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Agenda 08/13/2024 Item #16C 5 (Change Order #2 to decrease the contract price with Metro Equipment Services, Inc. for the Golden Gate City Transmission Water Main Improvements)08/13/2024 EXECUTIVE SUMMARY Recommendation to approve Change Order No. 2, to decrease the contract price in the net amount of $199,129.12 (Work Directive No. 1 decrease by $250,879.12, and Work Directive No. 2 increase by $51,750) to $13,784,850.58, under Construction Agreement No. 23-8115, with Metro Equipment Services, Inc., for the “Golden Gate City Transmission Water Main Improvements - Phase 1B” project and authorize the Chairman to sign the attached Change Order. (Project No. 70253, 70243 & 51029) OBJECTIVE: To approve Change Order No. 2 decreasing the contract price for the Golden Gate City Transmission Water Main Improvements - Phase 1B. CONSIDERATIONS: On August 8, 2023 (Agenda Item No. 11.B), the Board awarded Construction Agreement No. 23-8115 (the “Agreement”) to Metro Equipment Service, Inc. This project provides for the construction of a 30- inch transmission water main, 24-inch transmission water main, and 24-inch transmission force main traveling through Golden Gate City. Change Order No. 1 was processed and subsequently voided since an additional work directive needed to be included as part of the change order. Change Order No. 2 decreases the contract amount in the net amount of $199,129.12, which includes Work Directive No. 1 and Work Directive No. 2, as follows: 1. Work Directive No.1 - Directional drilling the transmission force main the entire length of 29th Place SW rather than open cutting the majority of the transmission force main. Installing the transmission force main via directional drill on 29th Place SW will decrease the overall contract price by $250,879.12. 2. Work Directive No.2 - Installing two additional plug valves at Santa Barbara Blvd and 29th Place SW to provide for operational flexibility and installing 50 feet of PVC transmission force main at the corner of 29th Place SW and 53rd Street SW to provide the connection point for a separate transmission force main project. This additional work increases the contract price by $51,750. County Staff recommends that the Board approve the attached Change Order No. 2, which reduces the contract amount as stated above. This item is consistent with the Infrastructure and Asset Management element of the Collier County Strategic Plan objectives. FISCAL IMPACT: Change Order No. 2 will decrease the contract price by $199,129.12 as described above. Funding is available in the 2021 Bond Fund (4019) in Project 70243. GROWTH MANAGEMENT IMPACT: There is no impact to the current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: Recommendation to approve Change Order No. 2, to decrease the contract price in the net amount of $199,129.12 (Work Directive No. 1 decrease by $250,879.12, and Work Directive No. 2 increase by $51,750) to $13,784,850.58, under Construction Agreement No. 23-8115, with Metro Equipment Services, Inc., for the “Golden Gate City Transmission Water Main Improvements - Phase 1B” project, and authorize the Chairman to sign the attached Change Order. Prepared By: Liz Gosselin, Project Manager II - Project Management, Public Utilities Engineering and Project 16.C.5 Packet Pg. 895 08/13/2024 Management Division ATTACHMENT(S) 1. Change Order #2 PO4500225907 Metro (CAO) (PDF) 2. [LINKED] 23-8115 Contract_MetroEquipmentService_FullyExec (PDF) 16.C.5 Packet Pg. 896 08/13/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doc ID: 29366 Item Summary: Recommendation to approve Change Order No. 2, to decrease the contract price in the net amount of $199,129.12 (Work Directive No. 1 decrease by $250,879.12, and Work Directive No. 2 increase by $51,750) to $13,784,850.58, under Construction Agreement No. 23-8115, with Metro Equipment Services, Inc., for the “Golden Gate City Transmission Water Main Improvements – Phase 1B” project, and authorize the Chairman to sign the attached Change Order. (Project No. 70253, 70243 & 51029) Meeting Date: 08/13/2024 Prepared by: Title: Project Manager II – Engineering and Project Management Name: Liz Gosselin 07/05/2024 1:55 PM Submitted by: Title: Director – Engineering and Project Management Name: Matthew McLean 07/05/2024 1:55 PM Approved By: Review: Engineering and Project Management Benjamin Bullert PUD Reviewer Completed 07/08/2024 7:53 AM Public Utilities Department Vincent Dominach Level 1 Department Review Completed 07/08/2024 8:08 AM Public Utilities Operations Support Katrina Lin PUD Reviewer Completed 07/09/2024 8:37 AM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 07/09/2024 10:35 AM Engineering and Project Management Matthew McLean PUD Reviewer Completed 07/11/2024 8:00 AM Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 07/11/2024 12:18 PM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 07/11/2024 3:47 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 07/16/2024 8:00 AM Procurement Services Sandra Srnka Procurement Director Review Completed 07/16/2024 3:17 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/16/2024 3:24 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/16/2024 3:26 PM Community & Human Services Maggie Lopez OMB Reviewer Completed 07/29/2024 11:33 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 07/30/2024 9:31 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/07/2024 8:20 AM Board of County Commissioners Geoffrey Willig Meeting Pending 08/13/2024 9:00 AM 16.C.5 Packet Pg. 897 16.C.5.a Packet Pg. 898 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 899 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 900 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 901 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 902 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 903 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 904 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 905 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 906 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 907 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 908 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 909 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 910 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 911 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 912 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 913 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 914 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 915 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 916 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 917 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 918 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 919 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 920 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 921 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 922 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 923 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 924 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 925 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 16.C.5.a Packet Pg. 926 Attachment: Change Order #2 PO4500225907 Metro (CAO) (29366 : Change Order No. 2 - GGC Transmission Water Main - Phase 1B - Metro) 1 1 g CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Metro Equipment Service, Inc. ("Contractor") of 9425 SW 72 Street, Suite 150, Miami, FL 33173, a Florida Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Golden Gate City Transmission Water Main Improvements-Phase 1B", Invitation to Bid No. 23-8115 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Johnson Engineering, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount") in accordance with the terms of this Agreement: Thirteen Million Nine Hundred Eighty-Three Thousand Nine Hundred Seventy- Nine Dollars and Seventy Cents ($13,983,979.70). