04152022 P-A� V ORNT 4 - > s-ir ov rdA.TOR SUBCONTRACTORS TnIS FORM MUSTRE CONIPf.,ETED OR BID MAV BE DEENIED NON -RESPONSIVE The undersigned states that the rollowing is at list of'the proposed subcontractors for the major categories outlined in ilic requirements of the Hid specifieitions. The Lill clersigncd acknowledges its responsibility for ensuring that the Subconlractors far the matjor categories listed herein are "qualified" (AS defined in Orditimice 2017-OS and Section 15 or ingamions; io Nddct.$) and meal all legal regUiremenis applicable to and nvaessitated by the Contract Doctnrtcnts, incitiding, but not limited to prober licenses, cetlificattons, registrations and insumnee coverage. The Owner reserves the right to disc}uulity any Bidder who includes non-complirsnt or nan-qualified Subcontractors in its bid offer. Fi mher, Ihu Owner may direct the Successful Bidder to remov&repiac;e any Subcontractor, m na additional cost 10 Owner, which is round to be nuil-complirrrlt With tills requirement either berare or after the issuance of the Award of Contract by Owner, (Attach additions] sheets n needed). further, the tmdersigned acknowledges and agrees that promptly filer the Award of Contract, and in accordance wish the reguiremcnis or the Contract Documents, the Successful Bidder shall identily all 5uhcontrm(ors it introds to use an the Project. The undersigned further agrees that all Subcontractors subsmqucsntly Wend tied for any portion of work on this Project thirst be qualified as imted above. Mrttttr Category ar Vticark Suhmontractor and Address 1, Electrical N/A — 2, Mechanical NIA I Plumbing Self Perform _ 4. Situ Work Self Perrornl Curb King Canstratetion Corp . S. Identify other subcontractors that represent more than 101N, 19416 Holly Rd Of price or that affect the critical nth ortllt schedule 1 art Ayers, Fl. 33{lb7 Culnpalty: I'referrod Materials, I Signature; 17ata: f 218/2023 Corlstr-toctiori Solicrlaflon Doc rev 04152022 OCAO SEE ATTACI•IED LAST l !VE YEAR COMPLETED PROJL•'CTs AND FDOT STATUS Of' CONTRACTS ON HAND FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement, I. (project name) (project location) (project description) (project start/completion dates) (contract value) 2. (project name) (project location) (project description) (project starUcompletion dates) (contract value) (project name) (project location) (project description) (project owner) (Owner's address) (Owner's contact person) (title) (phone) (email) (project owner) (Owner's address) (Owner's contact person) — (title) (phone) (email) (project owner) (Owner's address) (Owner's contact person) (project start/completion dates) (contract value) (phone) (email) (title) OAD Construction Solicitation Doc rev 04152022 8B8AT7ACHBQLAST FIVE YEAR COMPLETED PROJ��[S AND FDDT0WTUS0FC0WRACTSDNHAND 4' MMIC) (project owner) (Onmm"xud6mm) (Contract Value) Whom!) (0111all) '--_--- rea) -'_'___---'_--' ��m �|ou) (Owner's contact perso ----___ �-------_---- —' - -- ------ -- completion date) i t Value) (Phone) ( ill Comynn�� (0Ue') (,0uJnv0tjooSolicitation Doc rev 04152022 nCAC) n CAO C S' jg� 1 CAS, 5L h E[7R a 3 } w 5 N In M w ra in x 4 h � IP �O Ih IO IC 4] 1II .D N YJ k� Lj 3 Y CAO 13 CCA()) n � a Y r I� f dFt I _q1 �N LL yy n CAO 9 r•�� FORM G-TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OTI BID MAY BE DEEMED NON-RESPONSCVE. 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 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Measure Measure ailtit Cost (Description ionl Lf F•SY) 1. Not Applicable Z 3. 4. 5. COMpatly: preferred Mat Signature: zy crai Ketran Constraction Solicitation Doc rev 04152022 TOTAL $ Not Applicable Extended Date: 2/19/2U24 Bid Bond No. 69463•CI-IU-23-310 :T FORM 7- BID BONI) "1'1118 IM11M MUST BE,, COMPLETED OR BID 1MAV BE DEEMIA) NON-RESPONSIVEYNON- RESPONIS13L.C, KNOW AIJ, MEN 13Y THESE- PltfySFNTS, that we 111.0brrcd'Materials, lac, — _ (herein aIlcr called the Principal) and _Cede; -al lnsurtnlccCaMPAIV—_ �• (Ilct-uill Culled the S1.11- ty), a corporation chllrtcrcd kind exiutingunder the laws of the State of Indiana _ with its principal offices in the city of Whitehouse Station, NJ and Ulthorizod to do busincgs in the State of 1'Toritlta _ are held and firmly bound lintel the _C_;ollicr County Government (hercittancr called the Owner), in the; ibll anti just stem of k ivc Percent of Ain oul-If f3ici _ dollars ($� 5% ^^} good antl lawful motley of the United States of America, to be paid upon de inand of the Owncr, to wltich payment well and truly to ba made, the Principal and the~ Surety bind thcnlselvcs, their hairs, and executor,:, udminisuatom, and assigns, jointly and severally arid ti1'ntly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owacr, a Bid for Furnishing all labor, Materials, equiliment and incidentals necessary to furnish, install, and hilly complcte the Work on the Projeot known as Biel No. 23.8195 16111 Avenue SW Paves! Shoulder Improvements, NOW, Tt-1CltlTORE, if the: Ownw' shall necopt the Bit of the PRINCIPAL attcl the PRINCIPAL shall enter into the required Agreement with the; Owner and within ten days after the date of it written Notice ai'AwElrd In accordance with the: terms of suer Bid, and give such bond or bonds in an amount ol' 100% tllc Will Comralct Amount as speciIled in the Bidding Documents or C'antnwl DOCuaTICWS with good and suit ieiant surety for talc f dl11ful performance of the Agrcemont and for the prompt payment of labor, maatcriuls and supplies furnished in the prosmltiatl thereof or, in the event of the failure of the I'IZINCIPAI., to enter into such A.grooment or to give such bond or bonds, and dclim, to Owner the regtlired CCa'tlfiCHWR Ofill.SlL'unce, ifthe PIZINCIVAL shall pay to the OBLIGII- . the fixed sum 01'.0% Ofall'o"t r"i"1101etl above as liquidated damages, and not {ls a pettcalty, as provided in the Bidding DOC11111C11t4, then thin obligation shall bu null and void, otherwise to remain in full force and orfect. IN TESTIMONY Tlicmof, the Principal card SLINty IAVC CkitISCd tllvs4 pl-cents to bo fluly signed ami Waled this 15th day of November —, 20 23 BY Comm( Appointed Producing Agent for N181"ll USA t1C, 140 Ito nl Palan Way, Pal n Beach. FL 33480 1)I lieipal ,Scat) Surety (Seal) 8 Power of Attor(iey Fedora II1y111'i111170 (01I)pilly j Vigilant IImunillice 1:011113mly I Pileifir• Ilidenill ity Conlpaliy Wcsl(IIL'til�'I Fil'c IIIg1l anCc Company )AC V, Amurivim Iiisul'WWLI Company l(unw All by These PrcSolli>;. Hflt FFD811AI, INAtIRANCR COMPANY, nu Illtliann corpaoi im, VIGILANT INSURANCR COMPANY,:1 Now York cnrparatlun, PACIFIC INDEMNITY C(IRIPANY, a WlscnuKill ctmyi,ir:Wine, W1?STCIiESTISR 1711tli INIAIRANCE COMPANYnu(IACF.AMFRICAN INS11RANi:ISCOMPANY curpnl'uy[ausnf till Cryuinlanwl t{lh pf l"ellmAwltlln, do unds 111114by menitutti anti appaiiit Marlo Arzamandi, Madison Diaz, Mary Ann Garcia, Jennie Goonle, Stephanle Grass, Touta furl, UgGna Mina, Barbara !Norton, Jessica Richmond, Javier Rofno, I -aura E. Sudduth, Amanda R. Turman-Avina and Misty Witt of I•Iou�ton, Texas ---- -----•--------•----•- each as (licit' [rue :)nd luwful Allurucy-in-Val:t Lcl1.')Mcuta th signal Inn In 1 hall• IlArilem and ill aff1X ihvlr ctlr110111te 607114In mul. deliver ror and nil the] I, 1101icllf n%Solrflty theret,Il or ntlltsrwise, hands and undertilloligs and other Wrilin{]s ohlinul'my in Iht1 ilatilre tllefQRf (atller (bun hell Ilonthi) ]{Ivan or o%ecuted in t11a caursr,lf hOFillays, and Filly ilrsLnimputS 411101ftliug d1'sllturilly; the':anla, and colmlill& ill the niudlfll ntiou or ailcraiinu of Oily blsl r%jinvill 1'01`01-011 la Ili R1114111p11rIs fir Obligations. Ili W1111cxR Whereaf, -mid FEDERAL INSURANCE COMPANY, VI('11L.ANT iNSUI1 ANCE COMPANY, PACtriC iNnrIiiNiTY COMPANY, WE`,TCiIFFTI:R Filth INSURANCE COMPANY and ACV? AMERICAN 1NSURANCk COMPANY [lave ench executed Will Alt-t0d lllesu prc111:nts mod arilxed their COrptirnto scnlx nil this 1,41n tl.iy of luue 2021 1l luit 11 I !ilia'[ , j4MitiLNll til, I',''I,IIj — Slophun NI 11a1m.1 ILL Prtiwlh:nl STATE 01; NEW IF,161YY Cnuillyartluntordlnl `'S. 1)n [Ills 1411, day or iu,le 2023 befog me, a Notary Pidillc or New Itirsey, pormirllllly came 1)nm M. (Ad urns and Stephen M. Harley, tO 151U tWIPWrl to bu Ais4tilllt 5Qt'ratllry atoll VILI" Illiesidmr. res]tectively, AT FEDERAL iNSURAN CE COMIIANY, VIGILANTiNSORANCC{ COMPANY, PAC: IFIt: INi)CMNrrYC()MI"ANY, W LIST(: I I ESTER 171Rii 1NSURANCECOMFANYand ACC AMIZAlCAN INSURANCE COMPANY, Use cttn,panles wi,lch executed ilia rnregoiat Power of Alturuey, and Iha kaki Dawn M. Chioras and Stvpheo M. Haney, berm{ lty uta duly sworn, severally ilnd oath for Ilorsolr and himstdf did depnse and say (hat they my Asslstant 5ecretilry Mill Vice Presbllalk, rasp4clivoly, of pLfSWI. INS11RANCN COMPANY, VI4111ANT 1Mti11AANCE COMPANY, FACMIC INDEMNITY COMPANY, W511CHUSTUR FIRE INSURANCE COMPANY and ACTS AMERICAN INSURANCE CXIMPANY and Itnaw t1w corparata wain iher anr, that the seals afflxoil tin the forugolnD 11nwer of Attorney .Ire welt rarporuIc .4eaLs and WW4 t11Crela aITiKin d lay -Ill thal'Ity of said COmpanics; attie I LIInI I heir L.1gnaI IIrus AM xllrh nrficart weeir dulyalillml and subscribed by lilm nutlinrity. H01:116a1SCti rr ltlhvr+fum�rH — :� „n+nni rtttrnreY I'utiLle OF ivE'ty icnS{Y , f{ �j— y ff. S¢Y026t359 Vf� ((. ��__ _ rt+uFFll� L I:mm�wueru r..nirnf August 22.2027 N6l wyvultkr �T n CEIV11 11 CATION Ruxalunuim a(Iopted by 1110 noards Lff Diructors of FRDERAL INSURANCE COMPANY, VIOMANT INSURANCC: (.nhi["ANY, null PAi:llrlf: INDEMNITY COMPANY fin. Augnwt 30, zUl li: WIS5T( HRISTERFIN9 INWRANCR COMPANY n,l December 11.21106; and A(TAMERICAN iNSURANCE COMPANY auMnreh 211,2009: "I11 IOINRI), that Clio fallnwinh fiutlarlY,:uputg rmlatn to HILL exurmluli, ti r mill on huhalt or taw (Aullpnny, of hnull5', uudurinkinls, recoilrizanec%, enttlrtal-4 and erher wrlltnu cUmmltitlenis ur the Cnnlpnlry enLareLl I nir,Int,a an IllIfy Ginlrpa of[utslnuss (eachn"Wrhlea t;,nnuuunuut"]: (i) uauh of ilia GlifilrI1111N, the VrAsklent mid the Vice FI-i•SIdtW,s or the Cmnpanyfshoruhy uvtNnrkwl 1007tCUMILIlYi17r11teh1:0nenWnudt filr. nd Dill ,ultaifar,hveompahy.LmAurilklit a1 n1 tka•Guthp:llly aralkelwlso. [a) FAClf Ilnly 111p111n1e11 nllnl'Imyln•LIr•1 of iho milagifity la hernlly aelliurlvud to uAe ale only wrlllall conpnRnlolll forhLltl utl l5ah,11rartna tAa111n10Y.11a11eP kItu will IINILe 1:11inpnny or ndlL rwlya. to til a CAI not Mat stltlh 1104111 IN my111a11%ell by the al hint al POWWN pro4lel1 fur lit LaCh pursnn :s mitten all lltllaLlnent its hand, AIUlrllry[a•ram (:i) Glaull at lit(- clubman, Intl Pr4kidwie moll 111.1 vide 11rosidolus or ilia Company is hnrvity, IlLilliarimd, far and Ain heliall m0ho Canipnny, lit dpµolnl lu Ierlihi{l filly Peralln L11r Nnnrnuyln- QCI ill Hie Cmnll•,nLy WI,II NIL PnWor uud mndlnrlly lP 4XLL(ILIIu, inr and ail 116mlrarlho 01aipauy, under Ulu 'Iml'+fllLe f:hmpilhy!?r Lilhurwlse.gur.b Wrllon fmll1h1illimAIs ofdlo Cwn1vallY us filmy Le sjim'Ilted hL 9licli wrillun allpflIllidnew, wlPah s{,edlicalfim lmny Ile by 11-1-411 Wlm of thri>f h1 kvillum Ck"llrnlllReltls or by t11L•CIIIr;ttYnh of 011n m' Imm� Pllr't!Cain!' WI'1lll'IS 1:1,154n1LtIRl'n4�• ['11 f n101 of Lhe i VIII'llil11, l,l' OrPhlrh'Nl 7NId the Vlrl! ?r mIrIm A 411' IILF i:tllmliony is niTaity ilnthni I;vll, rur.11111 III) 1101,11f or 1111• r,nn111,lrly, 10 III-It-plia in wflilna Lit ,illy who, liliiniv Ili tha ctllllpany the au111urlly hue%en1tV, iaraltdna Ilehidf of tilt' CIH11PAIlY, alma" Iha UIIIP'llly:'t Baal or nllierivisv, sadl L hINIlf t;aalndlmanU ur ilia Cnl lPmny ns Arespvdiled lit sliullw1'lltall 4eirpitil f,whichshaefliCdliun may tie by 11meriO type tir eIaxof WIWI; 1110hullniefix ar IWsl udlivallliltufitnL•w'LLlnrepnrticulu'Whilentialuuaiilnewa• [Sj 'file sly+utturn armily ""Isar fil' ntlur pur'ann "vmiting Lilly Written Carmnit+lfein dr apphhltllWhl fie delaaallnn purmunnt Lit this Itt'xrllotlan, and ilia sVill of Ille Cllfltlmlly, filly Ila alI1xN1 Ily Incsintilo ill such WrlL1a11 Cnirullllmurn tar WI'illen FUN'r1llilt0111ILVE), L114L file fhlltrgalll]f lWilluLtnn xha11 nil hedarnLed In Nu nilaN1;141KIve%Iillrals•nLUClhuilaftesnllQ6NIF,nrllyail�fllerrs,ompin)wN ilhtil}iilbl'p41'sUBseo$cHku-andnll Iehal(ilrlhe cur ntony, nad such Itusolullnh Ylndl not Anti( fir olherwlae!tired lit. mireisc Irf,lily Odell loSwar or au[1lnI1lY i131L41'WISq validly gulttell fir vesletL" I, Immi M- ChIu1'ns, AlMsteut SaG'otary of FEDHIZAI• INSURAN IX CLIMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INl1EMNI'rY (OMPANY, Wr%'1'C)fi -TER 171RE INSURANCI•L COhiIIANY and ACE AMNRICAN INSURANCE COMPANY (Iha "CQmpmllf-Si") ran 114404y certify rll-ll (1) the foregoing Ill'MALWani adapted by (lac t3nttrrl gl'Dlrecenrs of [ho 1:0111panlcs,n'v Irua, cerrcct anti Ill frill fora[ anal uffectt (11) Ilia foregoing Power of At(maluy is true, correct Lind ill full fol'Co add Oft'CL, (;lveu nn,ler t11y Baud cold sculls orsom c(mlplmirs at Wllitelicyuse Statlnn, NJ, [his NOVOm5er 15, 2023 1 T ON, �i, IN Wore�r[1nNR1'lliYll5fir,lNi•pMililln,nTfR4LPI.6;A5ec:pN1)lt.fIICA'f•:� CUltiblpud: IgF{).Yl(#•PI-WpI('-AAIC QU11, 11,10) FORM 8- INSURANCE AND 13ONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts, Collier County shall be responsible for purchasing, and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation Hurst identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County, The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read. For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. if Vendor has any self - insured retentions or deductibles under any of the below listed minlmum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self insured retentions or• deductibles and provide satisfactory evidence of financial responsibility far such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coveragets shall be maintained without interruption from the date of commencement ofthe Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its iinsurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The 'Vendor shall also notify the County, in a like manner, within twenty -Four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor From its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vender shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage, required herein, the County may terminate the Agreement or at its -sole discretion shall be authorized to purchase such coverageM and charge the Vendor for such coverageW purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor, The County shall be under no obligation to purchase such insurance, nor shall it be responsible far the coverage.{,fi1 purchased or the insurance company or companies used, The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights tinder the Contract Documents. 1 f 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 (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificates) shall be considered justification for the County to terminate any and all contracts. D Collier, County Florida Insurance and Bonding Requirements Insurance l Bond Type Required Limits 1. Z Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Uxemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at httns://apps.fldfs.com/bocexernpt/ 2. ® Employer's Liability $_1,000,000 single limit per occurrence 3, ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the S-1,000,000�single limit per occurrence, $2,000,000 aggregate for Bodily current ISO form Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Z Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its off leers and employees from any and all liabilities, damages, lasses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000 Each Occurrence; Bodily Injuryy & Property damage. Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as ® Umbrella S 3,000,000 Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (!ones Act) shall be maintained where applicable to the completion of` the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence ifapplicable to the completion of the Services underthis Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ © Project Professional Liability ❑ Valuable Papers Insurance ❑ Cyber Liability ❑ Technology Errors & Omissions Per claim & in the, aggregate $� Per Occurrence $� Per Occurrence $� Per Occurrence S, Per Occurrence 1 CA 0 7. 2 Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. S. ® Performance and For projects in excess of $200,000, bonds shall be submirted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet, The same Vendor shall provide County with certificates of insurance tnooting the required insurance provisions. 10. X Collier County trust 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. ® 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 hisurance 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, Z On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. 0 Thirty (30) bays 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 Collier County as well as the Contractor, Premiums shall be billed to the project and the Contractor shalt not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by tite Collier County Risk Management Division. GG - 10/17/2023 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. cofmv County PractlrOmerit Services Division VORM 9 CONVIACTOV 1N1711,32-1 ;1'AlrtInAVIT "['Ile Vcklttor certifies th ai, to ilic bcsl uP its knowledge and belief, the past and current work on any Collier C'mu ly pro,ject ar(ilialed Nvili, this solicitmioll dws k1w ptIsc an organizational conflict as described by cme or the three ctllegorio Wow Biused ground rides —The firm hats iml wt the "grt mid rules" Im 1lflilittkd petit 01- ctu'reiit C41110I• C',oullly proJoct idolttitied above (e.g., writing; n procurellmil's statement 0r work, sllecif wal'iwts, or perforating systems engineering kind technical direcliun for llte procnrcmenl) which allpoors Icy skew (lie comi)utilfon in ravorofmy firm. 111111almd objeeiivity —The firill lilts not performed work an an affiliated past or current Collier Counly pro.ject identified above to ewalliale proposals I past performance of itself ora colnpelflor, Avllich calls ititn questim ilia comr,iclor's ability to render iinilardal advice t0 the gowrim cot. Unequal amss io ltil'01r3rratioll —'file lirni hits not Kati ticccSS t0 110npu111ic nlfurnuilirm as part of its perflmrlaim or a comer County project irlcntilte(t al)ove which. miry 11ave provided ilia conlrttetor (or all affiliate) will, an unfair compotitive OW1111age in Curr011t 01' ruturc solicitations kind coiltracls. to addition 10 [this signed 111,11davit, the contrtictor l vcndar must provide [lie following; I . All doctiments produced m a result of t1le 4vllrli completed in the llast or currenlly being worked 0n ror the tthove- metltioncd project; and, 2. Indicute iftllo information produced was obtaitied its a miiller ofuublic record (ill tllc "sultwhine") or through non- public (Ilnt ill the "sullshine') eunva'salion {S), met 0ug(s), documenl(s) andlor othe'r nit ms. I'ailur'C 10 disduse all material Or having all orgm1i7alloilai conflict in one or more attic three categories above be idcntilied, may resull ill the disgw1lilication for future solicitations arliliated Will the above rerercnc'M Iii- ject(s). 13y lllc signature l}c1nw, 111e Brill (cn11111)yces. c11'Iim-s and/or til~cnts) cerliti i.,md hereby discloses, 111,111. la ilic best or their knowledge loci bt~licf; till rclrvtltot fiicls CSlrtccrning 1}list, present, or mirr•ently planned interest ar {10.10y (1im436111, c0r11rslctual, 01-ganizationtil, or ( IlWrwi:;e) Whith relates In the protect identified above leas been Cully tlis0l05e(11111(l (i(1cs nett pose all orgttniZntiunill aontlicl. _ 1lreferrod Nlulcrials, life, _ . ....._. Company Marne �ignatui'e emi>� Kormi,Authuifaxdl?nlpin}cc_ Print Nante alncl 'f'itic l3lnlc of I'ttlriclsl Comity t1f' 1•lillsborou�li The foregoing instrinllGrtt 5Va5 slCl(1101gIedged bellore all. by memis of 91 physieal prcximl or Q 0rlline n0tat'i'ft►titllr, this 3RIt —clay of December —1 nlontlt). 2iJ__ {year), by C'ratg i�clrrnr. ulhurire(I l"sit o nsuue ol'person acknowledging). — — —iSigntlturl tlf'uotat" I uhltc _...—,..._ — _ � Ile — te' C1"loridli) .A kirizabod R. Peru do Lotlgstrect t Print. Tylle, of Skimp C.emnlissianed Name of Notury Pu(]Iicj CC5l}]tall 11p1Yl C)1i 1'1-oducod Idelililicutiun NIA Type crl'ldentiticaliotl Nrodoud + IN MARt7At E01 PERU LONGSTaE MY COMMISSION # H14 22WO WIREG:Aprll i1, 2026 CAO O*e� C07414 y procurement Servl= Division I lrOltM 10 -- VV,N1)Oli l)ECI,AIIAI'ION S'i'A'fr,,MEN'I' - u BOARD OF COUNTY CO1v1MMIONERS C alliar C .duty Government Coniple% Naples, Flodde 34112 i)e1r commission01'S; fate Ulldel'sibned, as Vendor declares that Illis 1'espollse is Illade 'Withoat vonnection or arrmi enient with filly other person and this proposal is in evel•y respect fair and made in goad fault, wilhoutealluslottor fraud. The Vendor hereby declares the instructions, purchase order wrois and conditions, rcquirclncnts, tmtl speclfil �llionslst opt: of work of this solicit.Ttitsn have been Fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, 111 executc a C ollior C.Ot1TLty C10CllMMIt f01- UIC JAII- OSe of establishing a t'ornlal t%ulltractLlal relationship betwcolt the. firm anal Collier (,ounty, Iar the performance: of all 1•mquirements to which 1110 solicitation pertains. The Vendor tulles thm ilie submilled is basCd 0110n talc dOculuents listed by the Am rereronmi Solicitation. 1'iirther, the vcnlior slgress thstt if tnvarctcli si contract t'ur these Kaods and/or servipes, the vendor will lint be eligillle iv} Compete, submit n pruposnl, be awamled, or perform as a sub- venciov rav any rutura nssocialed ivitli lvtrrlt that is a result of this awarded contract. 