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.frns.treas.gov/c570/c570.html#certified. Should the Contract Amount be less 1 Construction Services Agreement:[2022_ver.4] 1 1g .. than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents,the Contractor shall,within five(5)calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within five hundred and forty (540) calendar days from the Commencement Date herein "Contract Time"). The date of Substantial Completion of the Work(or designated portions thereof)is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within sixty (60) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Four Thousand Three Hundred and Sixty-Six Dollars ($4,366.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager(or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 Construction Services Agreement:[2022_ver.4] CAO 1 1 R or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation#23-8115"Golden Gate City Transmission Water Main Improvements-Phase 1 B". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Not Applicable Exhibit B-2: Performance Bond Forms n Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement:[2022_ver.41 r\:) 118 Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I:Supplemental Terms and Conditions ® Applicable Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23-8115 "Golden Gate City Transmission Water Main Improvements-Phase 1B". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. Exhibit J: Technical Specifications Exhibit K: Permits jExhibit L: Standard Details Exhibit M: Plans and Specifications prepared by: Johnson Engineering, Inc. Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Engineering and Project Management Division 3339 Tamiami Trail East, Suite 303 Naples, Florida 34112-5361 Attn: Liz Gosselin, Project Manager II Phone: (239) 252-1037 Email: Liz.Gosselincolliercountyfl.qov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Metro Equipment Service, Inc. 9425 SW 72 Street, Suite 153 Miami, FL 33173 Attn: Jorge L. Godoy, President Phone: (305) 740-3303 Email: Jfonte@mesinc.us C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement:[2022_ver.41 116 Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement:[2022_ver.4] CAO 118 Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank 6 Construction Services Agreement:[2022_ver.4] 118 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO ESS S:METRO EQUIPMENT SERVICE, INC. 22.44,6e,FIRST WITNESS Rosa- Madeline Z By: ZC int ame Print Na a d itle S O WITNESS lI J1/(f, gerrC.4.KO Date: Jv/C 2 2O Z3 Print Name T ATTEST: OWNER: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS Comptroller OF COLLIER COUNTY FLORIDA BY: BY: Attest as to Chairman's RICK LOCASTRO, Chairman L signature only Date: 94 Li —$3 Apploved as to Form nd Legality: County Attorney C• ail- R --k:dt-41 Print Name i Construction Services Agreement:[2022_ver.4] 4+ 0 11B _ : EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE FOLLOWING THIS PAGE) 8 Construction Services Agreement:[2022_ver.4] Cho 116 Bid Schedule ITB#23-8115 Golden Gate City Transmission Water Main Improvements-Phase 18 SECTION 1:GENERAL ITEM NO.DESCRIPTION EST.(WANT. UNIT UNIT PRICE EXTENDED PRICE 1 Mobilization/Demobilization 1 LS $ 691,000.00 $ 691,000.00 2 Maintenance of Traffic 1 LS $ 395,000.00 $ 395,000.00 3 Survey Layout&Record Drawings 1 LS $ 93,000.00 $93,000.00 4 Pre-Construction Video 1 LS $ 8,000.00 $ 8,000.00 5 Project Sign 1 LS $ 4,000.00 $ 4,000.00 SECTION 1 SUBTOTAL: $ 1,191,000.00 SECTION 2:WATER SYSTEM ITEM NO.DESCRIPTION EST.OUANT. UNIT UNIT PRICE EXTENDED PRICE 6 Water Main Pipelines(Via Open-Cut) a. 6-inch PVC DR18 30 LF $ 147.00 $ 4,410.00 b. 8-inch PVC DR18 767 LF $ 195.00 $ 149,565.00 c. 10-inch PVC DR18 1,073 LF $ 130.00 $ 139,490.00 d. 12-inch PVC DR18 85 LF $ 288.00 $24,480.00 e. 16-inch DIP(Pipe Material Purchased by COUNTY) 126 LF $ 194.00 $24,444.00 f. 24-inch DIP(Pipe Material Purchased by COUNTY) 8,015 LF $ 282.00 $ 2,260,230.00 g 30-inch DIP(Pipe Material Purchased by COUNTY) 6,737 LF $ 284.00 $ 1,913,308.00 7 Water Main Pipelines(Via Horizontal Directional Drill) a 24-inch HDPE DR11 (Pipe Material Purchased by COUNTY) i. Coronado#1(Entry to Exit=627 L.F) 1 LS $ 229,553.83 $ 229, 553.83 II. Sunshine#1(Entry to Exit=1,268 L F.)1 LS $ 457,744.76 $ 457,744 76 b. 30-inch HDPE DR11 (Pipe Material Purchased by COUNTY) [...... i. Santa Barbara#1(Entry to Exit=1,198 L.F.) 1 LS $ 607,951.85 $ 607,951.85 ii. Santa Barbara#2(Entry to Exit=1,276 L F.) 1 LS $ 645,703.85 $ 645,703.85 iii. Santa Barbara#3(Entry to Exit=1,250 L.F.) 1 LS $ 633,119.85 $ 633,119.85 iv. Santa Barbara#4(Entry to Exit=920 L.F.) 1 LS $ 470,838.56 $ 470,838.56 8 Connect to Existing Water Main a. 6-inch WM(Cut In Existing) 3 EA $ 10,000.00 $30,000.00 b 8-inch WM(Cut In Existing) 2 EA $ 11,000.00 $22,000.00 c 12-inch WM(Cut In Existing) 4 EA $ 11,500.00 $46,000.0C d 14-inch WM(Cut In Existing) 1 EA $ 7,000.00 $ 7,000.00 e. 16-inch WM(Cut In Existing) 1 EA $ 12,000.00 $12,000.00 f. 24-inch WM(Cut in Existing) 1 EA $ 18,000.00 $18,000.00 9 Deflect Existing Water Mains a. 6-inch WM 1 EA $ 2,500.00 $ 2,500.00 b. 8-inch WM 3 EA $ 3,400.00 $10,200.00 c. 10-inch WM 3 EA $ 6,900.00 $20,700.00 10 Air Release Valve 22 EA $ 12,000.00 $ 264,000.00 11 Fire Hydrant Assembly 11 EA $ 16,000.00 $ 176,000.00 12 Leak Detection Device 2 EA $ 4,500.00 $ 9,000.00 13 Gate Valve(Valves Purchased by COUNTY) a 6-inch Gate Valve 1 I EA $ 1,000.0C $ 1,000.00 b. 8-inch Gate Valve 6 EA $ 1,200.00 $ 7,200.00 c. 10-inch Gate Valve 12 EA $ 1,300,00 $15,600.00 d. 12-inch Gate Valve 4 EA $ 3,700.00 $14,800.00 e. 16-inch Gate Valve 2 EA $ 3,800.00 $ 7,600.00 f. 24-inch Gate Valve 13 EA $ 4,000.00 $52,000.00 g. 30-inch Gate Valve 10 EA $ 4,700.00 L$47,000.00 14 Bacteriological Sample Point a. Temporary 10 EA $ 100.00 $ 1,000.00 b. Permanent 17 EA $ 5,800.00 $98,600.00 15 Re-Connect"NEW"Water Service to Existing Meter Box a. Single Long Side 2"Water Service 2 EA $ 3,900.00 $ 7,800.00 b Single Short Side 1"Water Service 6 EA $ 1,900.00 $11,400.00 c. Double Long Side 2"Water Service 1 EA $ 7,800.00 $ 7,800.00 d Double Short Side 2"Water Service 2 EA $ 1.500.00 $ 3,000.00 SECTION 2 SUBTOTAL: $ 8,453,039.70 GOLDEN GATE CITY TRANSMISSION Bid Schedule 1 of 3 WATER MAIN IMPROVEMENTS"PHASE 1 B" GAO 118 SECTION 3:RESTORATION(WATER MAIN) ITEM NO.DESCRIPTION EST.QUANT. UNIT UNIT PRICE EXTENDED PRICE 16 General Restoration 16,800 LF $5.00 $84,000.00 17 Roadway Restoration a. Trench Restoration 924 SY $ 395.00 $ 364,980.00 b. Mill&Overlay(Local Roadways) 4,203 SY $ 20. 00 $84,060.00 c. Mill&Overlay(Collector Roadways) 3,257 SY $ 37. 00 $ 120,509.00 18 Remove and Replace Driveways a. Asphalt(Includes 2 Gravel Drives) 1,461 SY $ 167.00 $ 243,987.00 b. Brick 142 SY $ 157.00 $22,294.00 c. Concrete 2,666 SY $ 218.00 $ 581,188.00 d. Decorative Concrete 598 SY $ 277.00 $ 165,646.00 19 Remove Asphalt Walk&Replace with Concrete Walk 2,220 SY $ 90.00 $ 199,800.00 20 Remove&Replace Concrete Walk 903 SY $ 119.00 $ 107,457.00 21 Remove&Replace Brick Walk 94 SY $ 142.00 $13,348.00 22 Abandon and REMOVE Existing Water Main a. Existing 6"PVC Water Main 632 LF $7.00 $ 4,424.00 b. Existing 8"PVC Water Main 213 LF $8.00 $ 1,704.00 c. Existing 10"PVC Water Main 725 LF $9. 00 $ 6,525.00 d. Existing 12"PVC Water Main 18 LF $19.00 $ 342.00 e. Existing 14"AC Water Main 330 LF $ 98. 00 $32,340.00 f. Existing 16"PVC Water Main 17 LF $ 44. 00 $ 748.00 23 Abandon and GROUT Existing Water Main a. Existing 12"PVC Water Main 2,723 LF $18.00 $49,014.00 b. Existing 14"AC Water Main 133 LF $ 32.00 $ 4,256.00 c. Existing 16"PVC Water Main 161 LF $ 39. 00 $ 6,279.00 24 Abandon and REMOVE Existing Force Main a Existing 4"PVC Force Main 1,301 LF $6.00 $ 7,806.00 b, Existing 6"PVC Force Main 766 LF $7.00 $ 5,362.00 25 _Replace Existing Driveway Culverts 1,710 LF $ 32.00 $54,720.00 SECTION 3 SUBTOTAL: $ 2,160,789.00 SECTION 4,FORCE MAIN SYSTEM I ITEM NO.DESCRIPTION EST.QUANT. UNIT UNIT PRICE EXTENDED PRICE 26 Force Main Pipelines(Via Open-Cut) a 4-inch PVC DR18 1,292 LF $ 96. 00 $ 124,032.00 b 6-inch PVC DR18 760 LF $ 108.00 $82,080.00 c. 20-inch PVC DR18 948 LF $ 395.00 $ 374,460.00 27 Force Main Pipelines(Via Horizontal Directional Drill) a 24-inch HDPE DR11 625 I LF I$ 420.00 I$ 262,500.00 28 Plug Valves a. 4"Plug Valve 2 EA $ 1,600.00 $ 3,200.00 b. 6"Plug Valve 2 EA $ 3,000.00 $ 6,000.00 c. 20"Plug Valve 4 EA $ 16,000.09 $64,000.00 29 Air Release Valve 5 EA $ 17,000.00 $85,000.00 30 Connect to Existing Force Main a. 4-inch FM(Cut In Existing) 1 EA $ 10,000.00 $10,000.00 b. 6-inch FM(Cut In Existing) 2 , EA , $ 10,500.00 $21,000.00 c. 20-inch FM(Cut In Existing) 1 EA $ 27,000.00 $27,000.00 31 Deflect Existing 14"Force Main 1 EA $ 16,900.00 $16,900.00 SECTION 4 SUBTOTAL: $ 1,076,172.00 SECTION b:RESTORATION(FORCE MAIN) ITEM NO.DESCRIPTION EST.QUANT. UNIT UNIT PRICE EXTENDED PRICE 32 General Restoration 1,020 LF $4.00 $ 4,080.00 33 Remove and Replace Driveways a. Asphalt 180 SY $ 167.00 $30,060.00 b. Concrete 304 SY $ 218.00 $66,272.00 34 Replace Existing Driveway Culverts 180 LF $ 32.00 $ 5,760.00 SECTION 5 SUBTOTAL: $ 106,172.00 GOLDEN GATE CITY TRANSMISSION Bid Schedule 2 of 3 WATER MAIN IMPROVEMENTS"PHASE 1 B" C:A O 118 SECTION 6:DRAINAGE ITEM NO.DESCRIPTION EST.OUANT. UNIT UNIT PRICE EXTENDED PRICE 35 Remove&Replace Drainage Pipes a. 18"X12"ERCP 175 LF $ 43.00 $ 7,525.00 b. 18"RCP 255 LF $ 46.00 $11,730.00 c. 24"RCP 694 LF $ 114.00 $79,116.00 d. 30"RCP 53 LF $ 139.00 $ 7,367.00 e. 42"RCP 53 LF $ 374.00 $19,822.00 f. 54"RCP 59 LF $ 588.00 $34,692.00 36 Remove&Replace Drainage Structures a. Type C Catch Basin(<10 feet) 9 EA $ 5,200.00 $46,800.00 b. Type E Catch Basin(<10 feet) 11 EA $ 6,900.00 $75,900.00 c. Mitered End Section(18"x12") 7 EA $ 2,500.00 $17,500.00 d. Mitered End Section(54") 1 EA $ 5.870.00 $ 5,870.00 SECTION 6 SUBTOTAL: $ 306,322.00 SECTION 7:RESTORATION(DRAINAGE) ITEM NO.DESCRIPTION EST.OUANT. UNIT UNIT PRICE EXTENDED PRICE 37 General Restoration 1,289 LF $3.00 $ 3,867.00 38 Roadway Restoration a. Trench Restoration 200 SY $ 202 00 $40.400.00 b. Mill&Overlay(Local Roadways) 992 SY $ 20.00 $19,840.00 39 Remove and Replace Driveways a. Concrete 121 SY I$ 218.00 $26,378.00 SECTION 7 SUBTOTAL: $90,485.00 SECTION 8:ALLOWANCE ITEM NO,DESCRIPTION EST.QUANT. UNIT UNIT PRICE EXTENDED PRICE 40 General Allowance 1 T&M $ 300, 000.00 $ 300,000.00 41 Storm Drainage Allowance 1 T&M $ 300,000.00 $ 300,000.00 SECTION 8 SUBTOTAL: $ 600,000.00 SUMMARY SECTION 1:GENERAL $ 1,191,000.00 SECTION 2:WATER SYSTEM $ 8,453,039.70 SECTION 3:RESTORATION(WATER MAIN) $ 2,160,789.00 SECTION 4:FORCE MAIN SYSTEM $ 1,076,172.00 SECTION 5:RESTORATION(FORCE MAIN) $ 106, 172.00 SECTION 6:DRAINAGE $ 306,322.00 SECTION 7:RESTORATION(DRAINAGE) $90,485.00 SECTION 8:ALLOWANCE $ 600,000.00 TOTAL BASE BID: $ 13,983,979.70 See Technical Specifications Section 01026 Measurement and Payment for Bid Item Descriptions. Owner 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 the Owner's Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. The Contractor shall be required to pick up materials purchased by the County and deliver it to the site. Ductile Iron pipe and valves are located at the Collier County Operations Center,4781 Green Boulevard,Naples,Florida. HDPE pipe is located at the Raw Water Booster Station,841 7th Street SW,Naples,Florida AL-TERNATE IQ MAIN ALIGNMENT EST. ITEM NO. DESCRIPTION OUANT UNIT I UNIT PRIG„,,.. EN_ DED PRICE A-1 IQ Water MainPiipeli`in -{)Ci-a Open-Cut) a. 24-inch PVC DRIB 902 494.00 $ 445, 588,00 A-2 IQ Water Main Pipelines(Via Horizontalbtrectipnal Drill) s' a. 30-inch HDPE DR11 623 LF $ 830.C10 $ 517, 090.00 A-3 Gate Valves a. 24"Gate Valve EA $ 26,000.00 $ 104,000.00 A-4 Air Release Valve 2 6,500.00 $13,000.00 ALTERNATE SUBTOTAL: $ 1,079,678.00 I TOTAL BASE BID PLUS ALTERNATE: $ GOLDEN GATE CITY TRANSMISSION Bid Schedule 3 of 3 WATER MAIN IMPROVEMENTS"PHASE 1 B" CAO 118 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM FOLLOWING THIS PAGE) 9 Construction Services Agreement:[2022_ver.41 1 1 g FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Golden Gate City Transnimion Water Main Improvements-Phase 13 BID NO.23-8115 Full Narne of Bidder Metro Equipment Service, Inc. Man BusnessAddresc9425 SW72 Street, Suite 150 Miami, FL 33173 Race of Busi fleas 9425 SW 72 Street, Suite 150 Miami, FL 33173 Telephone No. 305 740 3303 Fax No.305 740-3305 State Contractor's L i cense#CGC 1507342 State of Florida Certificate of Authority Document Number Federa Tax Identification Number 65-0010248 DUNS# 602185423 CCR# Cage Code 1MEK9 To: BOARD OF COUNTY COMMISSIONERS OF COLL I ER COUNTY FLORIDA hers nafter cal l ed the Owner) The undersigned,as Bidder del ares that the only person or parties i nterested i n this Bid as pri nci pal s 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 axepted, Bidder will execute the Agreement included in the Bidding Documents,to provide al I ney machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract,and to do all other thi ngs required of the Contractor by the Contract Documents,and that it will take full payment the sums set forth in the f of I owi ng Bid Schedule: Unit pricasshall be provided in no more than two decimal points,and in the case where further decimal points areinadvertently provided,rounding totwodecimal pointswill be conducted by Procurement Services Division Neff. 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 deli ver the Surety Bond or Bonds and Insurance Certificates as requi red by the Contract Documents The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not exec'ited and delivered to Owner within the time above set forth,as liquidated damages, for the delay and additional expense to the Owner,it being recognized that, since time is of the essence,Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Ceti f i cates and Bonds within the required time period. In the event of such fat I ure, the total mount of Owner's damages,will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and far 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 heainder. The Successful Bidder hereby expressly waves and relinquishes any right which it may have to seek to characterize the Construction Solicitation Doc rev 04152022 C-', 11B above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fa Is to execute and deliver the Agreement, Insurance Cali fi cotes,and Bonds i n a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work at the site wi thi n five(5)calendar day s f rom the commencement date stipulated i n the written N oti ce to Proceed unless the Project Manager, in writing,subsequently notifies the Contractor of a modified(later)commencement date.The undersigned further agrees to substantially complete all work covered by this Bid within Five Hundred and Forty 540)consecutive calendar days, computed by excluding the commencement date aid i nd udi ng the last day of such period,and to be f ul I y completed to the point of f i na acceptance by the Owner within Sixty(60)consecr dive calendar days after Substantial Completion, computed by excluding commencement date aid including the last day of such period. Aooeptance and acknowledged by an Authorize Agent 1 1' Signature: Title:Preside Date:5/ 3/20 Construction Solicitation Doc rev 04152022 CIO i1g FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Golden Gate City Transmission Water M ain i mprovements-Phase 1 B Bid No.23-8115 Nano Personnel Category Carlos Millet Construction Superintendent Daniel Gonzalez Project Manager Construction Solicitation Doc rev 04152022 CAO 118 FORM 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers aid materials outlined in this Bid sped f i cati ons,including compliance with Florida Statute 255.20 to provide lumber,timber and other forest products produced aid manufactured i n the State of Florida as long as the price,fitness and quality are equal. Exceptions(when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shall furnish the manufacturer named in the i fi cati on.Acceptance of thi s form does not constitute acceptance of material proposed on this list. Complete and agn section A OR B. Section (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Metro uipment Se 'ce, Inc Signature: Date: 5/3/2023 Section B(Exception r ed t Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. company: Metro quipment Servic Inc. 9gnature: Date 5/3/2023 Construction Solicitation Doc rev 04152022 CAO 118 FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner, (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical N/A 2. Mechanical N/A 3. Plumbing N/A 4. Site Work Self Perform(Metro Equipment Service) 5. Identify other subcontractors Centerline Directional Drilling Service,Inc. that represent more than 10% of price or that affect the critical path of the schedule Company: Metro quipment S rvice, c. Signature: ti f Date: 5/3/2023 Construction Solicitation Doc rev 04152022 CAO 11g FORM 5-STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. SEE SUPPLEMENTAL QUALIFICATION REQUIREMENTS — (The Supplemental Qualifications takes precedence,should there be conflicting language with this form.) 