1N WITNESS WHEREOF, WL !lave hereunto sithssrihctl Our WHIT :S oft this _ Sill _ play of_13ownbur , 2023 in y _ lsoroill ill Ile 5tsltc lit` Florida —— the Count of_1-tills.` Vin,l's legal Name: Address: City, Slate, lip Code: Florida Cutik=e Of AL101Orily Uoemucnt Number fedora) Ta.x Weill iticalkin Number "C'CR it Or C A GI---- C ode *(')lily if Grunt 1'e1001011e; ®IA Siglinture by: (Typed and wrillen) Titic; PvelL -rrcd Mawriuls, Inc. 570t L. fliilsburaugh Avc. Stole I122 Tompa, FI, 33610 P25884 58-14014687 C',(11111) 299019 ca ft 71.-X2-1 813-612-5740 Autllurivc:d I,nlplayce CAC) Additional Contact Information Send payments to: Preferred Materials, Inc. (required if different Compaay name used as payee from above) Contact name: Amber Armstrong Title: Accounting Assistant Address: 5701 E, Hillsborough Ave. Suite 1 122 City, State, ZIP Tampa, FL 33610 Telephone: 813-612-5740 Email: amber,ai'mstrong@preferrcdmaterials.cotei Office servicing Collier County to place orders (required if different from above) Contact name: 7erty Fletcher Title: Area Manager Address: 18080 Green Meadow Road City, State, ZIP Fort Myers, FL 33913 Telephone: 239-318-5007 Email: Jerry.fletcher a preferredmaterials,com Secondary Contact for Jason Bates Project Manager this Solicitation: Email: jasoll,bates rr preferredrnaterials.cont Phone: 239-560-0643 OCAO coter County Procurement Services Division FORM 11- INIM1CRATION AFF1DAVVV CER'1'1l'ICA'r10N a � Tllis Affidavit is required and should be signed, nollarixed by Eta aulljorizcti principlll of the (irm and submitted Willi f(il•111i11 sollcitatioa submiWils: Further, Vendors are required to be enrolled in the Ts -Verify program, and provide acceptable vvidwim, of 1h riI Cnl't111111t3111, al the tillm of the Submission of the Voidur's bill. Aceeplable evidet1c e consists nl' li copy of the properly camplcted 2-Veri ry Company Profile page (if itcgpy Of the fully executed i -Verify IVlclnnrundum of Understanding; rot, tllc company which will be produced tit the time of'thc submission of title Vcnclor's bid clr within live (5) clay of the (,ounty's Notice of I(ecommend Award, I+A1YdlRC TO EXECUTE T1115S AFFIDAVIT CEW1'IF1CX1I UN AND SU10.11T WI` 111 'VENDOR'S PROPOSAL1I311) MAY DID EM I'llE VENDOR NON -RESPONSIVE. C'c,lliea• County will not intentionally Etward County cootracls to any Vendol. ivho knrnvingly employs tgrtuilhol-17=1 alien Workers, ccnlstituting A violalitl'n or the ernploymem provision c onwined in 8 U.S.C'. Section 1'124 a(e) Scclion 274A(c) elf tie Immigration and Nalian.11ity Act ("INA"). (%A icr County may consider [Ito employment by any Vendor or kimitillhorizecl lllieiis a violation ol'Section 274A (0 of the INA. Such Violinlion by tho ru(Apieltt ofthe I ntployllmill Provisialls colltflined in Section 9_74A (e) ni'tho INA Shtdl I)e grnuncls for ullihlteral Wrnlination orthe Comma by Collier C:nullty. Vendor attests that they Eire rally cunrplianl with nil applicable immip,rilliou li)w$(spociliully to illc 1986 Immigraliori Act and subsequent Amendment(s)) thn[. it_ is E1Wi1rC 4'flu 1 ili cothl 51isi[1ce ith lha cquirements set 'uIh in f lorit[rl 5tal es dll8.(1r15 and agrces to camply with [tile provisions oftlic h'telntu-alndum urUnderslanding with 1-`-Verily turd to provicle proor oi' cnrolinicni in 'rile F.mpIL)ymcm Eligibility Veriftcatiolh System (I Verify), operated by [Ile Deptlriment ul'blomeland Security in partnelsllip with ille Social Security Admiaistralion ni the time': Orstll1rlission of tlic Velldur's proposmilbld. Ptti1err0tl Ad�tterilals, Inc. _ —.� npntly Name f.._" Signature: �']'E11� 1SE}CI'Q1h, Au[lhurizccl F_lhll}layec _„�_ - Print Name and Title SInIc of, Florida ('uullly tilf_.I•lillsboroilgh -- `I'lie fiiregclilrk iilstrumenl was acknowledged betore lrll by 1110MIS OF N' physioal presence ur F1 Online lltltllriZatitln, tllis 811h clsly a1' l.)eculi(b_cr (Invntlt). —?D2.1 (y -ar), by C'ra11; Kt3[rtHn, kld10616d Llnpluy" t1 Em , nl`perschn Eirl:uoivlcdgingl. (Signatur" of Nallry fauUl�e-- Sjltto-ctl l,loridaj - I-Eso laII Kilo Olt Pruduze(l Itlrulifi� hlicln hype of ldelldentilicmion PrOduccd ICIM-izubed 11.-Perox de Lmig-strect " 11,1 jilt, •1'yi)u, or Stamp Commissicmed Name ul'Nutilry I'ublic) Y Wl7ABE0 R: PFREZ LONOS'[flC�T MY COMMISSION 11 HI.1220000 :*' EXPIRES: Ap1i111,2026 FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless It Is made on unaltered Did forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE, BID DOCUMENTS MAYBE GROUNDS TO DEEM YOU NON-RESPONSIVEINON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1, The Sid has been signed. 2, The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. Q, Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included, 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a, Bid Form (Form 1) b, Contractors Key Personnel (Form 2) e. Material Manufacturers (Fo17n 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h, Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j, Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 1 1) MUST be signed and attached with your submittal. I. Signed Grant Provisions and Assurances package in its entirety, ifapplicable, are executed and should be included with your submittal. 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses — valid and current (myfloridalicense,com) Required: General Contractors or Builders license. e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11, Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered, COA0 DocuSign Envelope ID: $2D8FDC9 5ti6$! 83 97C2J701999G297 ACTION ByWRITTEN CONSENT IN Liu OF AN ANNvmr MECTINC OF THE BOARD OF DIRrCTORS OF PREFERRED MATERIALS, INC. The undersigned, being all of the members of the Board ol'Directors of Preferred Materials, hic., a Georgia corporation (the; "Corporation"), do hereby, ptirstiant to applicable Georgia statute, give this written consent (a) to the dispensation ofan annual meeting of the Board of Directors of the Corporation and (h) to the taking of the following actions, such actions to have the same force and effect had a meeting been drily called and held: 11. ELECTION OF OFFICERS RESOLVED, that effective May 5, 2022, all previous elections oCofticers are terrainated, and the fallowing persons be, and hereby are, elected to serve as officers of the Corporation (each individually, an "Ofjlcer" and collectively, the "Dffloers'j in the capacities set Furth opposite their respective names until such time as their successors shall be elected and qualified: David Church President/Chief Executive Offices - John Rothering Secretary & Treasurer Brian Morton Vice President & Assistant Secretary Terrance Turner Vice President & Assistant Secretary Gary Yelyin-ton Vice President & Assistant Secretary John R. Hooper Vice President & Assistant Secretary John W. Taylor Vice President & Assistant Secretary Carl Edward Ladd Vices President & Assistant Secretary Kenneth C. Laing Vice President & Assistant Secretary Lonnie Schaub Vice President & Assistant Secretary Lothar Alornia Vice President & Assistant Secretary Mark, S. Marine Vices President & Assistant Secretary Nicholas B. Wear Vice President & Assistant Secretary Robert Spill man Vice .President & Assistant Secretary Travis Raitt Vice President & Assistant Secretary Miguel Alvarez Vice President & Assistant Secretary David M. Toolan Admin. Vice President and Assistant Secretary FURTHER RESOLVED, that the Q,t'licers be, and each of them hereby is, authorized to execute and deliver Agreements, contracts. documents, certificates, and other instruments, under tile: seat] ofthe Corporation i.frequircd, for the purpose ofcondiicting the Curporaation's business, including without limitation, selling products and securing construction work, aad to take such other action, as the}' may deein necessary, advisable, convenient, or appropriate to carry i)ut and fully perform duties incident to the office or oMces so appointed, and such other dirties as ntety be prescribed by the Board ol'Directors from time to tune: OCAC� M DocuSign Envelope ID; 82EBFDC9-58BB-4F83.97C2-970199902977 FURTHER RESOLVED, that the following persons are hereby designated Officers solely for the purpose of attesting signatures of other Officers signing on behalf of the Corporation, and for executing; and attesting various corporate documents, tax returns, affidavits, and other instrurnCrIts a$ mfly be necessary from time to time; Bethany Casimir Assistant Secretary & Asststant Treasurer Cannen Sutton Assistant Secretary & Assistant 'Treasurer Deborah Lynn IdlQman Assistant Secretary & Assistant Treasurer Carmen Ness Assistant Secretary & Assistant `I're;asure:r Tracy Kinney Assistant Secretary & Assistant Treasurer Vashti Moore Assistant Secretary & Assistant Trcresure:r Ashley Losier Assistant Secretary Cheryl Kitzis Assistant Secretary David C. Lewis Assistant Secretary Tien George Assistant Secretary Marizabed R. Perez de L ongstreet Assistant Secretary Michael F. Deaton Assistant Secretary Rick Jarvis Assistant Secretary Sylvia Rocek Assistant Secretary Tainara A. Albright Assistant Secretary William P. Jones Assistant Secretary Zachary Puralewski Assistant Secretary IL APPOINTMENT OF AUT140RIZED EMPLOYEES RESOLVED, that effective May 5, 2022, all previous appointments Of' authorized employees are terminated, and that the following persons be and each of them hereby is appointed to serve as an authorized employee of the Corporation, which persons shall bo. authorized to execute and deliver such agreements, contracts, documents, certificates and other instruments, Linder the seal of the Corporation if required, for the purpose of conducting the. Corporation's business including,, without limitation, selling products and securing construction work: FURTHER RESOLVED, that (lie President of the Corporation natty, from time to time, without further action by the Board of Directors. appoint other persons to sellve as authorized employees, or remove any individuals fi•otn this capacity, and to direct those appointed to take such action, as he may deem necessary, advisable, convenient or appropriate to carry out acid fully peribrrn the duties incident to the office of President. Bobbie .Reilly Kevin Price Carl J. Thompson Kevin Williams Craig Ketron Logan Miller .David Cerniglia Matthew saenz S) Docu5lgn Envelope ID: 82E8FDC9.586B-4FB3.97C2-970199902977 Michael Vickrey G. Michael Johnson Nicholas Brown Jacob Unger Patrick Read James Bass Roberto Perera, Jr. Jennifer K. Edwards Jeremy Minnillo Jerzy Fletcher Tara Sutton Joe Liakos Tony DiPietro Joseph F. Donaruma W. Charles Molloy Kenneth Dalton Michael DiBurro Ill. AUTHORIZATION OF TRADE NAMES RESOLVED, that the activities and operations of the Corporation may be carried on in any of the following manners or styles as may from time -to -time be deemed necessary or appropriate: Conran] Velvington Distributors Prestige Gunite FURTHER RESOLVED, that the President of the Corporation may. from time to time. without further action by the Board of Directors. authorize the use of additional trade names, and to deem unauthorized any trade narne previously authorized, as he may deem necessary, advisable. convenient or appropriate. IV. MISCELLANEOUS RESOLVED, that all actions previously taken by any Officer of the Corporation appointed hereunder in his/her capacity as such Officer be. and each of"them hereby is. adopted. ratified, confirmed and approved in all respects as the authorized acts and doeds of (lie Corporation, FURTHER RESOLVED, that each undersigned agrees that electronic si¢nattrres. whether digital or encrypted, of the Hoard of -Directors are intended to authenticate this consent and to have the same force and effect as manual .signatures. As ttsed in the previous sentence. the tern? `electronic signatures" means any electronic sound, symbol or process attached to or logically associated with this consent and executed and adopted by a member of the Board of Directors with the intent to sign such consent, including, but not limited to, G-maul electronic signatures executed through DoeuSign Services; Lind C A( Docu&gn Envelope ID: 82E8FDC9-566B-4FB3-97C2-974199902977 FURTHER RESOLVED, that this Consent, following execution by all of the members of the Board of Directors, be Filed in appropriate order in the minute book of the Corporation. DQsasiqned ay: i]a Vl � 1bB79.E3,.. �Irc;l1 Pacuslunea by', bLt im eo ca ned y4bA John �. �ea�ing 8 State of Florida Department of State l certify from the records of this office that PREFERRED MATERIALS, INC. is a Georgia corporation authorized to transact business in the State of Florida, qualified on September 1, 1989. 'The docurnent number of this corporation is P25884, l further certify that said corporation has paid all fees dire this office through December 31, 2021, that its most recent annual report/uniform business report was filed on April 27, 2021, and that its status is active. 1 further certify that said corporation has not fried a Certificate of Withdrawal. Gh,en antler" 19(l, hiin 1 and the Great Seal of the State of'Flurida at Tallahastee, the Capital, this the Trventt,-sixth loll of'Augnst, 2021 *41WVY,.(- Secreany o f `S'tate Tra cleing N u ni b er: 6023 606901 CU To autlien ticate this certilicate,visit the following site,enter this number, tflld thest follow the instructions displayed. h##ps:l/services.sunl�lt.oyg1C'i[ingslC'erti#'ieate�# �txtuslC'ertiticute�►uthe»trcati�n FDOT� F"lor ida .Department of Transportation HON DOANTIS 6U5 Suwanee Strut KLVIN J. THIOAtjur, r.e. GOVERNOR Tallahassee, FI. 32399-0450 SECRETARY 9 0/27/2021 RE: DBE AFFIRMATIVE ACTION PLAIN APPROVAL The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: PREFERRED MATERIALS INC has been approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation Projects, i-1 will not be necessary for you to submit a new plan. If you need any additional information, please contact me at (850) 414-4747. Sincerely, Stefan Kulakowski State Contract Compliance Administrator Equal Opportunity Office AFFIRMATIVE ACTION PLAN EXPIRATION: 10/2712024 This. plan is one Qf t to bid on contracts fo FI r' ent of Transportation. This is not approval iCertification Program Die d�a Business Enterrise (UCF/DBE) Certification. For additiOn�l iLlfarmation In becomirtg a DBE, contact the Certif eflon $.ecti.c o at (850)414-_4747. OGAD " = i Preferred IVIATtrAIAL, , INC. A CRH COMPANY 27&030.1l8 �puAL oPPoR7utiny orFICE +21:2 Page r or 2 P u A ' hereafter referred to as "the Company" or "this Company" has adopted this policy and plan. Date: 1012712021 - BY. — . Signature Corporate FEID No,. 58-140.14Q8John R. blooper, President Printed name &title DISADVANTAGED BUSINESS ENTERPRISE ('DBE') AFF(RMATIVE ACTION PLAN It is the policy of this Company that disadvantaged businesses, as defined by 40 CFR Part 26, Subpart D and Implemented under Rule Chapter 14-78, F.A.C„ shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation (FDOT). The requirements of Rule Chapter 14-78, F.A_C., shall apply to all contracts entered into between FDOT and the Company - Subcontractors and/or suppliers to the Company will also be bound by the requirements of Rule Chapter 14-78 F.A.C. and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14-78. F.A.C., to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with FDOT. The Company and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in tale administration of contracts with FDOT. The Company has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The Liaison Officer will be responsible for disseminating this policy statement throughout the Company and to disadvantaged controlled businesses. This statement is posted on notice boards of the Company. I. DESIGNATION OF LIAISON OFFICER The Company will aggressively recruit disadvantaged businasses as subcontractors and suppliers for all contracts with FOOT. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan In accordance with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties- (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all FOOT contracts; (2) The Liaison Officer will submit all records, reports, and documents required by FDOT, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of FDOT, The following individual has been designated Liaison Officer with responsibility far implementing the Company's affirmative action program in accordance with the requirements of FDOT. DBE LIAISON OFFICER: NAME: Maria Perez TITLE; Office Manager EMAIL: maria.perez( preferredmaterlals,com ADDRESS; 5701 E. Hilisboraugh Avenue, Suite 1122, Tampa, FL 33610 C4�k 275-030-1Ia EOUAL OPPORTUNITY OFFICE 11112 PAge 2 ai 2 it. AFFIRMATIVE ACTION! METHODS In order to formulate a realistic Affirmative Action Plan, the Company has identified the following known barriers to participation by disadvantaged subcontractors, before describing Its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specffic geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform FDOTwork; 3. Lack of interest in performing on FDOT contracts; 4. Lack of response when requested to bid; 6. Limited knowledge of 1=DOT plans and specifications to prepare a responsible bid. In view of the barriers to disadvantaged businesses stated above, It shall be the policy of the Company to provide opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with FOOT will: f. provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company; 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting the state's goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 4. Provide adequate information about the plans, specifications, and requirements of the contract, notrejecting subcontractors without sound reasons based on a thorough investigation of theircapabilities; 5. Waive requirements of performance bonds where It is practical to doso; 6. Attend pre -bid meetings held by FOOT to apprise disadvantaged subcontractors of opportunities with the Company; T. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. 8. Utilize FDOT's DBE Supportive Services providers for assistance In identifying and notifying DBE's of contracting opportunities, The Company understands that this list of affirmative action methods is not exhaustive and will include additional approaches after having established familiarity with the disadvantaged subcontracting community and/or determined the staled approaches to be ineffective. 111. IMPt_EMEINITATION The Company will make every effort to 1. Meet state goals by utilizing its affirmative action methods. 2. Express good faith by seeking to utilize DBE subcontractors wherework is to be subcontracted. 