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. FGUA Transmission Main City of Cape Coral project name) project owner) City of Cape Coral 1015 Cultural Park Blvd.Cape Coral,FL 33990 project location)ln:ter.aan of t S,o00 LP of 2s4'DIP redaimad water main. (Owner's address) mein vie n of.Inet of 3o HOPE ppe reclaimed of fibermeinviaHOD.lobs lion of 22 000 I.l:of 2"HOPE of fiber oPeo conduit.Ring rep aan of Eetrada Pump Statlon hNudlnp 6 pump end piping above ground project description) Owner's contact person) title) 08/ 2019 $8,968,517.00 239-390-1467 brettmessner@tetratech.com project start/completion dates) (contract value) (phone)email) 2 Innovation Place Project(AKA Storey Park Utilities Orange County, FL project name) project owner) Orange County 400 E. South St.Orlando, FL 32801 project location)Installation of 4,230 LF of 30"DIP (Owner's address) water main.Installation of 320 LF of 54"steel jack and bore and 320 Lf James Montalvo Project Managerof36"steel lack and bore project description) Owner's contact person) title) 07/2017 $3;595,278.00 407-254-9793 james.montalvo@octl.net project start/completion dates) (contract value) (phone)email) 3. Grassy Key Transmission Main Replacement FKAA project name) project owner) Florida Keys 100 Kennedy Drive Key West, FL 32801 tk„rojact location)Replacing apa 3f; matety 10,400 FT loing of a (Owner's address) 30"ductile iron transmission main with a 30"welded steel transmission main from approximately mile marker 58 to mile marker 60 alongside the overseas highway US-i replacing two pressure reducinglmetenng vaults S installing Keith Mcmahon Project Manager 2 8"HOPE directional ddlted nluel nes crossi0a Oversee hutghway project description) Owner's contact person) title) 06/2021 $8,288'357.00 305-731-1180 kmcmahon@fkaa.com project start/completion dates) (contract value) (phone)email) Construction Solicitation Doc rev 04152022 CAO 1 1 B FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4 Pine Island Road Water Transmission Main Improvements NW 44 Street Pine Island Road City of Sunrise project name)project owner) City of Sunrise 10770 W. Oakland Park Blvd. Sunrise, FL 33351 D.roiectyilocanion)Installation of 2,100 LF of 30"DIP water main (Owner's address) a9 Installation of 1,800 LF of 30"DIP WM along NW 44 St.Installabon of 360 LF of 24"DIP FM,Installation of 200 LF of 30"DIP WM.Aerial Tossing over Canal C-13 Installation of lops LF of 243"DIP FM Luisa Fernandez Project Manager crossing over canal C-t 3.inslallatw m two 30"line stops on existing 30"WM. 1 g project description) Owner's contact person) title) 09/2019 $$16,146,343.00 954-888-6071 larbelaez@sunrisefl.gov project completion date) (contract value) (phone)email) 5 S.R.207 Transmission Water Main Phase 2 and 3 St.Johns County project name)project owner) St.Johns County 500 San Sebastian VW St.Augustine,FL 32084 project location)Installation of 9,441 LF of 24"PVC potable (Owner's address) water main by open cut. Installation of 4,000 LF of 30"HOPE water main by open cut.Installation of 110 LF of 42"steel Jack& Bore. Work performed within environmentally sensitive Christopher Cannon Project Manager wetlands. project description) Owner's contact person) title) 06/2022 $2,301,601.00 904-209-2608 ccannan@sjcfl.us project completion date) (contract value) (phone)email) Company: Metr quipmen Servic , Inc. Signature: _... ......... _sr_.._......_ Dater 5/3/2023 Construction Solicitation Doc rev 04152022 CAO 118 FORM 6-TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90-96,Laws of Florida)effective October 1, 1990.The Bidder further identifies the cost to be sununarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure Quantity) Cost Description) LF,SY) 1, Box/Slope LS 1 38,000.00 38,000.00 2. 3. 4. 5. TOTAL$$38,000.00 Com an Metro quipment Service, c. Signature: Date: 5/3/2023 Construction Solicitation Doc rev 04152022 CAO 118 FORM 8-INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project,if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant,Subcontractors,agents and employees of each and all of them,all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate,require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work 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 minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(shall he maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County,in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage( required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(and charge the Vendor for such coverage(s)purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance,nor shall it be responsible for the coverage(s.)purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(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 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 certificate(s)shall be considered justification for the County to terminate any and all contracts. CAO 116 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits I. I1 Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers'Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https://apps.tldfs.com-bocexempt/ 2. Z1 Employer's Liability $_1,000,000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $_2,000, 000 single limit per occurrence, $3,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ®Automobile Liability $_1,000,000 Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired;Automobile Included 6. Other insurance as Watercraft 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 D Maritime Coverage (Jones 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 if applicable to the completion of the Services under this Agreement. Per Occurrence Pollution 1,000,000 Per Occurrence Professional Liability $ Per claim&in the aggregate Umbrella/Excess Policy 3,000, 000 Per Occurrence Valuable Papers Insurance Per Occurrence Cyber Liability Per Occurrence Technology Errors&Omissions $.... Per Occurrence CAO 118 7. 1,40. Bid bond Shall be submitted with proposal response in the form of certified:funds, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ®Performance and For projects in excess of$200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award,and written for 100°'0 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 meeting the required insurance provisions. 10. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East,Naples,FL 34112 13. ® Thirty(30)Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG—3/ 8/23 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. CAO 118 Co Ter County Procurement Services Division FORM 9—CONFLJCT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not po an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and techni cal direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposes/past performance of itself or a competitor,which calls into question the contractor s abi l i ty to render i mparti el advi ce to the government. Unequal access to information —The firm has not had access to nonpublic information as pal of its performance of a Collier County project identified above which may have provided the contractor (or an aff i l i ate)with an unf ai r competitive advantage in current or f uture sol i ci tati ons and contracts. I n addition to thi s signed affidavit,the contractor/vendor must provide the fol I owi ng: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project;and, 2. Indicate if the information produced was obta nod as a matter of public record(in the"sunsthi ne')or through non- public(not in the°ainshine")conversation(s),meeting(s),document(s)and/or other means Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result i n the di squal if i cati on for f uture l i d tati ons affiliated with the above referenced proj ect(s). By the signature below, the firm(employees, officers and/or agents)certifies, and hereby die loses,that,to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conf I i ct. Metro E ipment Service,Inc. Pany Name 4/7 Signature J L. .todoylPresident Print Name and Title state of Florida County of Miami-Dade The foregoing instrument was acknowledged before me by means of 6d physical presence or D online notarization, this 3rd day of May month). 2023 _(year),by Jorge L.God none of person ackn r ROSA µppTINE t' J.1 Notary Public-State of494Florida Signature of Notary Ribl i c-State of Florida) Gammisslon k NH 26gA 02hMComm.Expires Sep Bonded through National Notary Assn. Phnt,Type,or Stamp Commissioned Name of Notay Public) Personally mown OR Produced Identification Type of Identification Produced CAO 118 Co Jer County Procurement Services Division FORM 10—VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this sins i n every respect far and made in good faith,without col 1 us on or fraud. The Vendor hereby deda-es the instructions, purchase order terms and conditions,requirements, and specifications/scopeof work of this solicitation have been fully examined and acted. The Vendor agreed if this soI id tati on submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the soli dtation pertains. The Vendor states that the submitted is based upon the documents I i sited by the above referenced Solid tati on. Further,the vendor agrees that if awarded a contract for the goods and/or services,thevendor will not be eligible to compete,submit a proposal,be awarded,or perform asasub- vendor for any future associated with work that isa result of this awarded contract. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 3rd day of May 2023 in the County of Miami-Dade in the State of Florida Firm'sLegal Metro Equipment Service, Inc. Name: Addre 9425 SW 72 Street, Suite 150 City,State,Zip Miami, FL 33173 Code: Florida 2740836 Certificate of Authority Document Number Federal Tax 65-0010248 Identification Number 1MEK9 CCR#or CAGE Code Only if Grant Funded Telephone:305-740-3303 Email: ifont mesinc.us Signature by: 2 Typed and written) Title: eslent CAO 118 Additional Contact Information Send payments to: required if different Company name used as payeefromabove) Contact name: Title: Address: City,State,ZIP Telephone: Emai l: Office servicing Collier County to place orders required if different from above) Contact name: Title: Address. City,State,ZIP Telephone: Emai I: Secondary Contact for this Solicitation: Emai I: Phone: CAO 11e Cv yer C>aunty Procurement Services Derision FORM 11-IMMIGRATION_AFFIDAVIT CERTIFICATION This Affidavit is required and should be sgned, notarized by an authorized principal of the firm and submitted withformalsolicitationsubmittals. Further, Vendors are required to be enrolled in the E-Verify program, and provideacceptableevidenceoftheirenrollment, at the time of the submission of the Vendor's bid. Acceptable evidenceconsstsofacopyoftheproperlycompletedE-Verify Company Profile page or a copy of the full y executed E-VerifyMemorandumofUnderstandingforthecompanywhichwiIlbeproducedatthetimeofthesubmissionoftheVendor'sbidorwithinfive(5)day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'SPROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not i ntenti ona l y award County contracts to any Vendor who knowingly employs unauthorizedalienworkers,constituting a violation of the employment provison contained in 8 U.S.C. Section 1324 a(e)Section274A(e)of the Immigration and Nationality Act("INA"). Collier County may cons der the employment by any Vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisonscontaned in Section 274A(e)of the INAshallbegroundsforunilateralterminationofthecontractbyCollierCounty. Vendor attests that they are fully compliant with ail pl i cabl e i mmi grab on laws(speci fi cal I y to the 1986 ImmigrationActandsubsequentAmendment(s)) that it is aware of and in compliance with the requirements set forth in FloridaStatutes§448.095,and agrees to comply with the provi s ons of the Memorandum of Understanding with E-Verify andtoprovideproofofenrollmentinTheEmploymentEligibilityVerificationSystem (E-Verify), operated by theDepartmentofHomelandSecurityinpartnershipwiththeSocialSecurityAdministrationatthetimeofsubmissionoftheVendor's proposal/bi d. Metro E ipment Service,Inc. Co any Name Signature Jorg .Go ylPresident State of Florida Print Name and Title County of Miami-Dade The foregoing instrument was acknowledged before me by means of®physical presence or D online notarization,this 3rd day of May month), 2023 (yam) by Jorge L.Godoyofpersonacknowledging). name e0461,— Signature of Not Public-ay ate of Florida) Print,Type,or Stamp Commissioned Name of Notary Public)Personaly Known OR Produced Identification lyp, ROSA MARTINEZ Type of Identification A oduoed Notary Public-State of Florida Commission N NH 268494 y Comm.Expires Sep 9,2026 Bonded through National Notary Assn. CAO 118 FORM 12-BIDDERS CHECKLIST j IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in theBiddingDocuments. Please read carefully,sign in the spaces indicated and return with your Bid. FAILURETOPROVIDEDTHEBIDDOCUMENTSMAYBEGROUNDSTODEEMYOUNON-RESPONSIVE/NON-RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings,descriptive literature,etc.have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync:a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form(Form 1) b. Contractors Key Personnel(Form 2) c. Material Manufacturers(Form 3) d. List of Major Subcontractors(Form 4) e. Statement of Experience(Form 5) f Trench Safety Act(Form 6) g. Bid Bond Form(Form 7) h. Insurance and Bonding Requirements(Form 8) 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 yoursubmittal. I. Signed Grant Provisions and Assurances package in its entirety,if applicable,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 I-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) ie:General Contractors license,Underground Utility and Excavation,Builders, Trade Contractors,etc.,as applicable,requested and/or required.) e. Vendor W-9 Form 10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has beensubmitted. 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,otherwisetheBidcannotbeconsidered. CAO 118 thle sc /,A*,,METRO41, METRO EQUIPMENT SERVICE, INC. Collier County Golden Gate City Transmission Water Main Improvements— Phase IB Addendums CAO 118 v; ,,.METRO METRO EQUIPMENT SERVICE, INC. Collier County Golden Gate City Transmission Water Main Improvements— Phase 1B Addendums CA 110 Arm Go 1er County Email: matthew.catoe@colliercountyfl.gov Telephone: (239) 252-6098 Procurement Services Division Addendum#3 Date: April 28,2023 From: Matthew Catoe,Procurement Strategist To: Interested Bidders Subject:Addendum#3 Solicitation#23-8115 Golden Gate City Transmission Water Main Improvements-Phase 1 B The following clarifications are issued as an addendum: Change 1. Solicitation question and answers are shown below. If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above refer ced solicitation. t 4128/2023 Si„ tur (Date M ro quipment Service, Inc. m of Firm) CAO 116 O % County Email: matthew.catoe@colliercountyfl.govyTelephone: (239)252-6098 Procurement Services Division Addendum#2 Date: March 30,2023 From: Matthew Catoe,Procurement Strategist To: Interested Bidders Subject:Addendum #2 Solicitation#23-8115 Golden Gate City Transmission Water Main Improvements -Phase 1B The following clarifications are issued as an addendum: Change 1. The bid due date and Q&A deadline have been extended as follows: Bid Opening Date/Time: April 18,2023 at 3:00 PM—May 3,2023 at 3:00 PM Questions and Answers Date/Time: April 10,2023 at 5:00 PM—April 25,2023 at 5:00 PM If you require additional information,please post a question on our Bid Sync (www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return copy of this Addendum with your submittal for the above referen d solicitatio . 