3. Ensuring that contracted DBEs perform a commercially useful function as evidenced by their execution of a distinct element of work with its own workforce and the carrying out responsilatlities by actually performing, managing and supervising the work involved. W. REPORTIMG The Company shall keep and maintain such records as are necessary to determine the Company's compliance with its DBE Affirmative Action Plan. The Company will design its record keeping systern to indicate', 1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts, to Include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all FOOT projects; 4. The Company shall comply with FDOT's requirements regarding payments to subcontractors including OBEs for each month (estimate period) in which the companies haveworked. V. DBE DIRECTORY The Company will utilize the DBE Directory published by the FOOT. CCAO) 00 Marsh August 17, 2023 Carolyn E. Wheeler Vice President Marsh USA Inc. 1111 Northshore Drive Suite N-550 Knoxville, TN 37919 T +1 865 769 7700 carolyn.e.wheeler@marsh.com www.marshti.com Re. PREQUALIFICATION FOR PREFERRED MATERIALS, INC. To Whom It May Concern: FEDERAL INSURANCE COMPANY, a corporation under the laws of the State of Indiana with an office and place of business located at 202B Halls Mill Road, Whitehouse Station, NJ 088W represents PREFERRED MATERIALS, INC. for its surety bonding needs. As of the date of this writing, PREFERRED MATERIALS, INC. remains in good standing with FEDERAL_ INSURANCE COMPANY, which is affording continued surety credit for bonded obiigations with single project sizes up to $100,000,000 within an aggregate bonded surety program of $1,C00,000,000 for any and all types of highway projects. The letter is not to be construed as an agreement to provide surety bands for any particular project, but is offered as an indication of FEDERAL INSURANCE COMPANY'S past experience and confidence in the firm. We reserve the right to review terms and conditions of any proposals, contract documents, bond forms, financial arrangements and other underwriting considerations at the time the contract is awarded. If you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, Carolyn E_ Wheeler Attorney -in -Fact for Federal Insurance Company Rated A+* by A.M. Best Financial Size Category XV A business of Marsh McLennan C F--1 U E-3 F-3 Power of Attorney Federal ImuranceCC)mpatly i Vlgiiallt Insurance Company I Pacific Indemnity Comp'lny Westchester Fire Insurance Company I ACE American Insurance Company I1now All by These Presents, that VIIVERAL INSURANCE COMPANY. an Indlana corporation, VIGILANT INSURANCE COMPANY, a Nc%V York corporation, PACIFIC INDEMNITY COMPANY, o Wlsconslri eorporutlun, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY ourpuratkms ol` the Conima)weal th ah Ile unsylvanla, do each hereby constitute and appoint Carolyn E. Wheeler mach as their true and la OUI Attorney -In -Fact to execute under such designation in their nameh and to :iRlx their corporate seals to and tlellypr for and on tlielr behalf as surety thereon or atllenvisv, bands and undertakings and other writings obligatory In the naturu thcrt•of (ollrer than ball hoods} given or executed to the course of business, and any ingpoments Amending or altering die same, and cunsettl.s to the modification or alteralton ofany Instrument referred to In said bands or obilg;[tions, In Witness Whereof, said FEURRAG INSURANCE COMPANY, VIGLANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMSffiCAN INSURANCE COMPANY have each executed and atresi ed these presents anti affixed their corporate seals on (lily 101 day uFMarch, 2020. a-'Anxa�" -A)tv- JL� 9"-� kly-11.110111Irfn._mIstAllIStvri�Laly `wplltn%IIhauj} Itrtil+rt�iibant STATE,OF NFW J FRSGY County Of Flunterdon on this 1411` day of March, 2()20 before me, a Norary Public of New Jersey, personally came Dawn M. Chloros and Stephen M, Raney. to me known to be Assistant Secretary and Vice President, respecllvLly, of PEDERAI. INSURANCE COMPANY, VIGILANT CNSUitANCL+ COMPANY, PACIFIC INKMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACG AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Potver of Attorney, and ilia suld Dawn M, Chlurosand Stephen M. Haney: being by me duly sworn, severally and each for herselt'and himself did depose and say that they are Assistant Secroary and Vice President, respectively, of PEDRRAI, INSURANCE COMPANY, VIGILANT INSURANCE3 COMPANY, PACIf IC INDEMNITY COMPANY. WESTCHESTER PIRG INSURANCE COMPANY and ACU AMC+RICAN INSURANC9 COMPANY and kno+v the corporate seals thereof, that the suds afted to the foregoing Power of Attorney are such torporare seats and were theretu a1Tlxed by authority of sald Companies: and that their signatures as such officers were duly afflked and subscribed by like authority. Notarial Seal DKATHIVFROLINICE O NEWLAJ Rfits3TAlaY MqF NswdeRseY rra. i31@B85C4r'r+rrtk918n ExpIrae July 70, Ya124 CERTIFICATION RCSolutlons adopted by the Boards of Direetors of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC: INDEMNITY COMPANY on August 30, 2016; W(?STCHESTER PIRG; INSURANCE COMPANY on December it, 2006; and ACE AMERICAN INSURANCF. COMPANY tin March 2D, 2009. "RESOLVED, that the folluwlnxauthurinnIonsMIME ld(hcexecuttun,furandoil behaifurlhDriortpiny,urbundL. undertakings, mer4nlzuu'cs, contracts and otherwrimmearimianenlsufilicCompany entered Into lit the otdlhary cwarsr o1'b0sitte5s teach a "Written COMM Itment'7: (1) ratch ttf the i:hairman, the Pa'Adem and [tie Vice Presidents of 1heContpunylsherehy RUthorir-etl uiexucureanyWrltlenComntitmenl cur ndunhchatfuftht Lompllny.urtderlhC ycal of the Coinpuny or othenviev. (2) 1,ac1r duty appointed aliorneydn•faci of the Compmty lh lierehy atuhoriaed lu txeMde any Wrllren Caiulmllmen[ Car afid art hehaif or the Camryrgy, under the seal of the Gutdputiy or ollierwlse, ti)llleexlenl thatsuch ardon Isauthurized bylhegnmt ofpowers pruvtded furIn such prtsuh's wrlucnappulnttnent assuch Tmurney-In-Ort. (3) Each of the r-NJrrnan, the President and the Vlce 11KNIdenls of the@,ngsuuytsherebyalahorlmd,forandnn heh;druflheeolu)sany,taappointlift writing any prmun the anonrey- In-fart of the Company with full power and uulhorilytocxocute, for and on behalftrClhergrnpan5', ttgtivr die seal tifilteCompariyorothenvisa,sUr.11w ltttnCommitmemboril", Wailxmy as may be specified In such written aripulnimeni, %bleb speclfit:allon may be bygenerul wee or class of tYriugn Dpiri ilTintnrs or by speclflcallon or one ur room parllcular Written L'ommilmerim (a) tirach of the Chaliman, the President and the Vice Presldentr: of lilt CampanyIsherebyauthurlmd.krrAnd dptwhalfartheCompany todelgpteInwritingroanyolheraRlmrofilwe Company the aulll+irlry [o eKCCUIu, fur and on behalf of the Company, under the Cumpanys seal or otherwise. ouch Written C QInln{lineht5 of the Company as are sperirled In surh wrulendeit!PtNM,wltichspeciflcatlon may be by µrnmil. rypeor elusxor Wrlln'n Cunrmlunencs or hyspeclllcatlunufoncctrinareparltcuhlrWrltlenCunmolhneuls, (5) Tim eiynau it-afauy olflcer nr other person executIrw any Wrinen OuminAntent ur appulmmeril fir delegation pursuant In [lily Resululinn, and the seal of the Cumnany. may lye ;tmxed by fae".:Vmllu urr Such Wrlllen t:nmmltmm�t dr lvrilu'n appnlmmen[ ardelegallon• FURTHRIZRESOLVEn, thal die foreKaing Res hitlnn shall not h,dotmudlabeanexclusiveslatementordwpoweraandaud,nrilyufollicev,employeeaundotherpersunstuactforandanbehuifof the Campuny. and such Rem0talon shall nal Ihtril or aillerwIse aRycl the exerclse uYany such power ur audiurlly otherwise validly granted or vested,' I, Dawn M. Chloros, Assistant Secretary of FIAD11RAL INSURANCE COMPANY. VIGILANT INSURANCS COMPANY, PACIFIC INDEMNITY COMPANY, WRSTCIIGSTER FIRE INSURANCF, COMPANY and ACFAML+RICAN INSURANCE COMPANY (the "Companies") do hetxbycertify that (1) the I'Uregoing Resolutions adopted by the Board of Directors orthe Comp:inles are true, correct and in full Hirt@ and effect, Ili) the foreguirig Pntyer of Attorney is true, correct and in full force and elfccl. Given under my hand alid seals of Said Cwnpanies at Whitehouse Station, N), tills AugUsl '17, 2023 I>,w.n kl.t.ld+>rtr,_lsrai,�lnnt w+.d:ltii i INT14Euyv rVoLlWWITOVERIPYTHI,ALITHENTICrfYOrTHISSONDORNM'IPYLISOFANYarlIFRMATrmPLepseCONTAL'I'USAT; ��I Trlenhune(9os)9W,34h3 Gaxf9+7819Q3 3f5f a -wall: surety@rhubbcom ... Combined: FEO•VIG-PI-WFIC-ANC (rev. 11-19) l+lili1l.11lA'I'ItANSI'llll'I'A'1'111N 11111.AlEll4' ASSOCIATION, Inc. AMA Addition to Florida's Procurement Code —Section 287,0570S Florida Statutes I l,:vin A'I.ywIr,m This concerns a new provision of Florida's Procurement Code that applies to competitive t:mh,risrnuo procurements b local governments. Section 287.05705 was created during the 2021 legislative li,:rrl, �I :�+.,,,su P Y g � � t'h,urrlaIIIII- :Ir,t-r session, and provides: 4r,,m,• Pi r'I'AIAN str,urrrr}•'t',erraul�'' 287.05705 Procurement of road, bridge and, other specified public I++r,ruullin,i+ Pleat Chail-ImIll construction services. ANANTII t'u"4VA1. I'I'+•Nirlcnl. (1) With respect to competitive solicitations for the procurement of contractual services that are limited to the classes of work for which the l�IR1,C'�'r11t�i Department of Transportation issues certificates of qualification pursuant to S. 337.14, and which services do not involve the construction, remodeling, repair, 11(llt.1?:I,1-M.H1,IN III or improvement of an building, a governmental entity procuring such set -vices 31,.1. 1l.,+,lIhWslhlrrr•I' p y g, b y P B J nr' 13r:.+Il,rr may not prohibit a response from a vendor possessing a valid certificate of ltwl'S 11111i :I`'u'r• qualification under s. 337.14 or license under chapter 489 corresponding to the ,l.v•I{ Cm.'.W,Jl(or; 'I`(w claArl, contractual Service$ being procured. illm D,ms .rl,. 11oll I limulls, (2) This section applies to all competitive solicitations issued by frul"I' I'iri5'r,b:N 11a;uM. I IA LLI?Y a governmental entity on or after October 1, 2021. .1++1 Ix 11,.0 ,:u Under this statute, a governmental entity (Including local governments) may not prohibit a bid, If lot Kprpis DUNAM.k I I INI response, or reply from a FDOT prequalified contractor or Florida licensed contractor for projects knit limited to road, bridge, or other public construction that do not involve building construction. Stated Ilor,uti• Nm% p't,rh•r 11Fml"",i; differently, contractors holding a FDOT certificate of qualification or a Florida contractor license in DVHI.AN I'nn.l,n'!; the classes of work subject of the procurement ar-e pr•equalil7ed to bid. Local governments may not I :rr1lNat'r•;'1`+dhlKl' CmotwWxpicu. y Ks,%uy:4il impose their own prequalification or licensure requirements on such contractors. r1.11di{l?I1 11'u.,.lr�r.ustr Section 287.05705 supplements a similar prohibition in an existing statute. Section 255,20(1)(a), DISTRICT COMl4t1'1° RT, Florida Statutes, provides that a contractor that is FDOT-qualified in a given work class is CHAIRMEN presumptively qualified to perform the same type of work for local governments and restricts 1)iwlrint No. I application of local government prequalification requirements to oral), those bidders that are not, '1";111 r eRS FDOT-qualified; Dint,'iet No. S Tod+i Vuntil 1a1�460. N++. 3 A prequalified contractor considered eligible by the Department of cur rs't',nnms Transportation to bid to perform the to of work described under the contract lair:trit�t hrrr. 4 P P Yl I'.tl r. I r:I.I.+r:n is presumed to be qualificd to perform the work described.... 1'1i.-;trivl Nu, "i 1'IIVI. Il,f•IJ\Ul For contractors who are not prequalified by the Department of Transportation, 1Sati'II, i,rI:E:I.o-:I; the governmental entity shall publish prequalification criteria and procedures Dr4tnct No. 7 prior to advertisement or notice of solicitation.... Tomx Iv 11mi. Both prequalification under Chapter 337 and licensure under Chapter 489 are robust regulatory kit .,,NIl+l;1; A7 t ,u; ,r processes. As contractors holding a FDOT certificate or state license have been Vetted, other h1ntiK government -imposed qualification hurdles to bidding (such as local licenses or certifications) for ro07 F. DeSow Park nvivc toad and bridge projects are disallowed. TALLAHASSEE, l 1" 32301 We commend the statutes to your procurement, contract administration, and legal staffs. TELET tic NE. (890) 942-1,1104 Anallth Prasad, President PAX Florida Transportation Builder's Association, Inc. (81SO) 942A)ataz 08/27/2021 %vlii3wl'rE +rwvw,fibmcarn CCAO F L 0 R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 735 2021 Legislature P. 2 An act relating to preemption of local. occupational 3 licensing; creating s. 163.211, F.S.; providing 4 definitions; preempting licensing of occupations to 5 the state; providing exceptions; prohibiting local 6 governments from imposing additional licensing 7 requirements or modifying licensing unless specified 8 conditions are met; specifying that certain local 9 licensing that does not meet specified criteria does 1.0 not apply and may not be enforced; amending s. 1.1. 489.117, F.S.; specifying that certain specialty 12 contractors are not required to register with the 13 Construction Industry Licensing Board; prohibiting 14 local governments from requiring curtain specialty 15 contractors to obtain a. license under specified 16 circumstances; specifying job scopes for which a local 17 government may not require a license; amending ss. 18 489,1455 and 489.5335, F.S.; authorizing counties and 19 municipalities to issue certain journeyman licenses; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. section 163.211, Florida Statutes, is created 25 to read: Page 1 of 6 CODING: Words Or4aR are deletions; words underlined are additions. hb0735-01-er 8 F L D R I D A H❑ U S E a F R P P R E S E N T A T I V E G ENROLLED ISMMA I 2021 Legislature 26 163.211 Licensing of occupations preempted to state.-- 27 (1) DEFINITIONS. -As used in this section: 28 (a) "Licensing," means any training, education, test, 29 certification, registration, or license that is required for a 30 person to 12erform an occupation in addition to any associated 31 fee. 32 (b) "Localgovernment" means a county, municipality, 33 special district, or political subdivision of the state. 34 (c) "Occupation" means a paid job, profession, work, line 35 of work, trade, employment, position, Post, career, field, 36 vocation, or craft. 37 (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE. -The 38 licensing of occupations is expresslY 2reemPted to the state and 39 this section supersedes any local 2overnment licensing 40 requirement of occupations with the exception of the following: 41 (a) Any local government that imposed licenses on 42 occupations before January 1, 2021. However, any such local 43 government licensing of occu ations ex Tres on July 1, 2023. 44 (b) Any local government licensing of occupations 45 authorized by general law. 46 t3) EXISTING LICENSING LIMIT. -A :Local government that 4.7 licenses occupations and retains such licensing as set forth in 48 paragra2h (2)(a) may not impose additional licensing 49 requirements on that occupation or modify such licensing. 50 (4) LOCAL LICENSING NOT AUTHORIZED. -Local licensing of an Page 2 of 6 CODING; Words &tiGkGR are deletions; words underlined are additions, hb0735-01-or CA0]) F L O R I D A H O U S E O F R E P R E S E N T A T I V F S ENROLLED HB 735 2021 Legislature 51 occupation that is not authorized under this section or 52 otherwise authorized by general law does not apply and may not 53 be enforced. 54 Section 2. Paragraph (a) of subsection (4) of section 55 489.117, Florida Statutes, is amended to read: 56 489.117 Registration; specialty contractors.- 57 (4) (a) A person be-ldinq a leeal 1- ee`nse whose job scope. 58 does not substantially correspond to either the job scope of one 59 of the contractor categories defined in s. 489.105(3)(a)-(o), or 60 the job scope of one of the certified specialty contractor 61 categories established by board rule, is not required to 62 register with the board Withiff 63 . A local government, as 64 defined in s. 163.211, may not re uire a person to obtain a 65 license for a job soo e which does not substantially correspond 66 to the job scope of one of the contractor categories defined in 67 s. 489.1.05(3)(a)-(o) and ( ) or authorized in s. 489,1455(1). 68 For purposes of this section, job sco es for which a local 69 government may not require a license include but are not 70 limited to, painting; flooring; cabinetry; interior remodeling_; 71 driveway or tennis court installation; handyman services; 72 decorative stone tile, marble, granite, or terrazzo 73 installation; plastering; stuccoing; caulking; and canvas awning 74 and ornamental iron installation. 75 Section 3. Section 489.1455, Florida Statutes, is amended Page 3 of 6 CODING: Words gtvicken are deletions; words underlined are additions. hh0735-01-er (C7Ar)) F L 0 R I D A H O U S E ❑ F R E P R E S E N T A T I V E S ENROLLED HB 735 2021 Legislature 76 to read: 77 489,1455 Journeyman; reciprocity; standards.- 7B (1) Counties and municipalities are authorized to issue 79 journeyman licenses in the 2lumbing, 2i2e fitting, mechanical, 80 or HVAC trades. 81 ( )+l+ An individual who holds a valid, active journeyman 82 license in the plumbing, pipe fitting ittin�, 83 mechanical, or HVAC trades issued by any county or municipality 84 in this state may work as a journeyman in the trade in which he 85 or she is licensed in any county or municipality of this state 86 without taking an additional examination or paying an additional V license fee, if he or she: 88 (a) Has scored at least 7C percent, or after October 1, 89 1997, at least 75 percent, on a proctored journeyman Block and 90 Associates examination or other proctored examination approved 91 by the board for the trade in which he or she is licensed; 92 (b) Has completed an apprenticeship program registered 93 with a registration agency defined in 29 C.F.R. a. 29.2 and 94 demonstrates 4 years' verifiable practical experience in the 95 trade for which he or she is licensed, or demonstrates 6 years' 96 verifiable practical experience in the trade for which he or she 97 is licensed; 98 (c) Has satisfactorily completed specialized and advanced 99 module coursework approved by the Florida Building Commission, 100 as part of the building code training program established in s. Page 4 of 6 CODING. Words stoic► are deletions; words underlined are additions. hb0735-01-er C-AfJ F L 0 R I A H O U S E O F R E R R E S E N T A T I V E S ENROLLED HB 735 2021 Legislature 101 553.841, specific to the discipline or, pursuant to 102 authorization by the certifying authority, provides proof of 103 completion of such coursework within 6 months after such 104 certification; and 105 (d) Has not had a license suspended or revoked within the 106 last 5 years. 107 (3) A local government may charge a registration fee 103 for reciprocity, not to exceed $25. 109 Section 4. Section 489.5335, Florida Statutes, is amended 110 to read: 111 489.5335 Journeyman; reciprocity; standards.- 112 (1) Counties and municipalities are authorized to issue 113 journeyman licenses in the electrical and alarm system -trades. 114 (2)+1+ An individual who holds a valid, active journeyman 115 license in the electrical or alarm system trade issued by any 116 county or municipality in this state may work as a journeyman in 117 the trade in which he or she is licensed in any other county or 118 municipality of this state without taking an additional 119 examination or paying an additional license tee, if he or she: 120 (a) Has scored at least 70 percent, or after October 1, 121 1997, at least 75 percent, on a proctored journeyman Block and 122 Associates examination or other proctored examination approved 123 by the hoard for the trade in which he or she is 124 licensed; 1.25 (b) Has completed an apprenticeship program registered Page 5of6 CODING Words 44ep are deletions; wards underlined are additions, hb0735-01-er F L Q R 1 D A H Q U 5 E O F REP R ES ENTATIVES ENROLLED HB 735 2021 Legislature 125 with a registration agency defined in 29 C.F.R. s. 29.2 and 127 demonstrates 4 years' verifiable practical experience in the 128 e .-.e r trade for which he or she is licensed, or 129 demonstrates 6 years' verifiable practical experience its the 130 e ....tr ea trade for which he or she is licensed, 131 (c) Has satisfactorily completed specialized and advanced 132 module coursework approved by the Florida Building Commission, 133 as part of the building code training program established in s. 134 553.841, specific to the discipline,— or, pursuant to 135 authorization by the certifying authority, provides proof of 136 completion of such curriculum or coursewor'k within 6 months 13-) after such certification; and 138 (d) Has not had a license suspended or revoked within the 139 last 5 years. 140 (3)+2} A local government may change a registration fee 141 for reciprocity, not to exceed $25. 142 Section 5. This act shall take effect July 1, 2021. Page 6 of 6 CODING: Words strip► are deletions; words widerlined are addifio�is. hb0735-01-er S a DATE (MMIODIYYYYI A L7 CERTIFICATE OF LIABILITY INSURANCE [1)1412023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVIELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(Ees) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditlons of the policy, certain policies may require an endorsement. A statement an this certlficate does not confer rights to the certificate holder In lieu of such endorsements). PRODUCERGONTA T NAME_ Valerie Reece Liberty Mutual Insurance Co. National Insurance East PHONE 513.867-3822 is 500 N 3rd St Suite 300 Mom` Wausau, WI �4403 A0013111,• Otdcastle.certs Llbsrt Mutual,com www.LlbertyMutual.com INSURERA. INSURED INSURER B Preferred Materials, Inc. (216-TAM) INSURI:Ra! 5701 E. Hillsborough Avenue, Suite 1122 Tampa FL 33610 INSURER D COVERAGES CERTIFICATE NUMBER: 75733929 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 13FLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ADDL $ paliCY NUMBEt; POLICY EFF POLOG VYE YF LIMITS A COMMERCIAL GENERAL LIABILITY T62-CBI-004095.113 9/112023 9/112024 EACH QCOL sRRENNGE $ 2�000,000 T CLAIMS -MADE OCCUR PRPNUIE (Ee aic 1}�r e(ara S340ad00 XCU Coverage Included MED EXP An one arson $50 006 PrlmarylNon-Canlrl�utory Separation of Insured _ PEftSQNAL&ADVINJURY 52,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE >s2,000,000 POLICY i JEPT I.00 PRODUCT$ . CQMPIOP AGG s2,000,000 A AUTOMOBILE LIABILITY AS2-C81-004095-123 ANY AUTO A OWNED sCHEDULED AS2-C81-054502-523 AUTOS ONLY AUTOS E Physical Damage only: HIRED NON -OWNED AUTOS ONLY Auras ONLY Comprehensive Bed $10,000 urnBRELLALIAR ' I OCCUR EXGI=GS LIAB ill CLAIMS -MADE JAND EMPLOYERS' LIABILITY Y N All BXGBQt OH, ND, WA, WY ANYPROPRIETOR/PARI'N�RIEXEGUfTIVE N!A OFFICERIMEMRFR E XGLU1)ED7 H jMandataryInNH) VV07-C81-004095.013 9/1/2023 191112024 911 /2023 19/1 /2024 40M61NED SINGLE LIMIT a acc d mt s $2 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per aciddont) S PROKRT b__AA AGE P r accede l $ EACH OCCURRENCE AGGREGATE S S $ @L EACH ACCIDENT S 91112023 91112024 E,L, oISEASE - EA EMPLOYEE S F l nIRFAAr - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (ACORD loll Additional Romarks Schedule. may ba alla0hed U More apace la raqulled) RE. Evidence of Coverage. Evidence of Coverage. CANCELLATI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BP CANCELLED GEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Valerie Q 1988.2015 ACORD CORPORATION. All rights ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 5733929 1 a•0640R5 1 09.23-0 .24 Standard 10.2 F.XCCaD G13M AlYM I Erin Callnq I 8/Id/2023 6319.43 PN (CST) I Pa9c I OI. 1 DATE imm;DofYYYYM CERTIFICATE C.II OF LIABILITY INSURANCEo80023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE; Or INSURANCE DOES NOT CONSTITUTE A CONTRACT EIETWFEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PROVUCFCR, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cortifleate holder Is nn ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditlons of the policy, certaln pollol4s may require an endorsement, A statement on tills certificate does not confer rights to tho carlificate holder In lieu of such endorsement(S). CONTACT PRODUCER NAM �E• MARSS USA, LLC. F�- - - — --- II - - TWO AI-LAKECENTE; _ML gh. — --- 3tta LENOX ROAD, SUITE 2400 E-MAIL ATLANTA, GA 3034 A._PPRK- 5;_ - . ......