4 3/30/2023 Sign e)Date Metr q pment Service, Inc. Na of Firm) CAO 11B Coiar County Email:matthew.catoe@colliercountyfl.gov Telephone: (239)252-6098 Procurement Services Division Addendum#1 Date: March 21,2023 From: Matthew Catoe,Procurement Strategist To: Interested Bidders Subject:Addendum#1 Solicitation#23-8115 Golden Gate City Transmission Water Main Improvements-Phase 1 B The following clarifications are issued as an addendum: Change 1: Copy of Engineer of Record Estimate is attached per question 1. If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return copy of this Addendum with your submittal for the above refer ed17 solicitati n. 1 6/ 3/21/2023 Sig ure Date M o quipment Service, Inc. N e of Firm) CAO suxv kiiAS.,METRO METRO EQUIPMENT SERVICE, INC. Collier County Golden Gate City Transmission Water Main Improvements— Phase 1B E-Verify CAO 118 E-Verily ef,, Company ID Number: 1745958 To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signaturepage. If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer METRO EQUIPMENT SERVICE INC. Name(Please Type or Print) Title Miozoti Serrano Signature Date Electronically Signed October 07, 2021 Department of Homeland Security-Verification Division Name(Please Type or Print) Title Verification Division Signature Date Electronically Signed October 07, 2021 Page 10 of 13 i E-Verify MOU for Employer i Revision Date 06/01/13 CAO 118 114 ri aMETRO METRO EQUIPMENT SERVICE, INC. Collier County Golden Gate City Transmission Water Main Improvements— Phase 1B Certificate of Status CAi 118 State of Florida Department of State I certify from the records of this office that METRO EQUIPMENT SERVICE, INC. is a corporation organized under the laws of the State of Florida, filed on May 28, 1987. The document number of this corporation is M52968. I further certify that said corporation has paid all fees due this office through December 31, 2022, that its most recent annual report/uniform business report was filed on April 28, 2022, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-eighth day of April, 2022 i4f V.,2"1 1144101f144"‘ ry Secretary of State Tracking Number:7317421935CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbir.org/Filings/CertificateofStatus/CertificateAuthentication CAO 118 METRO METRO EQUIPMENT SERVICE, INC. Collier County Golden Gate City Transmission Water Main Improvements— Phase 1B Licensing CAO 1 1 B 4 L. 0 0 Zpli w Q E- W - LU4.0 ad ,cicQm G W 1" Z t7 u Q o a Z` V) U N u c it! V! W Q Q CD tij CsiN w u fl ZLitau CID W "' M u I — 44 cc 4r ; o w c oin C s a o G Z u x sco 14 Lei. Z I. VI 0 O w Z m c a°, Q LLI swat 06 a. ^ Q • tn o ett• Z C I.. V! Z c` Q 0aCAX WZ L Z Z - V W N Kt Q o OWO c U N v 0 t IR .1. ifa'—‘ t ...,,,. in U. D ° 0 0 oe 0 in 3 caI'm p w 0 tY u a W 0 1 Q Z N 0 a. a la w CI i 4 hd" i,, F t ; 4# , q.e1a F I. 4 M1= ..tAA- ICI' i l. CAO 116 11 ift, ,,.. ) 1 n Z Cn, 2 V i OC < w w n) vi J O Z E- 2 a z V" Q 2 0 Z W N o F C « C Z tY a LLi CO vi ate, 0 LI. Lad V ° W U ' f- ....." J: 5 c- 4 2 O 0Ce zu- W U (C tea W O HW vD >- 0) vfginI-- Q E 0 " W Ct h W u u O O 14.1 L to !—UJ c 0 cQDceFes- a >m Q u, a V < p' x-t Z av'i I ,-.H Z U p w . Q p c o Z v) p u- CX tea c — o .- D O C., Wx `• V , ce , o ro V V sow0 O W m v7 '4'' •. H 2 > Q W Ce uw a o o c o LU H ii tesi.1. . 1717;1 -:1 *':;:ii.:49 2 .',.111;!..t.a I 1 ce 1 C A0 116 0') imiC:) Z 0 Mite o c E 22 u w a 0 = W i J O, CO Z D o c) 1- EI' V ° 0 Z w cn r uicNio6E LL Q Z N O u Z cu w Q W W w ce i W u n per)c L.L. O t! i W `-r u „ VV) -n C 0 J `nttilifi, , w c U o CQd ' Z hill cn }-- Ow V D a oZ LIJ w2 m I- WZ F- Q Z CCN 2 Z z Q' L a Z w ct` Q W a c G) O 1 to — Z h- ti LLce Z = 8ZOI— V c 3 1 Ca X ' C1 c J 0 s w Z w 0 IA C LUcuZ0wttz w u I— U 1- o CC CO Q0tin C LU 1- re 4gi w l4 CAO 11Et 003522 Local Business Tax Receipt Miami-Dade County, State of FloridaLBTTHISISNOTABILL-DO NOT PAY 2612977 MESS NAMENOCATION MT NO. EXPIRES METRO)EQUIPMENT SERVICE INC RENEWAL SEPTEMBER 30,2023 9425 SW 72NO ST STE 150 2740836 Must be displayed at place of business MIAMI FL 33173-3290 Pursuant to County Code Chapter BA-Art 9&10 owItet SEC TYPE Of BUSINESS PAYMENT IIICFtMEO METRO EQUIPMENT SERVICE INC 196 SPECIALTY ENGINEERING CONTRACT ayTOF0oacTO6 CfO JORGE L CONY PRES CUC054912 75.00 07/18/2022 Wotker(s) 2 INT-22-367343 Tbls Local Business Tax Receipt only teatime payment of the Local Business Tex.The Receipt is not a license, permit,or a certification of the bolder s quaGticatioe s.to do business.Holder must comply with any governmental or eargovernneatad regulatory taws and rename arts which apply to the business. The RECEIPT NO above mum be displayed on all commercial vehicles-Miami-Dade Coda Sec to-t7S. For more information,visit viyouthimigiduissAtiltddlICNI CAO 118 037637 Local usiness Tax eceiptLBTMiami-Dade County, State of Florida THIS IS NOT A BILL-DO NOT PAY 7293153 MINUS IMAI IASCAUOra NECEIPT NO. EXPIRES METRO EQUIPMENT SERVICE INC RENEWAL, SEPTEMBER 30,20239425SW72NDSTSTE1507582570Mustbedisplayedatplaceofbusiness MIAMI FL 33173-3290 Pursuant to County Code Chapter 8A--Art 9&10 OW11191 SEC OF BUSINESS METRO EQUIPMENT SERVICE INC 196 GENERAL BUILDING CONTRACTOR MiliNt iff4WED 0 JORGE FONTE QUALIFIER CGC1507342 BY TAX COMM i75.00 07/18/2022 Worker(s) i INT-22-367334 This Local Busiesa Tax Receipt only cosflma paymento the Local Business Tag TM Receipt b not a Iicaase. permit ora c.itific.tion at the betder"s ualificatiees.to de business.Holder must comply with any goraremental or noepeverrensursl regulator(laws and agoirameab which apply to the business. Tbs RECEIPT NO.above must be displayed on all commercial vehicles-Miami-Dads Cods Sec is-276. For more Womrstion,visit CAO i 1 B O37G 8 Local Business Tax Receipt Miami-Dade County, State of Florida THIS IS NOT A BILL-00 NOT PAY 7293153 BUSINESS ousamocanou RECEIPT NO, EXPIRESMETROEQUIPMENTSERVICEINCRENEWALSEPTEMBER30,20239425SW72NDSTSTE1507582572 Must be displayed at place of businessMIAMIFL33173-3290 Pursuant to County Code Chapter 8A-Art.9 fir 10 OWNS SEC,TYPE OF REI EMS METRO EQUIPMENT SERVICE INC 196 PLUMBING CONTRACTOR MEW RECEIVED C/O JORGE FONTE QUALIFIER CFC1427890 BEM COIl ERS 75.00 07/18/2022 Worker(s) 1 INT-22-367334 This Local Business Tax Receipt only confines paysaest of the Local Rosiness Tax.The Receipt is net a Oconee, permit or a certification at the holders qualificatioae,to do business.Holder must comply with aay governments!or nongovernmental regulatory laws and requiteatests which rypfy to the business. The RECEIPT NO,above must be displayed on all commercial vehicles-Mlemi-Dade Cede Sec fie-776. for more information.visit b h1autisMidildtat yilga{,p CAO 116 i C.gflihllCllOQ BDltd I, . ,.SINEW CERTIFICATE OF COMPETENCY; a , E2O1 t 1 ETRO EQUIPS NC BA.: jib G•••Y L aoMu.au a,. a 1OciM mMD.d. QUALIFYING TRADE(S) 000T PAVING ENGINEERING i I Mies 0.Oran P4 (. 44-1.....,,M Mry.tN Mrr CAO i1g Ar METRO METRO EQUIPMENT SERVICE, INC. Collier County Golden Gate City Transmission Water Main Improvements— Phase 113 W-9 i1e Request for Taxpayer Give Form to the Form Rev.October 201e) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Mama/Revenue Service Go to www.irs.gov1FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not Peeve this line blank. Metro Equipment Service,Inc. 2 Business name/disregarded entity name,if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on fine 1.Check only one of the 4 Exemptions(codes apply only to on following seven boxes.certain entities.not individuals:see instructions on page 3): o IndividuaVsole proprietor or ID C Corporation 0 s Corporation 0 Partnership 0 Trust/estate s single-member LLC Exempt payee code(if any) limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P.-,Partnership)fax Note:Check the appropriate box in the fine above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting 2 LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is Code(ii any) another LLC that is not disregarded from the owner for U.S.federal lax purposes.Otherwise,a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. UOther(see Instructions) i vr'.ex...ones nwne....d ernes.m•a S• u) 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) A 9425 SW 72 Street,Suite 150 6 City,state,and ZIP code Miami,FL 33173 7 List account number(s)here(optional) art :. Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid [Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later,For other M -entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:If the account Is in more than one name,see the instructions for line 1.Also see What Name and Lmptoyer Identtflcatlon number J Number To Give the Requester for guidelines on whose number to enter. 6 5 - 0 0 1 0 2 4 8 Part ii Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement BRA),and generally,payments other than interest and dividends,y are not re ured to s n the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign i Signature of Here { us.parson pate 5/3/2923 General instruc n Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to th tem I Revenue Code unless otherwise Form 1099-MISC(various types of income,prizes,awards,or gross noted.proceeds) Future developments.For the latest information about developments •Form 1099-8(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. Form 1099-S(proceeds from real estate transactions) Purpose of Form Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TiN)which may be your social security number Form 1099-C(canceled debt) SSN),individual taxpayer identification number BTIN),adoption Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later, Cat.No.10231X Form W-9(Rev.10.2018) CAO 118 id vv. METRO METRO EQUIPMENT SERVICE, INC. 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Collier County Golden Gate City Transmission Water Main Improvements— Phase 1B Resumes CAO 118 Daniel Gonzalez 3227 SW 99th Place—Miami,FL 33165—786-663-2811 —dg@mesinc.us Senior Project Manager OVERVIEW Mr. Gonzalez has over 16 years of experience in the fields of residential construction, water, wastewater, reuse, and other utility construction. During his time with Metro Equipment he has estimated, managed, and successfully completed numerous projects for MDWASD. Mr. Gonzalez is experienced with project acquisition, estimating, contract negotiations, project management, design build, efficiently and effectively resolving unforeseen circumstances that may affect the completion of a project, and project closeout. Mr. Gonzalez as developed a good working relationship with many MDWASD employees and understands how to communicate effectively within the parameters established by the county to ensure the project is completed on time and on budget. KE'• Construction Management Good interpersonal and oral Project Acquisitions&Estimating communication skills Project scheduling,submittals, pay Understanding of blueprints plans and requisitions,coordination of sub- design principles contractors&field crews Good monitoring for quality management Construction Management and Strong ability to manage and oversee pipe Inspections of sewer systems, crews,grading crews,foreman,equipment, manholes,and pump stations subcontractors,and materials on project Strong understanding of building Familiar with MDWASD staff, processes regulations and laws and procedures Excellent written communication skills Over 10 years of Experience Extensive knowledge of all construction subtrades for effective monitoring PROJECT EXPERIENCE Florida Keys Aqueduct Authority/FKAA Project#1154-17—Grassy Key Transmission Main Replacement Project Completion:Not Started Project Role:Project Manager Value:$8,288,357.00 This project consists of replacing an approximately 2 miles long of a 30" Ductile Iron Transmission Main with a 30" Steel Transmission main from approximately mile marker 58 to mile marker 60 alongside the Overseas Highway US-1), replacing two pressure reducing/metering vaults, and installing two (2) 6-inch HDPE directionally drilled pipelines crossing the Overseas Highway. Orange County, Florida/Tealwood Cove,Lakewood Forrest Water and Wastewater Systems Project Completion:05/2020 Principal Role:Project Manager Value:$2,109,057.30 The project consisted in the installation of 5,400 LF of 8" PVC&DIP Water Main,6 Fire Hydrants and 164 water service connections.The project also included the installation 255 LF of 8"Gravity sewer main, 14 gravity sewer main point repairs,installation of 2 Sanitary Sewer Manholes, installation of 7 gravity sewer laterals and the rehabilitation of existing 8"gravity sewer pipe with a 8"CIPP liner. Orange County,Florida/PS 3728 Rocket Blvd and Central Florida Parkway Improvements Project Completion:03/2020 Principal Role:Project Manager Value:$2,918,261,.14 The project consisted in the rehabilitation of three duplex Pump Stations,the installation of 2325 LF of 8" HDPE Force Main via Directional Drill,the installation of 832 LF of 8" PVC Force Main via Open cut,the installation of 705 LF of 12"&10" P:VC Sanitary Gravity Sewer main(including three Manholes),the rehabilitation of existing CAO 116 Daniel Gonzalez Senior Project Manager 12"gravity sewer with a 12"CIPP liner,the installation of five 48" Fiberglass Manhole inserts and six connections to the existing Force Mains Miami-Dade Water&Sewer Department/S-919 Installation of 14" Nominal Pipe size HOPE Sewage Force Main Canal Crossing(C-102N)via Horizontal Directional Drill at Old Dixie Highway&North of SW 232 Street Project Completion:Ongoing Project Role:Project Manager Value:$516, 594.00 This project consists of completing the final design and furnishing and installing a 14" Nominal Pipe Size(DIPS OD) DR-11.0, PE 4710 HDPE pipe employing horizontal direction drilling method under Canal C-102N culvert right-of- way under Old Dixie Hwy north of SW 232nd Street. Collier County Ware Sewer District/Western Force Main Interconnect Project Completion:Ongoing Project Role:Project Manager Value:$3,293,020.00 This project consists of construction of 8,200(+/-) linear feet of 24" HDPE Force Main to the North of Golden Gate Parkway with miscellaneous connections, construction of 650(+/-) linear feet of 12" Force Main on Wyndemere Maintenance Road to the existing Pump Station 110.00 and the rehabilitation of Pump Station 110.00 City of Orlando/Raleigh Street Sanitary Sewer Replacement Project Completion:Ongoing Project Role:Project Manager Value:$1,877,774.07 This project consists of the removal and replacement of the existing gravity sewer system along Raleigh Street & Kirkman Road and shall include removing approximately 2,800 IF of the existing 8" PVC gravity sewer system and replacing with 12" and 15" SDR 26 PVC gravity sewer pipe.This project also includes construction of four (4) new 48" sanitary sewer manholes and rehabilitation of(7)existing 48" sanitary sewer manholes. City of Cape Coral/FGUA Transmission Main Project Completion:08/ 01/2019 Project Role:Project Manager Value:$8,568,517.25 Open cut installation of 16,300 LF of 24" dia DIP pipe, Horizontal Directional Drilling 4,300 LF of 30" HDPE pipe, install 11,000 LF of 4-way fiber optic conduit, and installation of an additional 