-- - . COVERAGE . .... INSURER] ---- - - — --� NAIL 9_ CN10315000FS•Prol232A — IN@I1k EiL.Ll62r1y.SU.fPUslnsuranlrACa 10725 INSURED INSURER B,:•...... (rAM•2t6) PREFERRED MATERIALS, INC. _T—'T- 5701 E- kiLLSBORAUGHAVE SUITE:1122 INSURERC; TAMPA,FL 3361R INSURERD: r INsuReae:--.................... ..... ._ INSURE F: COVERAGES CERTIFICATE NUMBER: ATL-DO4238470-24 REVISION NUMBER: 10 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A50VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMCNT, TERM DR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFP { PWIJUT09P LTR TYPEOFINSURANCE POLICYNUR1aEh 4MMQEyYYYYI MAIIDD LIMITS COMMERCIAL GENERALLIAGILITY EACH OCCURRENCE _ 5 —_ CLAIMS-NIADE E] OCCUR EREA995IVA ommol— 8 --- .-- MED-- PFRSONAL 8 ADV INJURY $ GCN'L AGGREGATE UM IT APPLIES PE GENERAL AGGREGATE S�� __- -- LOC PRO PRODUCTS-OOMPlOPAGG S POLICY JE?T OTHER: AUTCMOeILELIAUI4ITY 0MVINEDSINGLEL-1197, $ _ ANY AUTO BODILY INJURY (Par parson) S V •� OWNED SCkEDULED 90DILY INJURY (Par acCtdarll) $ . AUTOS CNLY AOT{?SAqE - - HIRED NON -OWNED j _ 5 AUTOS ONLY ......._ AUTOS ONLY S UMBRELLA LIAII OCCUR CACWI dcCUlteNCe _ $ •^ .— EXCCSrrSLIAB C[J41M8MAI]L AggFtEG E DEO I faEYIcN'rION$ ---- S . WORKERS COMPENSATION OTH AND EMPI-oVER3' LIABILITY V I N INT ANYPR9hRIEY131WFARTNEIUE%ECUTIVC �N rA E.L.EACIiCCIUE:NT OFFICERIMEMDEREXCLUae09 N J E.L. DI3EA3E -1:A �CMPIOV[E 5 tMnndetory Ip NH) .....- sEAS— EA EM ---,. If wa, dascrq�a wndar DESCRIPTION OF OPERATIONS butow I E.L. DISCA&R- POLICY LIMIT S A Professional L1a1111y SAC5N70D147015 094112023 OU112024 Ends Caurrence 5.000,000 Dowolitlle - S751)'wo Agregale 5,Q00'( 4 I DESCRIPTION OF OPEkATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101. Addlpnool Remnrks Schodula, niny Eu uLlached it rwfa spaap is req„ Ired) EVIDENCE OF COV5RNG ONLY CERTIFICATE HOLDER CANCELLATION PREFERRED MAiFRIMS, ING. SHOULD ANY OF THE ABOVE DESCRIBED POLIGIES 9E CANCELLED BEFORE 5701 E. HILLSHOROUGH AVE, SUITE I I22 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN TAMPA, FL 33610 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V 1988.2016 ACORD CORPORATION. All rights reserved. ACORD 28 (2016103) The ACORD name and Ingo arcs rrglstered marks of ACORD .CAD COLLIER COUNTY B INESS TAX BUSINESS TAX NUMBER: 745172 COLLIER COUNTY TAX COLLECTOR - 00 N. HORSESHOE www.DUiQr�r- NAP S m RI1aA 34164 - (2") 252.2477 VISIT THIS RECEIPT EXPIRES SEPTEMBER 30, 2024 DISPLAY AT PLACE OF BUSINE85 FOR PUBLIC INSPECTION,. LOCATION: 911 5TH 87` SW ! FAILURIl TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED: PU4 BLJSINESSPHONE 813-355-7178 , ,r;,LEGAL FORM,:; ,,- PRE=FERR�D MATERIALS, INC STATE OR COUNTY LIC P: 1 Ir" Catpot2li4n PRPFFF—RED MATERIALS, INC; „l s: ; i ATTN: MANIA ly 5701 F HILLSSOROUGH AVE 101122 TAMPA, rL 3361 D 1•1l] EMPLOYEES �IGt. CLA5SIFICATIOM PAVING PROLWOTS MFGINO 1NSTAl;LAfil4 I 1x1si'..` °', �.�1. f`,'�', TNISTAxISNOl�RFFtJNDAF3Lt s r lr� t: j. DATE 09/0312023 CLASStFIcATION CODE: 03002201 30.00 ' ? RECEIPT WWW-2�4-OCC84735 This clocuinent is a husinessl8z only,. This is noteerlHieali0n that licffl e6 isiqusli ed. It does not perrillt the licensee to vialete any existing regulatory 20M19 laws of the ata1 , cqunty,, or ci68 +� nor does it exempt the licensee from any other taxes or perm'sts that may be required by law, Company ID Number,11815 Client Company ID Number:1453256 �AMAT/ CRH) WNW Employer Preferred Materials, Inc Name (Please Type or Print) Jonathan Walker Title Signature Date Electronically Signed October 02, 2019 E Verify Employer Agent Form 1-9 Compliance, LLC Name (Please Type or Print) Title Andre Gorash Signature date Electronically Signed October 02, 2019 Department ❑f Homeland Security - Verification Division Name Title USCIS Verification Division Signature Date Electronically Signed October 02, 2019 CCA(') Company ID Number;19959 Client Company ID Number:833181 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WES SERVICES F-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DH5), the Oldcastle Materials (Employer), and the Web Services E-Verlfy Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. E-Verify Is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS, References In this MOLE to the Employer Include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the webslte that provides direct access to the E-Verify system: https:lle-verify.uscis.gov/emp. You may access E-Verify directly free of charge via the E-Verify browser, Authority for the E-Verify program is found In Title IV, Subtitle A, of the Illegal Immigration Reform and immigrant Responsibility Act of 1996 (IIRIRA), pub. L, 104-208, 110 Stat. 3009, as amended (8 U.S.C. Section 1324a notep, The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amendedr provide authority for Federal contractors and subcontractors (Federal contractor) to use F- Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. For purposes of this MOU, references to the Employer Include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 2. By enrolling In E-Verify and signing the applicable MOU, the Employer asserts that it is a legitimate company which Intends to use F-Verify for legitimate purposes only and in accordance with the laws, regulations and ❑HS.pollcies and procedures relating to the use of E-Verify. 3. The Employer agrees to display the following notices supplied by OHS (though the Web Services E-Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: A, Notice of E-Verify Participation B. Notice of Right to Work 4. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Fmployer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated Information to SSA and DHS whenever the representatives' contact Information changes. 5. The Employer agrees to become familiar with and comply with the most recent version of theE-Verify User Manual, The Employer will obtain the E-Verify User Manual from the Web ServicesE-Verlfy Employer Agent, and will be notified by the Web Services F-Verify Employer Agent when a new version of the E-Verify User Manual becomes available. 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" (C3A documents that contain a photo. (List B documents Identified In 8 C.F,R. 274a.2(b){1)(8)) can be presented during the Form 1-9 process to establish identity.) if an employee objects to the photo Company ID Number;19959 Client Company IQ Number:8331B1 requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. B. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. 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. B. 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 with respect to Form 1-9 procedures. A. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA; (1) List B Identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DH5 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 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant Is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. B. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1.9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E- Verify Is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize, 11. The Employer must use E-Verify (through its Web Services E-Verify Employer Agent) 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 11.8 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconflrmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing Information specific to the employee's E-Verify case, The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral Instructions to employees and Instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees If they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with Informatlon necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee'snO perceived employment eligibility status while SSA or DHS Is processing the verification request unless the Company I❑ Number:19959 Client Company ID Number:833181 Employer obtains knowledge (as defined in 8 C.F.R, Section 274a.1(1)) that the employee Is not work authorized. The Employer understands that an initial Inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (Indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be Interpreted as, evidence that the employee Is not work authorized, In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and If he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work In poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or If a secondary verification is completed and a final nonconfirmation is issued, then the Employer can Find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rlghts Act of 1964 and section 274E of the INA as applicable by not discriminating unlawfully against any Individual In hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can Include selective verification or use of E-Verify except as provided in part ❑ 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 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274E of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, It should contact OSC at 1-800-255.8155 or 1-804-237.2515 (T❑❑). 15. The Employer agrees that it will use the information it receives from E-Verify (through its Web Services E- Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MQU. The Employer agrees that it will safeguard this information, and means of access to it (such as Personal Identification Numbers 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 MQU except for such dissemination as may be authorized In advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal Information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data, All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-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 receives from SSA through its Web ServlcesE-Verify Employer Agent Is governed by the Privacy Act (5 U.S.C. Section 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 MQU may be subject to criminal penalties, 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, which Includes permitting OHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9 and other employment records and to Interview It and Its employees regarding the Employer's use of EWVerify, and to respond In a prompt and accurate manner to DHS requests for Information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E- Verify on its website, In advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state In Its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHSIUSCIS (see M-795 (Aek)) 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, websltes, or publications are sponsored by, CA{] endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22, The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by PP___• 1-�- � Mm r. of Company ID Number,199519 Client Company ID Number:833IB1 this MOU, the Employer may be subject to appropriate legal action and termination of Its participation in E- Verify according to this MOU. S. RESPONSIBILITIES OF THE WED SERVICES E-VERIFY EMPLOYER AGENT 1. The Web Services E-Verify Employer Agent agrees to complete its Web Services Interface no later than six months after the date the Web Services User signs this MOU. E-Verify considers your Interface to be complete once it has been built pursuant to the Interface Control Agreement IICA), submitted to E-Verify for testing, and approved for system access. 2. The Web Services E-Verify Employer Agent agrees to perform sufficient maintenance on the Web Services Interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are Incorporated no later than six months after the Issuance of an ICA. Web Services E-Verlfy Employer Agents should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DH5 and or its assignees. 3. The Web Services E-Verify Employer Agent agrees to provide to SSA and/or DHS the names, titles, addresses, e-mail addresses, and telephone numbers of the Web Services E-Verify Employer Agent representative who will access information, as well as ensure cooperation, communication, and coordination with E-Verify. In addition, Web Services E-Verify Employer Agents must provide to SSA and/or DHS the names, titles, addresses, and telephone numbers of its clients and their staff who will access information through E-Verify. Web Services E-Verlfy Employer Agents must ensure the contact Information Is updated with 55A and DHS whenever the points of contact change. 4. The Web Services E-Verify Employer Agent agrees to become familiar with and comply with theE-Verlfy User Manual and provide a copy of the most current version of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The Web Services E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 5. The Web Services E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 6. The Web Services E-Verify Employer Agent agrees that any of its representatives who will perform employment verification cases will complete the E-Verify Tutorial before that Individual initiates any cases. A. The Web Services E-Verify Employer Agent agrees that all of its representatives will take the refresher tutorials initiated by E-Verify as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the Web Services E-Verify Employer Agent is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Web Services E-Verify Employer Agent and Employer from continued use of E-Verify. 7. The Web Services E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The Web Services E-Verify Employer Agent must promptly terminate an employee's E- Verify access if the employee is separated from the company or no longer needs access to E-Verify. 8, The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU, 10. The Web Services E-Verify Employer Agent agrees to provide its clients with training on E-Verlfy processes, policies, and procedures, The E-Verify Employer Agent also agrees to provide Its clients with ongoing E- Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 11, The Web Services E-Verify Employer Agent agrees to provide the Employer with the notices described in Article 11.8.2 below. 12, The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents In accordance with the E-Verify Manual, the E-Verify Web -Based Tutorial and all other published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will createE-Verify cases using Information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify Is temporarily unavailable, the three-day time period will be extended until it Is again operational in order to accommodate the Web Services E-Verify Employer Agent's attempting, In good faith, to make Inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is 0GA0 unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the Web Services E-Verify Employer Agent must use the E-Verify browser during the outage. Company ID Number;19959 Client Company ID Number;833181 13. The Web Services E-Verify Employer Agent agrees to ensure that all notices, referral letters and any other materials otherwise Including instructions regarding tentative nonconfirmations, will be consistent with the most current E-Verify tentative nonconfirmation notices and referral letters, which are available on E-Verify's website. 14. The Web Services E-Verify Employer Agent agrees that any system or Interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the ICA, this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmatlon to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services E-Verify Employer Agent understands that any failure to make its system or Interface consistent with proper E-Verlfy procedures can result In DHS terminating the Web Services E-Verify Employer Agent's agreement and access with or without notice, 15. When the Web Services E-Verify Employer Agent receives notice from a client company that It has received a contract with the PAR clause, then the Web Services E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date, 16. If data is transmitted between the Web Services E-Verify Employer Agent and its client, then the Web Services E-Verify Employer Agent agrees to protect personally identifiable Information during transmission to and from the Web Services E-Verify Employer Agent, 17. The Web Services E-Verify Employer Agent agrees to notify OHS Immediately In the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access toE-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at . Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E- Verify, 18. The Web Services E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review forms I-9, employment records, and all records pertaining to the Web Services E-Verify Employer Agent's use of E-Verlfy, and to interview It and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. A. The Web Services E-Verify Employer Agent agrees to cooperate with DHS if DHS requests information about the Web Services E-Verify Employer Agent's interface, including requests by DHS to view the actual interface operated by the Web Services E-Verlfy Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for DH5 the functionality of its interface to E-Verify upon request. B. The Web Services E-Verify Employer Agent agrees to demonstrate, if requested by DHS, that It has provided training to its clients that meets E-Verify standards, Training programs must provide a focused study of the topics covered in the E-Verify User Manual and pertinent Supplemental Guides. Furthermore, training programs and materials must be updated as E-Verify changes occur. The Web Services E-Verify Employer Agent is encouraged to incorporate Information from existing E-Verify materials, Including the Enrollment Quick Reference Guide, the E-Verify Employer Agent Client Handbook (formerly known as the Designated Agent Client Handbook), and existing tutorials and manuals into their training program. E-Verify also encourages the Web Services E-Verify Employer Agent to supervise first-time use of the E-Verify browser or Web Services Interface by its staff and Employer clients as part of any training program. The Web Services E-Verlfy Employer Agent agrees to submit its training program materials to DHS for review upon request. Failure to provide adequate training could, in some instances, lead to penalties as described In Article V.F,1, of this MOU. 19. The Web Services E-Verify Employer Agent 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 Web Services E-Verify Employer Agent 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 Web Services E- Verlfy Employer Agent services and any claim to that effect Is false, 20. The Web Services E-Verify Employer Agent shall not state In its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Web Services E-Verify Employer Agent agrees that E-Verlfy trademarks and logos may be used only OCAO under license by OHS/USCIS (see ) and, other than pursuant to the specific terms of such license, may not Company ID Number;19959 Client Company ID Number;8331B1 be used in any manner that might imply that the Web Services E-Verify Employer Agent's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E- Verlfy, 22. The Web Services E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services E-Verlfy Employer Agent may be subject to appropriate legal action and termination of its participation in F-Verlfy according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Web Services E-Verify Employer Agent shall ensure that the Web Services E-Verify Employer Agent and the Employers it represents carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The Web Services E-Verify Employer Agent should instruct the client to keep the Web Services E- Verify Employer Agent informed about any changes or updates related to federal contracts. It is the Web Services E- Verify Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 1. If the Employer is a Federal contractor with the FAR E-Verlfy 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-Verlfy 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 reverify 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. B. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire, if the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working In the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor In E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. C, Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. D. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working In the United States who were hired after November 6, 1986, Instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. E. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as; I. That Form 1 9 is complete (including the 55N) and compiles with Article II.A.6, O(-AO li. The employee's work authorization has not expired, and Company ID Number:19959 Client Company IID Number:833181 ili. The Employer has reviewed the information reflected In the form 1-9 either In person or In communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U,S. citizen). F. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: I. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested In Section 1 has expired or changed, or III. The Form 1-9 contains no SSN or is otherwise Incomplete. Note: If Section 7 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Article II,C.5, but reflects documentation (such as a U.S. passport or Form I- 551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described In Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject In the E- Verify User Manual, G. The Employer agrees not to require a second veriflcatlon 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 MOO 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 MOO to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. 5SA agrees to safeguard the Information the Employer provides (through the E-Verify Employer Agent) 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 55A as governed by the Privacy Act (5 U.S.C. Section 552a), the Social Security Act (42 U,S.C. 13061a)), and 55A 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 E-Verify Employer Agent. 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 E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF OHS 1. DH5 agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: A. Automated verification checks on alien employees by electronic means, and B. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation In E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone OCA numbers of DHS representatives to be contacted during the E-Verify process, 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as P...rrr ,� --now- � Woo r I& Company ID Number:19959 Client Company iD Number833181 an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both 5SA and DHS, including restrictions on the use of E-Verify, 4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verlfy Employer Agent) a notice, which Indicates the Employer's participation In E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil (tights Division, U.S. Department of justice. 6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), and to limit access to such Information to individuals responsible for the verification process, for evaluation of E- Verlfy, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides tin conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nanconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless OHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee Information submitted to E-Verify to Identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days Is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verlfy 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 OHS 1. If the Employer receives a tentative nonconfirmation issued by ❑HS, the Employer must promptly notify 0A0 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 Company ID Number:19959 Client Company Id Number:833181 contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer Individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation Issued by DHS, the Employer will Instruct the employee to contact DHS through Its toll -free hotline (as found on the referral letter) within eight Federal Government work days, 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the Instructions outlined In paragraph 1 of this section for tentative nonconfirmations, generally. 5, 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 1-7E5, U,S, Passport, or passport card to DHS for review by: A. Scanning and uploading the document, or B. Sending a photocopy of the document by express mall (furnished and paid for by the employer). 7, The Employer understands that if it cannot determine whether there Is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless It determines that more than 10 days is necessary. 9. While waiting for ease results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer or the Web Services E-Verify Employer Agent 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 SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services E-Verify Employer Agents must comply with federally -mandated information security policies and Industry security standards to include but not limited to: 2. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002. 3. Office of Management and Budget (OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. 4. National Institute of Standards and Technology (MIST) Special Publication (5P) and Federal Information Processing Standards Publication (FIPS). 5. International organization for Standardization/International Electrotechnical Commission (ISOIIEC) 27002, Information Technology - Security Techniques - Code of Practice for Information Security Management. 6. The Web Services E-Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS In the form of an Interface Control Agreement (ICA), The Weft Services E-Verify Employer Agent agrees to Institute changes to Its interface as identified in the ICA, Including all functionality Identified and all data elements detailed therein. CAS 7. The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services Interface if and when DHS requests such progress reports. Company ID Number;19959 Client Company ID Number:893181 8, The Web Services E-Verify Employer Agent acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services user of the system update, then the Web Services User's E-Verify account may be suspended, and support for previous releases of E-Verify may no longer be available to the Web Services User. The Web Services E-Verify Employer Agent also acknowledges that DHS may suspend the Web Services User's account after the six-month period has elapsed, 9. The Web Services E-Verify Employer Agent agrees to incorporate error handling logic Into its development or software to accommodate and act in a timely fashion should an error code be returned. 10. The Web Services E-Verify Employer Agent agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services E-Verify Employer Agent and DHS. 11. DH5 will not reimburse any Web Services E-Verify Employer Agent or software developer who has expended resources in the development or maintenance of a Web Services interface if that party Is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 12. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 13. If the Web Services E-Verify Employer Agent Includes an electronic Form 1-9 as part of Its interface, then It must comply with the standards for electronic retention of Form 1-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services E-Verify Employer Agents performing verification services under this MOLE must ensure that information that is shared between the Web Services E-Verify Employer Agent and DHS is appropriately protected comparable to the protection provided when the information Is within the DHS environment (OMB Circular A-130 Appendix Ill]. To achieve this level of information security, the Web Services E-Verify Employer Agent agrees to institute the following procedures: 1. Conduct periodic assessments of risk, Including the magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and the Web ServicesE-Verify Employer Agent and its clients; 2. Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks, facilities, Information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to Inform the Web Services E-Verify Employer Agent's personnel (including contractors and other users of Information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of Information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; 6. Develop a process for planning, Implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for Information systems that support the operations and assets of the organization; 9. In information -sharing environments, the Information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the information is shared with or provided to other organizations (NISI` SIB 800-371. 10. DHS reserves the right to restrict Web Services calls from certain Ip addresses. CA 0)) 11. DHS reserves the right to audit the Web Services E-Verify Employer Agent's application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DH5 assessment of information security and privacy practices used by the company to develop and maintain the Company ID Number:19959 Client Company ID Number:833181 software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services E-Verify Employer Agents must practice proper Internet security; this means using HTTP over SSIJTLS (also known as HTTPS) when accessing DHS information resources such as E-Verify [MIST SP 800- 951. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services E-Verify Employer Agent agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modlficatlon or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: A. Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. B. NSA Type 2 or Type 1 encryption. 4. User ID Management (Sat Standard): All information exchanged between the parties under this MOU will be done only through authorized Web Services E-Verify Employer Agent representatives Identified above. 5. The Web Services E Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded Its Interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services E-Verify Employer Agents whose interfaces do not support the Form 1-9 from 2/2/2009 or 8/7/2009 should also use the E-Verify browser until the system upgrade is completed. 6. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser Instead of its own interface if it has not completed updates to its system within six months from the date DHS notifies the Web Services E- Verlfy Employer Agent of the system update. The Web Services E-Verify Employer Agent can resume use of its interface once it is up-to-date, unless the Web Services E-Verify Employer Agent has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. Web Services E-Verify Employer Agents and Software Developers agree to develop an electronic system that is not subject to any agreement that would restrict access to and use of by an agency of the United States. 2, The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, accuracy and reliability of its electronic system, 3. The Web Services E-Verify Employer Agent agrees to develop an inspection and quality assurance program that regularly, at least once per year, evaluates the electronic system, and includes periodic checks of electronically stored Information, The Web Services E-Verify Employer Agent agrees to share the results of Its regular inspection and quality assurance program with DHS upon request. 4, The Web Services E-Verify Employer Agent agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, etc. 5. All Information exchanged between the parties under this MOU will be In accordance with applicable laws, regulations, and policies, Including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (Pil), Including but not limited to the employee or applicant's Social Security number, alien number, date of birth, or other Information that may be used to Identify the Individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article II.A.17. Reporting such breaches does not relieve the Web Services E-Verify Employer Agent from further requirements as directed by state and local law. The Web Services E-Verify Employer Agent is subject to applicable state laws regarding data protection and Incident reporting in addition to the requirements herein. E. SOFTWARE DEVELOPER RESTRICTIONS 1. The Web Services E-Verify Employer Agent agrees that If it develops a Web Services Interface and sells sur Interface, then it can be held liable for any misuse by the company that purchases the interface. It is the GAr responsibility of the Web Services F-Verify Employer Agent to ensure that its Interface is used In accordan with E-Verify policies and procedures. Company ID Number;19959 Client Company ID Number833181 2. The Web Services E-Verify Employer Agent agrees to provide software updates to each client who purchases Its software. Because of the frequency Web Services updates, an ongoing relationship between the software developer and the client is necessary. 3. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E-Verify procedures. 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E-Verify Employer Agent are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services E-Verify Employer Agent or Web Services Employer. F, PENALTIES 1. The Web Services E-Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result In account suspension, termination, or other adverse action. 2. DHS Is not liable for any financial losses to Web Services E-Verify Employer Agent, its clients, or any other party as a result of your account suspension ar termination. ARTICLE VI MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of ali parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DH5 or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Web Services E-Verify Employer Agent may terminate this MOU and its participation In E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the Web Services &Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days' written notice. The Web Services E-Verify Employer Agent may not refuse to terminate the Employer based upon an outstanding bill for verification services. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services E-Verify Employer Agent's participation In E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Web Services E-Verify Employer Agent or Employer, or a failure on the part of either party to comply with established E-Verify procedures and/or legal requirements. The Employer understands that If It Is a Federal contractor, termination of this MQU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that If it Is In a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. A Web Services F-Verify Employer Agent for 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 Web Services E-Verify Employer Agent must provide written notice to DHS. If the Web Services E- Verify Employer Agent 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 Web Services E-Verify Employer Agent agrees that E-Verify Is not liable for any losses, financial or otherwise, If the Web Services E-Verify Employer Agent or the Employer is terminated from E-Verify. ARTICLE VII PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS. SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing In this MOU Is Intended, or should be construed, to create any right or benefit, substantive or CAC procedural, enforceable at law by any third party against the United States, Its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. Rw WNW 14FAW• r r r of Company ID Number;19959 Client Company ID Number:833181 C. The Web Services E-Verify Employer Agent 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 ❑H5, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against It arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services E-Verify Employer Agent or 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 Web Services E-Verify Employer Agent or the Employer. E, The Web Services E-Verify Employer Agent understands that its participation In E-Verify is not confidential Information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressionai 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, the Web Services F-Verify Employer Agent and DHS respectively. The Web Services E-Verify Employer Agent understands that any inaccurate statement, representation, data or other Information provided to DHS may subject the Web Services E-Verify Employer Agent, as the case may be, Its subcontractors. Its employees, or Its representatives to: (1) prosecution for false statements pursuant to 1S U.S.C. 1001 and/or; (2) immediate termination of Its MOU aridlor; (3) possible debarment or suspension. G, The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. Oldcastle Materials (Employer) hereby designates and appoints Jeremy Bateman (E- Verify Employer Agent), including Its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E-Verify Employer Agent, and OHS. OLAO W Company ID Number:19959 Client Company ID Number;833181 If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer Name (Please Type or Print) Title Signature Date E-Verify, Employer Agent TALX Corporation Name (Please Type or Print) Jeremy Bateman Title Signature Electronically Signed bate February 08, 2019 Department of Homeland Security - Verification Division Name Title Signature Dare OCAO Company I❑ Number;19959 Client Company ID Number;833181 Information Required for the E-Verify Program Information relating to your Company: Company Name Oldcastle Materials goo Ashwood parkway Company racillty Address Atlanta, GA 30338 Company Alternate Address County or parish Fulton Employer Identification Number 22-1729463 North American industry Classification Administrative And Support Services (561) Systems Code Parent Company Number of Employees 100 to 499 Number of Sites Verified for 0 CAO Rw� "W -wM W r rw � I& Company ID Number;19959 Client Company ID Numher:833181 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: nAO Company ID Number:19959 Client Company ID Number:8.33181 information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Narne Stephanie Jordan Phone Number (770) 392-5397 Fax Number Emall Address Stephanie,jordan@oldcastlematerials.com 8 514122, 9:31 AM Pelall by Entity Name DIVISIDN 01- CORi1r)(1,01ON-S � l r org tlei vdiI'ieif ';!'ill tit %'lrrrl�frJ ;i,)i-. fr �� .� - � •tea ,�I]ari113B111 of Stile 1 D Vslan of CarijpjgjU= 1 Search Recorda I &'s1C=Y-=Y-Na115i 1 Detail by Entity Name Foreign Profit Corporation PREFERRED MATERIALS, INC. filing Information Document Number P26884 FEIIEIN Number 58-1401468 Date Filed 09/01/1989 State GA Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 02/03/2014 Event Effective Date NONE Principal Addresa 4636 Scarborough Drive Lutz, FL 33559 Changed: 04/17/2019 Mailing Addtes 4636 Scarborough Drive Lutz, FL 33559 Changed: 0411 T12019 &9W;md—Agent N CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 02/0112013 Address Changed: 02101/2013 Qfficer[blra;�or Name & Address Title President, CEO, Director Church, David M. https:/Isearch.sunblz.❑rgllnqulrylCorperat [on Search/Sea rchResulWetaIMnq uirytypamEntltyName&dlrectlonType=lnitiaAsearchNameOrder"PREFE R... 117 514122, 9:31 AM Detail qy Entity Name 13101 Telecom Drive Suite 101 Tampa, FL 33637 Title Secretary, Treasurer Rothering, Jahn 900 Ashwood Pkwy Suite 600 Atlanta, GA 30338 Title Assistant Secretary Hickman, Gary P. 900 ,Ashwood Parkway Suite 600 Atlanta, GA 30338 Title Director Keating, John J, 14 Monument Square Suite 302 Leominster, MA 01463 Title VP, Asst. Secretary Wear, Nicholas B. 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Yelvington, Gary 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Hooper, John R. 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Taylor, John W. 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Laing, Kenneth C. hapsYsearch,sunbiz.orpllnqulry/Corparation Sear chlSearchResullDeta1171nquirytype= EntltyName&dlrectinnType=initial&searchNameorder-PRE FER.,. 2!7 514122, 9:31 AM Detail by Entity Name 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Marine, Mark S. 4636 Scarborough Drive Lutz, FL_ 33659 Title Admin Vice President, Asst, Secretary Miller, William E3, 900 Ashwood Parkway Suite 600 Atlanta, GA 30338 Title Asst. Secretary Lewis, David G. 900 Ashwood Pkwy Suite 600 Atlanta, GA 30338 Title Asst, Secretary Perez de Longstreet, Marizabed R. 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Toolan, David M. 900 Ashwood Parkway Suite 600 Atlanta, GA 30338 Title Asst. Secretary Albright, Tamara A. 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Jarvis, Rick E. 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Deaton, Michael F. https;llsearch,su nbiz.orgllnquirylQorparatian5esrchl5earchResult❑elall7inquiryiype= Entity Name&d irectionType= In! tial&se archNameOrder- PRE FER... 317 514122, 9:31 AM detall by Entity Neme 900 Ashwocd Pkwy Suite 600 Atlanta, GA 30338 Title Asst. Secretary Kitzis, Cheryl J. 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary, Asst. Treasurer Casimir, Bethany 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary, Asst. Treasurer Kinney, Tracy 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary, Asst, Treasurer Sutton, Carmen 4636 Scarborough Drive Lutz, FL 33659 Title Asst. Secretary, Asst. Treasurer Wright, Sara W, 4636 Scarborough Chive Lutz, FL. 33559 Title VP, Asst. Secretary Raitt, Travis 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Apple, Joseph 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Rocek, Sylvia 4636 Scarborough Drive Lutz, FL 33559 (DO https;llsesrch.sunbiz.orgllnqu irylCorporatlonSearchlSearchResuitOetall7lnquirytype=EntityName&dlreotionTypo=l nitlal&searchNameOrder=PREFER... 417 5141221 9:31 AM Detail. by Entity Name https., Title VP, Asst. Secretary Morton, Brian 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Spillman, Robert 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Alomia, Lothar 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary, Asst, Treasurer Moore, Vashti 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Jones, William P. 900 Ashwood Pkwy Suite 600 Atlanta, GA 30338 Title VP, Assistant Secretary Alvarez, Miguel 4636 Scarborough Dive Lutz, FL 33559 AnttUW-Rr Report Year Filed Date 2020 0510112020 2021 04/27/2021 2022 04/24/2022 0gommumm oa12•uZq 2 •• ANNIJhL t ryoe r VLOW image in PDF formal Od112g2i--�}St�jL f�EPORT View image In PPF format g510i12f}2a .-ANNUAL REP4riT View mega in POF format c (9712D16 — ANNUALREP01 View image in 31 DF format � 1Aay2DL4.rr.. N 1. REPl7t2T - View Wage ili PDF lorrilot lsearch,sunbiz, arglinquirylcorporationsearch/SearchResuitDetail?lnquirytype=EntityName&directloniype=lnitial&searchNameOrder=PREFER., 5r7 514122, 9-.31 AM Detail by Fniity Name 09106/2018 -- AMEPAUN) ANHU.&L BEQRT - Vow image In PDF format l ��1071T,¢j� {y�`,NOEO ANNUAL REPQR7 View Image In POF format 0411812018 - ANNUAL REPOR'C - View image in PDF format 0713112Q17--AMENDQAN.gUALREPQJU %ow Imago inPQFformat 0411812017_---ANNU6LK,RQR1. 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October 01 B) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► do to www.tro.gov/FormW9 for Inatruntlons and the latest information. on your Income tax return), Nome Is required on this line; do not leave lhla tine blank. Preferred Materials, Inc 2 Business namaldlsragardW entity name. If different from shove give Form to the requester. Do not sand to the IRS. m 3 Chock appropriate box for federal tax classification or the person whose name Is entered on line 1. Check only one of the 4 ENmptlona (codes apply only to following seven boxes. certain entltias, not individuals; see f-I Instructions on page 3); InclMduatisnla proprietor or 0 C Corporation ❑ a Corporation t_i Partnership ❑ Trustleatate single member LLC Exempt payee undo (It any} ' i r t-Imited liability company. Enter the tux claesiflcatlon (G=G wrporattwi 5=8 eo(porirtlen, P=Partnership) It Note: Check the oppreprlgla box In the tine above for the tax GlasshleaHon or the single -member owner. Do not check Exemption from FATCA reporting LLC If the I_LC Is Classified as a eingla-mombar LLC that le disregarded from the owner unless the owner of the LLG Is code Of Tiny) another LLC that Is not dlsregrarded from the owner for U.S. fedarat tax purposee. Otherwise, a single-marrlber LLC that T -_ la disregarded from thu uwnur should check the appropriate box for the tax claeslflcalion of its owner. Qr?Iher(Se9lnstructlona)■ WHIHrfonwwmhrn�nrabwpwRaf7ernaQ'3) - T._.-,—...—_.... S Address (ornumber, street, and apt. suite no.) soo instructions. Requemor's name and addreue (optlorI 4636 Scarborough Drive 0 City, state, and ZIP II l.utx, FL�33559 7 Llet aCoounl oumber(e) here (optlCnal) _Tax a er Identification Number (TIN)_ Fitter your TIN In the appropriate Box. The TIN provldQd most match the name given an line 1 to avoid-Saaiel security numbmmer- backup withholding. sole For individuals, disregarded this Is generally your social security number (5ater However, for a resident alien. sole propriolnr, or disregarded entity, sae the instructions for Part I, latter. For other entitles, It Is your employer Identification number (EIN). If you do not have a number, See How to get A VI later. or Note: If the account Is In more than one name, see the Instructions for line 1. Also see What Name and Employer Idanttficatlon number Number To Qipe the Requester for guidelines on whose number to enter. 1I�S' � ��I$I ^1(( 1�410i11A1618] Under penalties of perjury, I cWrt that: 1. The number shown an this form Is my correct taxpayer identification number (or I am waiting for a number to be Issued to roe); and 2. 1 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, 1 am a U.S. citizen or other U.S. person (dellned 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 currentry subject to backup withholding because you heve foiled to report all Interest and dividends on your taut 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 "y�r1+ t required to afgn the oertlFlcailan, but you must provide your correct TIN. See the Instructions for Part 11, later. Sign stehatureaf / 6r.cp'� �D,--� 0111312023 Ilene U.S. Penton R �f bate ► - - - General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future davelopments. For the latest Information about davelopmants related to Form W-9 and Its Instructions, such as legislation smarted after they were published, go to www.irs.gov/FoffnW9. Purpose of Form An individual or entity (Form W9 requester) who Is required to file an Information return with the IRS must obtain your Correct taxpayer identificatlon number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer Identlfroatlon number (ATIN), or employer identifloatlon number (Ella), to report on an Information return the amount pall to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following. + Form f 099-INT (interest earned or paid) + Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) ► Form 1099-8 (stack or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from tool estate transactions) • Form 1001(merchant card and thlyd party network transactions) ■ Form 1098 (home mortgage interest), 1096-E (student loan Interest), 1006-T (tuition) + Form 1009-0 (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 ' r' Cat. No. 10231X Form W-13 (itev. 10- EXHIBIT A-3; CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Jason Bates Personnel Category Construction Superintendent Larry "Chad" StEspit Project Manager 13 Construction Services Agreement: [2024_ver 11 CAO EXHIBIT B-1: PUBLIC PAYMENT BOND (Following This Pagel 14 SAD Construction Services Agreement (2t124_ver,11 EXHIBIT B --1: PUBLIC PAYMENT BOND Bond No. Kals59398 Contract No. J 3-8195 KNOW ALL MEN BY THESE PRESENTS: That Preferred Materials, Inc, as PrindpallContractor, and Federal Insurance Con}pany as Surety, located at 202E Halls Mill Road, Whitchouse Station, NJ 08889 , (Business Address) are held and firmly bound to Collier County Board of County Commissloners as Oblige in the sum of Two M;Ilion Five Hundred Twenty Pour Thousand Six Hundred Thirty Eight dollars and 72/100 ($ 2,524,638.72 this includes allowance for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors, and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of . 20 24 with Oblige for mnirrnd23-81951G1hAve SW Pawdshouldcrlmprovcrncnls (Project) In accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof and is referred to as the Contract. THE CONDITION OF THIS BONG is that if Principal: Promptly makes payment to all claimants as defined In Section 255,05(l), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or incilrectly by Principal in the prosecution of the work provided for in the contract, then this bond is Vold; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract orthe changes do not affect sureties' obligation underthis Bond, The provisions of this bond are subject to the time limitations of Section 255.0592. 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 thisday of Apri `, 20 24 , the name of undersigned representative, pursuant to authority of Its governing body. INSTR 6540585 OR 6355 PG 2562 REGOROEO 502024 12:48 PM PAGES 7 CLERK OF THE URCUIT COURT AND COMPTROLLER COLUVR COUNTY FLORIDA \ jj REC $61.00 I2024ver.11 Signed, scaled and delivered in the presence of: PRINCIPALI ON RACTOR: Signature _Robert Spillman, Vice President Name andTitle STATE OF Florida COUNTY OF Hillsborough The foregoing Instrument was gplknowledged before me by means of _ hysical presenc or online notarization, this R day of April 2024 by Roberts illman , aS 'Nice President of Preferred Materials, Inc. a corporation, on behalf of the corporation. He he is personally known to me:'OR:has produced NfA identifi cation and did (did nof),k�ke �tih2th,. i � ti IIEI F5' 'S'i4 p xpires: (Signs re of No ry) '.(APFIX CFI- l L-.SEAL) Marirabed R. llcr&'4d 1, ngstreet ra ;' inted) MARIIA9EOR hERF.I!1t>�etf lic, State of Plorida H H 229900 N.; �) WCOWSSION414 n No.: EXPIRE&Aptil11,2026 f'��'.? f i • y 1 111 5� Yin"Authorized Signature (Printed Name) STATE OF _ COUNTY OF (Business Address) 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. Ne1She is personally known to me OR has produced _ _ identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: OR POWER OF A TTORNEY 1N PACT (A0) [2424ver.11 Federal Insurance Company 6 t il - � "�iul C iz� As Atto ey in Fact Signature (Attach ower of Attorney Carolyn F, Wheeler, Attorney -In -Fact (Fried Name) I i 11 Northshore i7rive_Suite N-550 _ Knoxville, TN 37919 (Business Address) STATE OF Tennessee COUNTY OF Knox The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 26thday of April 2024 by Carol n E. Wheeler as Attorney -In -Fact of Federal Insurance Com an a _ Indiana_ -corporation, on behalf of the corporation. He he is personally known to me OR has produced NIA identification and did (did not) take an oath. My Commission Expires: duly 7, 2027 0, A41L ignature of Nota (AFFIX OFFICIAL SEAL)l STAY;_ _ DF TENNES6�$ —_ NQfARY r s'U6LIC w � 4 11111i11%%A Name: Michelle Lute -Heatherly (Legibly Printed) Notary Public, Stake of Tennessee Commisslon No.: NIA (CAn I2024_ve r, i I EXHIBIT B-2: PUBLIC PERFORMANCE BOND (Following This Paqe) �At? 15 Construction Services Agreement: [2424—ver.11 EXHIBIT B — 2: PUBIrIC PERFORMANCE BOND Bond No. K41859398 Contract No. 23-8195 KNOW ALL MEN BY THESE PRESENTS, That Preferred Materials, Inc. as Principal/Contractor, and Federal Insurance Company T as Surety, located at 202E Halls Mill Road, Whitehouse Station, N] 08884-3454 (Business Address) are hold and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of Two Milliu v I"- flu itdrrd Twenly Four Thousand Six Ilundred Thlrly Eight and 721100 (g 2,524,638.72 ), In accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and Is referred to herein as the Contract. THE CONDITION OF THIS BOND Is that if Principal: 1, Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs, and attorneys` fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, Incurred by Obligee; and 3, performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and It does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This Instrument shall be construed in all respects as a common law bond. It Is expressly understood that the time provisions and statute of limitations under Section 256.06, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this , it day of April , 20 24 , the name of each party being affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 0in� (2024„Var.t] Signed, scaled and delivered in the presence of: PRINCIPAL/TIRACTOR: Signature Robert Spillman, Vice President _ Name and Title STATE OF Florida COUNTY OF H111sborouah The`'foregoing Instrument was cknowledged before me by means of sical presenc r _ 9311ne notarization, this ay of Aprii 20 24 by 'Robert Sp illrnan , 00 glee Vrrdsident of Preferred Materials, Inc. s ;` Crear 'r�►? ''. corporation, on behalf of the corporation, he is personally known V3,to a 08 h .� "roduced N/A_ Identification and did (did o no�aken cr .y b j'. �� `: My�Om.�iiss4o E=icplres: � - �;� of a#ary) ti MAR17A EO P. PEAF� ', (A��lx•aF�.FCih�l_ � � .Perez de i,an tr .'.I MYGOMMIS510Nr inted) EXPIRES: AM , a AAuthori `. tCar0 b1 I_ State of F10611a o-' HH 229900 Federal Insurance Company t I I I Northshore Drive, 5ulfe N-550 Knoxville. TN 37919 ler. Attorney -In -Fact Name) (Business Address) STATE OF Tennessee COUNTY OF Knox The foregoing Instrument was acknowledged before me by means of ' physical presence or online notarization, this 2ethday of Aprll 2p24 by Carolyn E. Wheeler as Attorney -In -Fact �. of Federal Insurance Company a Indlena corporation, on behalf of the corporation. He h Is personally known to me OR has produced NIA identification and did (ld not) take an oath. My Commission Explres: July 7, 2024 igna#ure of Nota (AFFIX OFFICIAL SEAL) Michelle Lute -Heatherly %��+t i { F +++ir (Legibly Printed) U7 � 4 OY .......;.!.4T�,`; Notary Public, State of Tennessee Commission No.: NIA = srnrZ .c or rENNEssu - ti Normy 01A } PUBLIC ()� ti G00t a`� CHUBF3 Power of Attorney Pederal Insurance Company I Vigilant insurance Company I Pacific Indemnity Company Westchester Fire insurance Company I ACE American Insurance Company "ow All by 'Phese Pr"crits, that 10RDE{RAL INSURANCE COMPANY, in Indlnnu CorPOvation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANV, a WlsLvnslr corporatlon, WBSTCHFSTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corpuratiarts Of the Commomve%allIt of Ptnnsyly cola, do each herebywristltute andappOh)t Carolyn E. Whoalor melt as their true and lawful At[nrneydn•F'aet td execute tinder SDCh designatloa In their names and to arllx their mrporaW seals to and deltvrr Cur and on thelr behalf as surely thereon Or otherwise, bonds and undertakings and other #vr hind obligatory In the nature IhernOf (other than bail bonds) given or executed lit fhtt course or business. and any Instruntewsameridulgoralteringthe some. and ccirnanintit thunwdilieatlon uraherallon Ofmly Instrument referredto Inlaid bonds nrobligatluns. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHWER FIRE INSURANCIR COMPANY and ACE AMERICAN INSURANCE COMPANY have emrir executed and attested these Presents and an)lied t,helr Lurporhte seals on [his IOa day orMarch, 2o2o. Rival 11 I hkNYk.:S�tit?l:nll`L tcl:n} SCAIlt OP NCW13P$t.Y CauntyOfHkill hrdon si- icythcil ll. Ilmml . l W, Frv-,idcut On this IOa day or March, 2020 before me, n Notary Publlt or New,lersey, personally came dawn M. Chloros nrxf Stephen M. Ifaney, to me known to be Assistant Secretary and Vice President, reapec8vely, of WDERAL INSURANCE COMPANY, VIGILANT INSUMNCIi COMPANY. PACIFIC INDEMNITY COMPANY, WFSTCHFSTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which etteeuled the foregoing Power or Atiomey, and the mold Down M. Chlaros and Stephen M. Hatay. being by me duly sworn, severally and each for herxlf and himself did depo%c and say that they are Assistant Secretary and Vice President, respecllvely, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCI. COMPANY, PACIFIC [N¢EMNrrY COMPANY, WFS'rCHRSrFT( I.JIM, INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals [hereof, that the seals affixed to the tbregoing Power orAttarney are Such mirpor4re seals and were thereto affixed by atithurlty ufsald Companies; and that theireignaturea as such offlceta were duly affixed and subscribed by like oulhodty. Nowrlal Seal Icarrar?aIN! J.RP@LMR noT"fit NOTARY PUML10 OF NEW JERSEY �'� Na. saleeee C OWMIa41an E,1p;reil July te, 2024 +s7e�k {pU@Lt R CERTIFICATION Resolutions adapted by the BOafds orDIrectars of PEDERAL INSURANCE COMPANY, VIGILAMP INSURANCI; MMPANY-and PACIFIC INDEMNITYCOMPANY oh Atlglist30.2016; WUPCI'IESrER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSUMNC13COMPANY on March 20.2009: -09piN W. thhr Ih r fdilawhig amhoriutt Ions reLmr to the exoc Luton, rot and on helinlf of i he Company, or bonds. undertakings. rtcoenlaancaf. rantracr# and olher mitten cnmmirtne Ito of the Csympar iy entrrnd Inca in ihd ordinary olsune of byslntnt 0.yeh n "Wrihon Cuminitrtmnt"h (1) rjeh of die 01riliman, the President and the Vice Presldetiti of rheCompadyishereby authorized IacreculcanyiYrlc0.•rrC.hh+rni;mtut fotandan6ehnlfufihaCnmpany.unAOrthe seal orthc Company or a;hanvl#e. M 10c11 duly apppinled altcmey,imficl fur and on heholraf File Company, under Chu seal of ihv COIilpatiY or mire rwlye. to rite extent that such ocilon is aulliariaed by lhegnrit of nuwero provided rot in such person'arsvittan aUlMft4hetl1 W -ugh altomey.In•facL (1) Lioch of the Chahrilun• ilia Prasldara and the vice Prt,sIdews of IheCompany lr hereby authorized. Car and art bahelt'ofElie anipany,toappolntinwrillnin shy perrah the AIRMlay- In-rae[ of tite Canipany With roll power andaudturllytocaecum, for and an belialfafthe Oampany, uhdar Chop selYelf Ill, cmnpauyarodicnyke,suchWrlucntouuni+m ntsartt+r Compiny3uCray bepprclaodInsuch wrtdettnppointrimin.whlshspedlicallnnmay btiryplietal3WLorclASPPf Written Commlintanlu or byspedfleadonof one or morepailicular Written fornmlimcnlF. (4) P.aclt of die Ohalrtnrn. tire Prmideni and the Vka Prexldants of rhurpirtpnityIthowltyauthorimd.forandonbchalrahhvCarnpiuy.mdclegnteInw6finginanyotherullkernrihv Conipanyiheoutherltytoextxule.fnrand onWi,llf of the CbmwaPy, under the Company's :coal or teh"do. ouch WhrtenInsuch mlilendalpgallan,wlllKh#peelllradon ally be by general Wvor clmtaf Wrhith rAmtrllrorelits or hyspecigcatinncrone ormoreparllcuiarWOULUICommltrnenis, j$) I'fiv xlytlrtiure of a11y officer or other person execit[inR any Wrhiea tatnmitmerit ur oppolnimdnt or deluplion ptlrswitt ro thir Resolution, and the semi of the Company. may lie affixed by fherl mlla nn suclt Wriltm t Comtnl lmenl or wrine n appdihlment ur dclrp"W11- FURTH6FMOLVFP, Ihal tilt, f re$drn6 Rewhitlon shall nut powers and eulhorltydrumcam,dintll0YO319ddother penonsloaclfornndonbchalfef the Company, and such Resolution Al tall nor Rini or nrhei-Mie o ffeci ilia exercise or;my rl+a h power or autJiority othe*sa votldlygranted or vestal,' I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRS INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Cornpatlies") do hereby certify that (I) the foregoing ReSolutiehS adopted by the Board of Ulrectors or[he CPmpar4m are true, correct a nd in full force And effect, (il)[lie fo(ral!gning.PowerafArlorney19true. correct and inFull force and e5iacl, GIVee n p$Ic`r'riyhit�aild Heals ofsatd CompaniesWl at rltchouse StatiNj on, , thisW. -• IN'rREEVENrY01JWI9lI r .1Ajv i Ash`,. cnrahlilod; E'hLVit3-PIWFIOAAIC(nrv.11.19) taut 1I Chh-un.lssiwuni SLun'tary' AT: ** Marsh April 26, 2024 Collier County Board of County Commissions 3327 Tamiami Trail Naples, FL 34112 Subject; Preferred Materials, Inc, -- Pond No. K418513398 To Whom It May Concern: Carolyn E. Wheeler Marsh USA Inc. t 111 Northshore Drive, Suite N-550 Knoxville, 'rN 37919 T +1 865 769 7707 carolyn.emheeler@marsh_com www.marsh.eom We hereby give our authorization to date the above referenced Performance and Payment bonds for Contract 4 23-8195 16th Ave SW Paved Shoulder Improvements Collier County, FL, and attached Power of Attorney to correspond with the date of the contract. Sincerely, t4 Carply Wheeler Attorney -In -Fact for Federal Insurance Company A business of Marsh McLennan Power of Attorney federal IIminallCc Coll 1paIlyI Vigilant Insurance C(ampally I P ldt1c Indernuity compalTy Wcstchescer E ire insurance C(mTlrilly I ACI; Amci IcEln Insurance Company Know All by 'These Presents, that 190PRAL INSURANCR COMPANY. ;d, Indlana corpor: dmi. VIGILANT INSURANCE COMPANY.:; Nvw Yod, corpnnulnn, PACIFIC INt)KMNITV COMPANY. a Wisconshl wrl,gr grut. we$'rCIiMgTRit PIRE INSURANCH COMPANY and ACE AMERICAN INSURANCC COMPANY colyldraaans of t110 CaLnnlunircLdih of I'rmts'ylvanla, doeach hereby cattsllutt' �InEl;tpprdnl Carolyn E. Whaelur vaeli ns their true and lawful Attorney -Ill -act to eaeeute {ludo, such dth:IClrtadut h1 their names and it) Allm their corpurate sods iv ;,pill lit.41%rl' rElr and no ll,eh' bomlras surety llierer,n or ollwnvine. hnptl4 n11L1 MiderurkhigT.e and illher wriings obllytltary In the h+<[ury Ih4rx'nf (ulller (hall lzlll hohLk) gh+nrl or executed In the ctulrne of hushem. ulld uti) InsUumenlsamendingor:diLPhlg111CxiI11Ie,alldconsentstotht`I710{llllcltlnl}nl';d[urgtloitof;toy hjNL1'LIIIIr11LreforrudloIIIsaidllimi sorUbllgmlons. In Witless whereof, mlti FEDERAL INSURANCE COMPANV, VIGILANT INSUIEANCiT COMPANY, PACIFIC INDEMNITY COMPANY, WESTCH$ST911 F'IRP INSOUNCE COMPANY and ACEAMPHICAN INSURANCE COMPANY Bove each exeruied and N(tC.sled dieso preselux and alilxed their cnrrorateAc411s nil thls 101h 115yof March, 202U, It IVLll 11 i,,Ilir II'r h44 ivi'lly 1tM� STATE qir NH%V jEI0;l:Y Cnunly of Ifunterdwn tik'l thti'n 11 I 1:1111LV ,11,7v Pfi'rlkill On 1111s ICTh day of March, 2O2Q k,crare mc, a Nn1ary Public of NCw Jersey, pell;onally color []oleo AI. ChlrnrAs and Sicpllen hl. I lane], m hlo kltrAYn to he Asslxlaul Secretary ant, Vice lrresldem, respoctively, of I'MmRAI. INSURANCE. COMPANY. VIGILANT INSURANCE MNIPANY, PACIFIC INl)BINNY i:OAIPANY. IVGSTCHOSTER FIRE INSURANCV COMPANY and ACE AMERICAN INSURANCE COMPANY, [Ile cumpaulLm whlch executed the furepIrW Ihmer of Atlorncy, :old the sold Dalm ill. Chlnrns and Slephen lit.11,1110y, huhig by file duly sn'trrn,l[averhlly and melt fur herselfand 1111n9eif(lid depose tin& soy Ihat they ore Axslmam Secrelary curd Vice Prexldeut, respcclivcly, of fliDldtAI, INSURANCE COMPANY, VICILAN'1' INSURANCE C:OMPANV, PACIFIC INCCNINnY COMPANY, IVESTCIIh5. NIt PIRH INMUIIANCR WIMPANY hlkl ACI; AMEIUCAN INSURANCH COd1PANY and kauiv the Cotlalhrtvsodld iltomor. that [hc seals aRlxeti to Elie rum*11rig Power rlf At[tii-nov ara such corporate seals ailed Im a dlurvu, e1Rxv& 11y authix'lly orsald Comp tides' and that thelr rlgumufcs as sorb "Ricer's icere duly anixed anti subscrilic& lay Ill{d a;uhori[y. Nntarlal $clot KATHBRIN& J. AQELAAR �S 4ri111Y NOTARY PUBLIC C3F NEVI JER$$Y *PUBIIC� lilNo. 2319flo C— r 'aMIR-AM Ernlrbi J,IIy niAs nu 1w, 2a2A Hk A CERTIFICATION Resolutions adupled by il,e Hoards or Dltrclars of KID11AL INSURANCIi C:OMi'ANY. VIGILANT INSURANCr COMPANY, anti PACIFIC' INIII-WNI'I'Y COhrPANY on Atrgtest 31A 2010: WGS'fGHFS1'I(R Irilkl, [N511R,{NE:H C71111FANY on Octenlll+:t• f I.2f1C1ti;,lid ACE: Ah1HIIICAh! iNStIIiANCI: C:C7111['r1N1' uu �Iru+rlF 2t1, 2C1[tf?; -RL,W L.VEV. dial rho rulimving awrlilitimilons relate W the esctuil nil, fur and uli Ix 1lalrwr W Cuwgwny, urhtiikk unduriakblgr, mxIfIrilmnces, 0-il Iriw4 hill ud+rr %,t111 eh 011111N1111+efUs Of 'Ile Cwullany ulxemd Info In tllc nt4lfrihrytmlrseofbudncss(carh n "41'tlucnClunlydrnum"y: 01 FAeh ufihe Chatrilmn, the I'mid411f mill she Via lWildeins arihnCmaI%mlytshcnlly autliorlrud Lt,exenuuanyli'rpleni:Unvnlinlunt 8rmulnnbehil[UfIIleGlrnpmhptundul'lhu act, of Ihu C:umpianY ro' udr"•I+atae- J21 Path duly aplwinhvi adorn riot-ract of 1110 Coinpdny is lrenby mwhurlr ll it. exctmu any Wrllrrn 0.111miwwuul rill- :Lod oil kx'Nd of Ilie CiniMmny, miller Elie amt Pride Cuhymily r+r Ud le twlso Ip the e.lteut dlit such acdun Ix uulluir Itc41 by eh. yp nil Urlwlxx'rs pnn•hlctl fur In fibril 1LVI colt•, i+7IIIVII al,lx allllnepl m to eh Rllornayhurnd. 131 Nivh of Ili,! Chahnam, the l'rcddvlrt 111%1 Ihv Vlit I'redIlmltr or IhuCaml'awy iahulVU}'tilllhnrlf.vd. Grrmi'I-HI bullhUnl'dir'Coallxlny,tunlNlidwl InwrllilIg mty Pelson Ihv aw4lruul'- 111'T041 vrtln' Cnnipilay lvllh full purvrr nllilnndw,ilyloexeawc, fur mul on Iwhnlfnrol:rumtinny, tiaw Illc swtlifdlrt:eimpmiyarnilk-m6u,meliI'rlllr'IeColli llmulit$-fllw OHnimmy na mny by srlvdllk411n r,uth u'rlueP Appulnwueul, tu1110h spucirk.0111 nsLy hLI Ity guuaml type tlr ckirs ur Wrltmn Eylnmillnivilu ur hyaprclfivrHim nr nnv lir wlI,ry µlit, leular 4VIIL1cu l:emwnhnlvl ll n. 6g lnrll Uf lilt' ChAlrhh111, III,! P;k$111011L cud Lie Vtt, mmliumi, ur riientmili;myIrherebyaulhudA`d.rurnrulonlmhilfiiflhrhs1111aIty.u111wfieTFllrIlk +rirwy,msuyodwrofficer ufliw CaplpriayLhemwhmhy III MUCHN.litraudfill lirhalf of the CUmrplly, ulklct the Ounilmiky'3 u+l at mliv vW, euelr tYrhteltfa,lunllUnmxSnf11112 aillpillyasarcv}xrllhvpIII ah{Ii Sirittan dulvganoll. whlch rpucillcadon may Ire by ge ucr11 lypio of chat or Wrillm C1imr nftincnril or bysylaclllrwhin of anc or nlon• panlrular Wrlurn Comndlmenls. (:+) '1110 001al111z•ufmtynlllccrorolherpvt+iunux&U1111pu11yW1111ellC01imrinrvid rnplwhdhlvd{urdvlvio-11-11rUrrhlrk!Wthil•w011oll,Mr1d111-P-llOf11,e12n1111MIly,MAY llunlfitt4by fILyltnlle oll lush 14'ri iiell [AgnlnlhnCllt or urlllvn a}ilrullilalt•11[ 4r 11ulaRal1o11. FtNTIIPftRFtifiLPlt0, [hut the I'utrV1Irgt lls-ialud,iw shrill nut lied+wnirdlnbemii•Relulrwslnlemeulnflhupowerxandnialvxltyrsi-alcilm, mplUytxxyurlm1wr%x`rumtnlei f+lrInd Oil huhalfnf 111E(',+illimiLy, rind mchRasolullonnllallIx%llhdlr,ro,herwlWalTer1111urxsrcinvnCaltywell timermaudmithyillhmi-v0semlldlygranmiury Ned: I, Dawn M, Chlorm. Asdslant SeLerolary of f>RnERAL INSURANCE COMPANY, VIGII.AINT INSURANCI: COMPANY. PACIFIC INDEMNITY COMPANY. WH.�'I'CI1EM 1 LIRE INSURANCECOMPANY anti AC E AMEMICAN INSURANCE OUNI pANY (tha "Cumpatlics") t1a ht'rt'I,y CL-rkiry LiIIII 0) the&lrc'yuingResoladnlisadopiedbyIhvMoat] ofDirecloraarlileCnmpglilvkryirtrite. curn+eland Ili Full fureeandofli i. (Il) Iherung,dri}i1'owerol'Atlomeyistrue,corrminndIliOilfarm,andeliccl. GIYenllndrrmyh;nuland5e,11sarsaldCILIMI:ILIN'SMWhplehouuSiallusi.N,this April 26.2024 � •r�L 4111,44r.,,1�1�ram st�rrl:ny, i Ixi'fll!CVFNI'S'liU4VI511'1I''0clyVrlElfl'TnEfi1YUOltK(yr[FUAnFA4Srr11C1tATfrR73'rnxleiWfi?m3AI'Llrhtili['nv1Act'LIkA7 Comelnue: F£t}-VIG•Pi•WFIC-AAIC (rev, IU161 EXHIBIT B-3: INSURANCE REQUIREMENTS (Following This PagW (9 1s Construction Services Agreement. [2024_ver.1] EXHIBIT 13-3: 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 herein. 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 numbericontract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Molder 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 herein 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 Contractor under this Agreement or any other agreement between the County and Contractor, The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents_ If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 9 t2024_ver.1 1 EXHIBIT C RELEASE AND AFFIDAVIT FORM (Template Form Following This Pam CAC 17 Construction Services Agreement' [2024_ver.1] EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF } STATE OF ( -) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and its subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20_ for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No Contractor's Signature Name and Title STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me by means of _ physical presence or _ online notarization, this —day of � 20_ by as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires; (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.; 8 12024_ver.1 ] F-XMIBIT D-1 CONTRACTOR APPLICATION FOR PAYMENT FORM (Template Form Following This EB_ge} c) 18 Construction Services Agreement: [2024,ver.1] EXHIBIT D-1 FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners (the OWNER) ar.Collier County Water -Sewer Owner's Project Manager's Name; Bid No. Pro ect No. Count 's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative; Name Contractor's Name & Payment Application No. Address; Ori final Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage L@5% $ Retainage @ 5% through [Insert $ through [Insert date] date] Retainage @ % $ Less Retainage $ after Insert date] Total Earned Less Retainage $ Less previous payment(s Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time % Completed to Date; Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work coveted 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. C�Q [2024_ver_ 11 EXHIBIT D-2 SCHEDULE OF VALUES (Template Form Following This Paq �19-() 19 Construction Services Agreement: [20244ver.1] rd El v m m r_ m m m U 0 w m 0) � U 4 �yy p� C N �tR O N C m N a a ro m o F-XHIBIT D-3 STORED MATERIALS (Template Form Following This Pa e S 20 Construction services Agreement, [2024_ver.1) W L w ❑ 0 U ~ w ❑ ') LLl 0 O !- � � w a ❑ (L >j V (n ❑ :3 w 0J — J W � U) a Z U) H E ❑ p w w w a w w >i d � LU D ❑ ] w w 0 je U a. w w w w m lJd Q Q z w w U) z V_ d w G U) EXHIBIT a-4 CASH PLOW PROJECTION (Template Form Following This Page) SAC z� Construction Services Agreement: (2424_ver.1] i z C r uj 1 06 8 EXHIBIT E-1: CHANGE ORDER (Terniplate Form Followings This Page) zz CCAO Con strUdIon Services Agreement' 12624_ver,1 ] Te CO Ie'r (Z YOu my Procurement Services Change Order Form Contract# CO# PO# Project #: Project Name: Contractor/Consultant Name: Select One: ❑ Contract Modification (Construction or Project Specific) ❑ Work Order Modification Project Manager Name: Division Name: Notice to Proceed original NTP Original Final Last Final Date # of Days Completion date == Approved Date # of Days Added Revised Final Date Current Substantial Completion Date (includes this change) (if applicable) Provide responses after each question in box below (Responses should be brief and specific). Attach additional information andlor documentation from the Design Professional and/or Contractor, if needed, with your submission of this Change Order and complete summary on next page. Check all that apply to this Change Order request: 0 Add Time; ❑ Add funds; ❑ Use of Allowance; ❑ Modify/Delete existing Task(s); ❑ Add new Task(s); ❑ Reallocate funds; ❑ Other (must be explained in detail below) 1.) [Detail of changels to be made through this Change Order. 2.) if this Change Order is currently under a Stop Work, please identify the date issued and number of days remaining or "N/A" if not applicable. 3.) Explain why this change was not included in the original contract/Work Order. 4.) Describe the impact if this change is not processed. Page 1 of 4 Change Order Form (2024_ver.1) GORIeW C 014nty Procurement Services Change Order Form Contract# CO# Po# Project #: Project Name: Contractor/Consultant Name: Change Order/Amerldment Summary (If additional spaces needed, attached a separate Summary page to this amendment request) COST TIME CO* AMD# Description Additive Seductive Days Total New Justification + Added Time ❑ Check here if additional summary pagels are attached to this Change Order O"�C7 Page 2 of 4 Change Order Form (2023_ver.1) k C.O 10V C014 .ty Procurement Services Change Order Form Contract# Co# Po# Project #: Project Name: Contra ctorlConsuitant Name: Acceptance of this Change Order shall constitute a modification to contract l work orderldentifled above and will be subject to all the same terms and conditions as contained in the contract / work order Indicated above, as fully as if the same were stated In this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendorl Consultantl Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. ContractorlConsultantIDesign Professional signature below must be from an authorized personlofficerldirector of the Company or listed as the qualified licensed Professional "Project Coordinator" or Design/lrnglneer Professional under the agreement. Signature authority of person signing will be verified through the contract OR through the Florida Department of State, Divlslon of Corporations (Sunbiz) website (httpslldos.myflorida.com/Sunbiz/`segmh/ . If the person signing is not listed, we will require signature authority by one of the listed officers/directors of the company giving that person signature authority. Prepared by: Signature -Division Project Manager Printed Name Date: Accepted by: Date'.Signature- DesignlEnglneer Professional (if applicable) Accepted by: Printed Name)Titla/Company Name Signature- ContractorlConsultantlVendnr Printed NamefTltlel Company Name Date: Approved by. Data: -- Signature -Division Manager or Designee (Optiona)) Printed Name Approved by, date: Signature -Division Director or Designee (Optional) Printed Name Approved by: Qa#e: Signature- Division Administrator or Designee (Optional) Printed Name �Q Page 3 of 4 Change Order Form (2024_ver.1) r Co Yer C01414ty Contract# CON Project Name: Contractor/Consultant Name: FY CHO Request # Approved by: Procurement Services Change Order Form PO# Project #: FOR PROCURMENT USE ONLY Signature -Procurement Professional Signature/Date Approved by: Signature -Procurement Manager/Director (OPTIONAL) APPROVAL TYPE: ❑ Administrative ❑ Administrative-8CC Report ❑ BCC Stand -Alone ES (BCC Approval Required) BCC APPROVAL ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By Dated: (SEAL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman Date: Agenda # Approved as to Form and Legality: Deputy County Attorney Print Name Page 4 of 4 Change Order Form (2024_ver.1) — EXHIBIT E-2: WORK DIRECTIVE FORM (Template Form Followin This Pa e (9 23 Construction Services Agreement: [2424 ver_1j EXH1131T E -2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE, DATE: OWNER: Collier County Board of Commissioners PROJECT#; CONTRACTOR; ENGINEER: You Fire directed to proceed promptly with the following cliange(s); Description: Purpose of Work Directive Change: Attachments; If a claim is made that the above changes) have affected Contract amount or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract amount: Times: ❑ Unit Prices ❑ Dump Sum ❑ Other A not -to -exceed itemized estimated increase (decrease) in Contract amount: RECOMMENDED, EngincerlDesign Professional Method of determining change in Contract ❑ CONTRACTOR's records ❑ Engineer's record ❑ Other Estimated change in Contract Time: Increase or decrease by calendar days. AUTHORIZED: Owner's Representative S [20244 ver,l] EXHIBIT F 1 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (Template Form Following This Page) CAD 24 Construction 5ervicos Agreement: [2024_ver.1] OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional Project No, This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof; To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of 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 9 12024—ver.1 ] 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 final punch fist shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion and Contractor shall provide Owner with written notice that all punch list items have been completed. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance, and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 20 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20— and will submit within five calendar days, an approved pay application to bccapc:ierk(@collierclerk.com. The pay application will include regular schedule of value scope work to be billed and all work to be billed for all change orders. Signature of Contractor Type Name and Title OWNER accepts this Certificate of Substantial Completion on Signature of Owner 20 Type Name and Title (DO EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM (Template Form Following This Cage CSC 25 Construction Services Agreement: [2424yer.1] EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No, Design Professional Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. The warranty in Exhibit G-2 is attached to and made a part of this Certificate. To OWNER And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION [2024 ver.1] Intentionally left blank Executed by Design Professional on , 20 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Substantial on this Signature of Contractor Type Name and Title OWNER accepts this Certificate of Final Substantial on this , 20_ Signature of Owner 20— Type Name and Title Gnn rgn?a vnr 11 EXHIBIT F-3 PUNCH LIST FORM (Template Form Following This Pa_ge2 26 ConstructlonServicasAgreement! (2024 ver.i] EXHIBIT F-3 PUNCH LIST FORM Item Description No. Value Completion Date Dated Approved by Owner Subtotal x 150% (2024_ver.1 ] EXHIBIT G-1 FINAL PAYMENT CHECKLIST (Temiglate Form Foffowinq This Page) BAR 27 Construction Services Agreement: [2024 ver,1 ] EXHIBIT G-1: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: PO No, Date: 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: Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion, Final Completion Time as set forth in the Agreement: Actual Final Completion Date: YES NO © �� 1. �I 2. 3. 4. 5. l3. M Fill I Calendar Days. Calendar Days. All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one year warranty from Contractor is: 2 copies of Operation and Maintenance manuals for equipment and system submitted (fist manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form), Certificate of Substantial Completion issued on 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 provicleo to Uwner: 14, Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: Executed by Design Professional on Signature of Design Professional Executed by Contractor on Signature of Contractor Executed by Owner on Signature of Owner 20 Type Name and Title 20 Type Name and Title 20 Type Name and Title EXHIBIT G-2 WARRANTY (Template Form Following This Page) OGAO� 28 Construction ServicesAgrcemcnt [2024 ver.1] EXHIBIT G-2 WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Substantial Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF SUBSTANTIAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. CONTRACTOR: WITNESS: Signature Signature Name Printed and Title Name Printed [2024 ver.1] EXHIBIT H. GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization, or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 if before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager, Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following; those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roasts; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any olaim for additional time or compensation_ (JA 29 Construction Services Agreement: [2024ver.li 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 (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or ((i) 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 the Board's award of the Agreement, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time, The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3,2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below_ The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be S Construction Services Agreement; (2024_ver.1] limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday_ No work shall be performed outside the specified hours without the prior approval of the Project Manager_ 4. PROGRESS PAYMENTS. 4.1 At least ten (10) days prior to submitting the monthly Application for Payment, the Contractor shall submit to the Project Manager a final schedule of values and "cash flow projection" that establishes the projected date for the construction/installation for all activities of the Work shown on the accepted schedule, including quantities and unit prices totaling to the Contract Price. The Schedule of Values shall be satisfactory in form and substance to the Project Manager and shall subdivide the Work into component parts in sufficient detail to serve as the basis for Measuring quantities in place and calculating amounts For the Contractor's monthly progress payments during construction. Further, it shall include the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials invoived and the dollar amount of each subcontract and Purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. Unsupported or unreasonable allocation of the Contract Price to any one activity shall be justification for rejection of the Schedule of Values. The Contractor shall not submit an unbalanced schedule of values which provides For overpayment to the Contractor on activities that would be performed first. The schedule of values shall be revised and resubmitted until acceptable to the Project Manager. Once the schedule has been accepted by the Project Manager, the Owner reserves the right (at its option) throughout the Contract to require that the Contractor honor a particular price contained in the schedule of values, if the activity pertaining to it is being deleted or modified. Upon approval of the schedule of values by the Project Manager, it shall be incorporated into the form of Application for Payment attached to the Agreement as Exhibit D and shall be used as the basis for the Contractor's monthly Applications for Payment. The schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative. 4.2 The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date, and monthly thereafter, but not more often than once a month or prior to substantial completion being met. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds_ 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, Invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record form attached hereto and made a part hereof as Exhibit D-3. 31 Construction Services Agreement; 12024_ver.I I 4.4 The cash flow projection shall be a fixed monthly projection of the value of Work in place. If the actual cash flow (represented by the Application for Payment) for any month is less than eighty- five percent (85%) of the projected amount for that month (as established by the Contractor in the cash flow projection form it submits), then the Contractor may be barred from bidding other County projects until the value of Work in place is corrected and within ninety-five (95%) of the projected value. (See attached Exhibit D-4, Cash Flow Projection form). 4.5 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). Within twenty (20) business days 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 therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218,735, F.S. and the terms of the Contract Documents, 4.6 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 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.7 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255,078, Florida Statutes- Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.8 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.9 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor, or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.10 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 Cash Flow Projection, 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 consiruction services Agreement [2024_ver.�l_ completion of the Work shall modify the time of payments to Contractor as set forth in Exhibit D-4, Cash Flow Projection. 4.11 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4,12 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.13 The Owner may, at its discretion, use VISAIMASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The Owner may not accept any additional surcharges (credit card transaction fees) as a result of using the ❑wner's credit card for transactions relating to this agreement. 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 ❑ocuments. 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 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 33 construction Services Acgreemont; [2024 ver 1] �A4 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 terms of the Contract Documents 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 form 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 Acceptance and 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 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 to Proceed 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 34 CAS Co>7slruction Services Agreement. t2024_ver9) 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. 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. S. DAILY REPORTS, SIGNED AND SEALED AS�BUILTS AND MEETINGS. 3.1 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: B_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; $.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); 35 Construction Services Agreement: [2024 ver.1] 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit, and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g, interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built'' record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, or such longer period as may be required by law, whichever is later, pursuant to Fiorida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tarniami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestqbcolliercountVfl.gov 3G Construction Services Agreement: [2024_v�1.11 ( O The Contractor must specifically comply with the Florida Public Records Law to: t. Keep and maintain public records required by the public agency to perform the service, 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 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 T'iME 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 matehalmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein, 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 37 CQnstmdil)n Services Agreement: [2024_ver.1] 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 in the form of a Work Directive, Exhibit E-2, 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. 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 ❑n 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 Conslrur,Mn Services Agreenlerlt'. [2024�ti✓P � the intent of the Contract Documents, Such changes may be affected: 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, as amended and the terms of the Contract Documents in effect at the tirne 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 terns 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 the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim, All Claims shall be priced in accordance with the provisions of Subsection 10.4, 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit, or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (4B) 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 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 Worm 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 Construction Services Agree Meni: [2024_ver.1] 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 any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit 13-3 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 he 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 US.0 1324, et s. eel and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws ao Construction Services Aofeernent; I2024 ver.1l P referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professionals services and construction services. Contractors 1 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. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's I Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website, httv:1/www.dhs.gov/E-VLL. 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 6 U.S.C. 1324, et EM. 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. 15A Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged 41 Construction Services Agreement; (2024_ver.li 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. PERMIT'S, LICENSES AND TAXES. 17.1 Pursuant to Section 213.80, 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. 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 sirniiar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the defauit(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 disoretlon, 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 42 construction Services Agreement: [2024_ver.11 0$0 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, lasses, 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. 18A 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 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 falls to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor, In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned 43 Construction Services Agreement: [2024_ver.I] t:Ac7 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. Substantial Completion and Development of the Punch List 20.1 Substantial Completion is as defined in the Defined Terms section of this Agreement, When the Contractor believes Substantial Completion has been achieved, it shall certify in writing to the Project Manager that the Project is Substantially Complete in accordance with the Contract Documents and request the Project Manager to inspect the Work and to issue a Certificate of Substantial Completion. Prior to making such a request the Contractor must: a) Complete all Work necessary for the safe, proper and complete use or operation of the Project as intended, including: all regulatory agency requirements are satisfied, including occupancy permits; operating certificates and similar releases; all operational testing has successfully occurred, all required training has successfully occurred; all close-out documents (such as as -built drawings, certifications, warranties, guaranties, test reports test logs, operational manuals, etc.) have been provided by Contractor and accepted by Owner. b) Prepare a Contractor -generated punch list (i.e., a list of all items required to render the Project complete, satisfactory, and acceptable, for submission with the request for inspection and issuance of a certificate of Substantial Completion), which shall include and list separately the estimated cost to complete each remaining unfinished item included on the list with an explanation as to the basis for those costs, substantiated by the Schedule of Values, subject to the Owner's final review and approval as stated below, c) Upon receipt of the request from the Contractor, the Project Manager, assisted by the Professional, if any, and other Owner personnel, as appropriate, shall review the request, the Work and the Contractor -generated Punch List to determine whether the Work is ready for Substantial Completion inspection_ If this review fails to support Substantial Completion inspection, the Project Manager shall so notify the Contractor citing the reasons for rejection. If the Project Manager and Professional (if any) determine the Work is ready for Substantial Completion inspection, the following procedures will be followed- 1. The Project Manager will, within a reasonable time, schedule, and conduct inspection(s) of the Work with the Professional (if any), other Owner 44 Construction Services Agreement: 12024_veOI 20.2 personnel as required, and the Contractor for the purpose of formally reviewing the status of completion of the Work, the readiness of the Project for use and the Contractor -generated Punch List. A copy of the Contractor - generated punch list will be provided to all participants and any additional items noted during the inspection will be added to the list, The Project Manager, the Professional, their representatives and other Owner representatives will review the Work and the Contractor -generated punch list to assure all deficiencies are noted on a final document (Exhibit F_3 PLrnch List Form), The Punch List must include all items required to render the Project complete, satisfactory and acceptable. If Project Manager and Contractor disagree on whether an item belongs on the Punch List, the Project Manager has the final say on whether the item is included or not. The Punch List shall be final+zed and issued to the Contractor by the Owner within the time frames indicated below. If upon completion of the inspection(s) the Owner does not consider the Project Substantially Complete, the Project Manager will notify the Contractor in writing giving reasons why the project is not Substantially Complete. 3_ If, upon completion of the inspection(s), the Owner considers the Project Substantially Complete, the Project Manager shall prepare a Certificate of Substantial Completion to establish the date for Substantial Completion as the date of the completed inspection(s). The Certificate of Substantial Completion shall be approved by the Owner upon the signature of both the Project Manager and the Professional and shall be issued to the Contractor. The Certificate shall fix the date of Substantial Completion. 4, Substantial Completion cannot occur until all conditions necessary for safe and proper use, occupancy, maintenance, and operations are in place. Time Frames for Issuance of the Punch List (a) The Owner shall issue the Punch List to the Contractor within the time frames described below, provided that the Contractor has completed its obligations in providing a proper contractor -generated Punch List prior to the Substantial Completion inspection. (b) For construction estimated to cost less than ten million dollars ($10,000,000.00), the Punch List must be finalized within thirty (30) Days after the Substantial Completion date. (c) For construction projects estimated to cost more than ten million dollars ($10,000,000.00), the Punch List must be finalized and issued within forty-five (45) Days after the Substantial Completion date, (d) For construction projects involving more than one building or structure or multiple phases, the Punch List must be prepared for each building, structure or phase within thirty (30) Days of the Substantial Completion date of a particular building, structure or phase if it is estimated t❑ cost less than ten 45 Construction Sefvices AgroeMent; 12024—ver.1] p�Cl million dollars ($10,000,000.00) or within forty-five (45) Days if it is estimated to cost more than ten million dollars ($10,000,000.00). (e) If the development of the Punch List takes the full amount of time designated (or a portion thereof) and includes a tentative punch -list based upon the above dollar amount thresholds, the delivery of the Punch List of items shall be delivered by the Owner no later than five (5) business days thereafter. Within twenty (20) business days after the delivery of the Punch List to the Contractor, the Owner must pay the Contractor the remaining contract balance owed, that includes all retainage previously withheld by Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the items on the Punch List. At the same time the Owner delivers the Punch List Contractor shall submit a payment application requesting that Owner pay the Contractor the remaining contract balance owed including all retainage previously held by Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the items on the Punch List. (f) The failure to include any corrective work or pending items not yet completed on the Punch List does not alter the responsibility of Contractor to complete all the construction services purchased pursuant to the Contract documents. {g) 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 Punch List. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.3 Completion of Punch List Work and Release of Remaining Contract Balance (a) Upon completion of the Punch List Work, the Contractor shall certify in writing to the Project Manager that all Punch List Work has been completed in accordance with the Contract Documents and request the Project Manager to inspect the Work and to approve Punch List completion. If, in the Project Manager's opinion, the Work is not ready for such inspection, the Project Manager will so inform the Contractor, giving reasons for such opinion. If the Project Manager is satisfied that an inspection is warranted, the Project Manager will, within a reasonable time, schedule and conduct inspection(s) of the facility with representatives of the Owner's user department, the Professional (if any), and the Contractor, for the purpose of formally reviewing the completion of Punch List Work. If the Project Manager and the Contractor disagree on whether an item remains incomplete, the Project Manager has the final say on whether the item is complete or not- (b) If, upon completion of the inspection(s) the Owner does not consider the Punch List Work complete, the Project Manager will notify the Contractor in writing giving specific reasons why the Punch List Work is not complete. (c) Upon completion of all items on the Punch List, the Contractor may submit a Payment Request for the remaining amount withheld by the Owner. If a good - faith dispute exists as to whether one or more items identified on the list have been completed pursuant to the Contract Documents, the Owner may continue 46 Jko Construction services Agreement: [2024 ver.1] to withhold an amount not to exceed one hundred and fifty percent (150%) of the total costs to complete such items. This remaining balance of retainage may be requested by the Contractor in its Application for Final Payment after Final Acceptance of the Work by Owner (Exhibit F-2 Certificate of Final Completion). (d) All items that require correction under the Contract Documents and that are identified after the preparation and delivery of the Punch List shall remain the obligation of the Contractor, (e) Warranty items may not affect the Final Payment of retainage pursuant to Section 218,735(7)(f), Florida Statutes- (f) if the Owner fails to comply with its responsibilities to assist in developing the Punch List within the time frame applicable to the Project (as described above), the Contractor may submit a request for all remaining retainage withheld by the Owner. The Owner need not pay or process any payment request for retainage if Contractor has, in whole or part, failed to cooperate with the Owner in development of the punch List or failed to perform its contractual responsibilities with regard to development of the Punch List, Additionally, the Owner does not have to pay or release any amounts that are the subject of a good -faith dispute, the subject of a claim brought pursuant to Section 255.05, Florida Statutes, or otherwise the subject of a claim or demand by the Owner or Contractor. 20A Final Completion (a) Upon written notice from the Contractor that the Project is complete, the Project Manager shall schedule a final inspection with the Contractor, the Design Professional, and any other personnel requested by the Project Manager. The Project Manager shall notify the Contractor in writing of any Work this inspection reveals to be defective, or otherwise not in accordance with the Contract Documents. The Contractor shall immediately take such action as may be necessary to remedy such defects and bring the project into full compliance with the Contract Documents and then request another inspection. (b) Final Completion of the Work shall be achieved by the Contractor when all the Work required under the Contract Documents has been satisfactorily completed, including all Punch List work, and specifically as noted in the Specifications section. (c) After the Project Manager has determined that all Work has been completed, the Project Manager will issue a Certificate of Final Completion Exhibit F-2 for the Work. 20,5 Application for Final Payment After the Certificate of Final Completion, Exhibit F-2 for the Work has been issued by the Project Manager, the Contractor may make Application for Final Payment following the procedure for progress payments. As an explicit condition precedent to the accrual of Contractor's right to Final Payment, Contractor shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well d7 Construction SeNICes Agreement; [2024ruer.11 .!It) 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, including but not limited to. (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, Exhibit G-1. (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. 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-1. 20.6 Approval of Final Payment (a) If, on the basis of the Project Manager's observations and review of Work during Construction, final inspection, and review of the Application for Final Payment (all as required by the Contract Documents), the Project Manager is satisfied that the Work has been completed and the Contractor has fulfilled all of its obligations under the Contract Documents, the Project Manager will, within ten (10) days after receipt of the Application for Final Payment, indicate in ~Waiting that the entire remaining balance is found to be due and payable to the Contractor and approve payment. Otherwise, the Project Manager will return the Application to the Contractor, indicating in writing the reason for refusing to approve for Final Payment, in which case the Contractor will make the necessary corrections and resubmit the Application. 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. (b) 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 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, (c) The Contractor's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or Final Payment, the issuance of a Certificate of Substantial Completion, any payment by the Owner to the Contractor under the Contract Documents, any use or occupancy of the Project or any part thereof by the Owner, the issuance of a Final Completion, any act of acceptance by the Owner, any failure to do so, nor any correction of defective Work by the Owner shall 4e ConstrUGtipn Services Agreement: [2024_Ver.1J( constitute an acceptance of Work not in accordance with the Contract Documents. 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 Worts 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 expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22 TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 1f the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 49 Construction SorvicesAgreement; I2024_ver 1] DAO 22A If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation, and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday, or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23, DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect, and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by (Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect, and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase ill the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect. and consequential 50. — consrructfon Services Agreements 12024_ver. �1A costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to Final Payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents, and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after Final Payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph, All direct, indirect, and consequential costs 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, 24A 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-3 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 Construction Services Agreement: 12024 ver.11 monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK, 25.1 Contractor shall fully protect the Work from loss ❑r 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 shalt 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 ❑esign Professional with respect to the Project. If Contractor, or its subcontractors, agents, or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26, EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 271 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations ❑f workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. (r, A DO 52 Conslruclim Services Agreement. [2024_ver.1] 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss V 28.1. 1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Worm and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28. 1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation, or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules, and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection, Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA TOE 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 he 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 53 Conslruc-lion services Agreement: t2024_ver.11 C/�Q 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees` clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent, 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5,5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5,E All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute, or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional, and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION, Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this and, vendors will be evaluated on their performance upon completion/termination of this Agreement, CaljstructVon Services Agreement: (2024_ver11 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and arect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division and is available on-line at colliergov.net/purchasing. The Contractor will he responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice to Proceed. 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. 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"), Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on farms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that tit 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 Conti -actor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 55 _A0 Construction Services Agreement' [2024_ver.9] 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying, or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (6) 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. FAQ Construction Services Agreement: (2024_ver,1 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. 316 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 16% 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 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: 34.11 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment PurchaselDelivery Logs 34.1.6 Contract Drawings and Specifications with Addenda 34.1 6 Warranties and Guarantees 34,1.7 Cost Accounting Records 34.1.8 tabor Costs 34.1.9 Material Costs 34.1,10 Equipment Costs 34.1.11 Cost Proposal Request CAC 57 Construction Services Agreement: t2024_ver.1] 34.1.12 Payment Request Records 34.1,13 Meeting Minutes 34.1.14 Cost -Estimates 34.1,15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bands 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34,1.36 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 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. 36. SECURITY. The Contractor is required to comply with County Ordinance 2644-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each 58 Construction SeNlces Agreement; l2024LLver.9] (;ArJ year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirks the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS collierceunt fl. ov) 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. Ali projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited ta: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38, ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations. specifically 110 & 30130A; FDEP chapter 62 regulations: specifically 761, 752, 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 (SHVVMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing 1 will be storing petroleum products or hazardous materials_ The contractor shall provide a 10 day and 48-hour notice to SHVVMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials 1 petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHVVMD 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, construction Services Agreement, [2024,ver 1]�5' f 40. DISPUTE RESOLUTION. A. Ali disputes arising under or relating to this Agreement shall be resolved in accordance with this Section, except for disputes related to payment matters and payment disputes upon submission of pay applications, which shall be addressed and resolved in accordance with Collier County Ordinance No. 2017-08, as amended, and governed by the time to commence and conclude payment dispute proceedings set forth in Section 218.76(2)(a), Fla. Stat. S, prior to the initiation ❑f 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. Staff. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Construction Services Agreement: [2024_uer. I] EXHIBIT I, SUPPLEMENTAL TERMS AND CONDITIONS Attached hereto, following this page Z Not Applicable Construction Services Agreement: 1202 ver.13(