8" pump and pipe improvements to the Entrada Pump Station. Orange County,Florida/University Drive Emergency Project Completion:07/01/2019 Project Role:Project Manager Value:$1,355,355.16 This project consists of an Emergency Gravity Repair of a gravity system located at the intersection of Rouse Road and University Boulevard.The construction consists of the installation of+55 LF of 12"gravity sewer, removal of+ 55 LF of gravity sewer, removal of two manholes, installation of one HDPE lined manhole.This project includes the removal and replacement of asphalt pavement, curbing, sodding, landscape restoration, and surfacing. It also includes maintenance of traffic(MOT). Miami-Dade Water&Sewer Department/Emergency Directional Drill to Install Water Main crossing the Florida Turnpike at NW 207 Street to Replace the Existing Deteriorated 10-inch Crossing Project Completion:09/2018 Project Role:Project Manager Value:$662,679.53 The project consisted of designing and constructing a 14"HOPE Horizontal Direction Drill(HDD)crossing under the Florida Turnpike and a 10" DIP via open cut to replace a deteriorated 10" Water Main. Metro designed the Horizontal Directional Drill Plan and obtained the necessary permits from all the governing agencies having jurisdiction such as DERM,FOOT,Miami-Dade Water and Sewer Dept,among others. Miami-Dade Water&Sewer Department/72"Plugs Pump Station 2 Project Completion:4/23/2018 Project Role:Project Manager Value:$241,900,00 Emergency Repairs on 72 inch Interceptor at Pump Station#2 CAO 11 Daniel Gonzalez Senior Project Manager City of Bartow/Wabash Sewer Replacement Project Completion:08/2017 Project Role:Project Manager Value:$2,396,635.00 Construction of 24" & 30" gravity sewer main to replace 3,450 feet of existing 24" pipe on Wabash Street. Replacement of manholes, 260" casings installed under CSX track & US 17 abandonment of existing pipe and structures. Orange County,Florida/Innovation Place(Storey Park) Project Completion:06/ 30/2017 Project Role:Project Manager Value:$3,595,278.00 Installation of approximately 4,230 IF of 30" watermain, 4,215 LF of 20" Wastewater Force Main, 320 LF of 54" Jack and Bore and 320 IF of 36"Jack and Bore Poole&Kent/Broward County Pump Station 450 Project Completion:6/29/2017 Project Role:Project Manager Value:$78,750.00 Installation of tapping sleeve City of St.Petersburg/Tierra Verde Bridge Utilities Replacement Project Completion:06/2017 Project Role:Project Manager Value:$2,132, 158.00 2,800 LF of 12"PVC Force Main and 2,000 LF,16"/8"/8"HDPE bundle via HDD under intercoastal waterway City of Oakland Park/Bid Package#10,Water Main,Force Main Drainage Improvement Project Completion:06/2017 Project Role:Project Manager Value:$8,205, 195.00 Installation of water mains, drainage and force mains. 2 lift stations and directional drill.4" DIP Water Main-200 LF, 6" DIP Water Main — 11,800 IF, 8" DIP Water Main — 8,515 IF, 6" PVC Water Main — 1,280 LF, 330 water services. 12" DIP Force Main —2,935 LF, 16" DIP Force Main—480 LF, 16" DIP Force Main—480 LF, 20" DIP Force Main—5,360 LF,24" HDPE with 36" HDPE casing pipe, H.D.D—500 IF, 24" HDPE—320 LF, 2 Lift Stations. Orange County,Florida/Shenandoah Park Water and Waste Water Improvement Project Completion:06/2017 Project Role:Project Manager Value:$3,898,980.00 6,800 IF of 8" PVC Water Main,2,500 LF of 6" PVC Water Main, 2,400 LF of 6" PVC Force Main and approximately 17,000 IF of CIPP lining of the existing 8"gravity sewer main and 63 6'/4' laterals. Village of Bal Harbour/Sanitary Sewer Improvement Project Phase One Project Completion:06/2017 Project Role:Project Manager Value:$2,948,730.00 Installation of new submersible pump station, demolition of existing dry pit pump station. The project also included remediation of existing contaminated soil within the project area. Orange County,Florida/Westwood Blvd 24"Water Main Project Project Completion:05/2017 Project Role:Project Manager Value:$2,747,391.00 Installation of 6,300 IF of 24" DIP WM on heavily congested Westwood Blvd. from Central Florida Parkway to International Drive in Orlando, Florida. Miami-Dade Water&Sewer Department/Emergency Pump Station 200 New Gravity Sanitary Sewer Project Completion:01/2017 Project Role:Project Manager Value:$3,104,785.00 Installation of approximately 1,300 IF of 42" DIP Gravity sewer with 9 manholes. Bergeron land Development/West Avenue Neighborhood Improvement Project Completion:12/2016 Project Role:Project Manager Value:$2,842,970.00 Re-insert the existing in-line tide flex valve into the new 24" HDPE pipe and installing the manatee grate without modification to the existing sea wall. Installation of storm water,sanitary sewer and water main. CAO 116 Daniel Gonzalez Senior Project Manager Hillsborough County/Northdale Reclaimed Water Transmission Main Replacement Project Completion:08/2016 Project Role:Project Manager Value:$2,984, 564.00 Installation of 9,100 LF of 12" reclaim water main. Also, installation of 2,450 LF of 8" reclaim water main. Installation of 3,900 LF of 12"sanitary sewer force main. TOHO Water Authority/Simpson Road 30"Water Main Project Completion:07/2016 Project Role:Project Manager Value:$2,724,195.00 Construct approximately 3,850 feet of 30"&480 LF of 24"Water Main Orange County,Florida/International Drive South Force Main and Reclaimed Water Main Improvements Project Completion:05/2016 Project Role:Project Manager Value:$6,363,930.30 Demolition of PS#3597. Installation of 5,500 LF of 30" PVC, 3,500 LF of 24" and 2,600 LF of 20" PVC Force Main. Installation of 11,400 LF of 24" DIP. 301 LF of 36" casing via jack and bore, 100' of 24" HDPE via HDD & 200' of HDPE via HDD. City of Homestead/Influent Gravity Interceptor Project Completion:04/2016 Project Role:Project Manager Value:$1,682, 380.00 Installation of 2,400 LF of 36" DIP Gravity interceptor along SW 328 St including open cut crossing of US-1. 17-5' Diameter precast manholes, FDOT crossing,4,000 SY of mill and overlay and 3,600 SY of road reconstruction. Miami-Dade Water&Sewer/Emergency Repair Contracts Project Duration:2001-present Project Role:Project Manager Value:$3,500,000.00 Approximately 14 Emergency Repair projects performed by Metro since year 2001 for Miami-Dade Water and Sewer Department.Scope ranged from replacement of damaged 36"WM to 96" PCCP Force Main. Miami-Dade Water & Sewer Department/ Furnish and Install 36" HDPE & 30" DIP Water Main in NE 79 St Causeway Project Completion:11/2015 Project Role:Project Manager Value:$1,850,508.00 Installation of approximately 1,050 IF of 36" HDPE via HDD under Biscayne Bay at North Bay Village. Installation of approximately 180 IF of 30" DIP WM to connect to existing 30" WM at two locations utilizing a quadruple 30" line-stop arrangement.Cut in a 30" BFV in a 30"cast iron water main. 8" water main turbine meter assembly with bypass. Miami-Dade Water&Sewer Department/Emergency Repair of 72"PCCP Force Main Project Completion:11/2015 Project Role:Project Manager Value:$494,770.00 Removal and replacement of 72-inch pre-stressed concrete pipe for sewage force main damaged by core drilling at SW 147th terrace and sw 77 avenue. City of Orlando/Dahlia Drive Sanitary Sewer Improvements Project Completion:04/2016 Project Role:Project Manager Value:$1,540,257.00 Installation of 3,300 LF of 15"/ 10"/8"PVC Sanitary Sewer including replacement of existing VCP sewer systems City of Clearwater/Idlewild,The Mall Sanitary Sewer and Woodlawn Stormwater Improvements Project Completion:06/2015 Project Role:Project Manager Value:$6,530,378.80 Installation of 20,450 LF 8" PVC, 900 LF 10" PVC& 725 LF 12" PVC Gravity Sewer piping, 89 manholes, 460 sewer service laterals including abandoning of existing septic tanks at private property. Also approximately 4,000 LF of 15"—42"RCP storm sewer piping,41 storm sewer structures. Miami-Dade Water&Sewer/Emergency—Replacement of two 60"PCCP Force Main at SW 92 Ave&SW 28 Tr. Project Completion:03/2015 Project Role:Project Manager Value:312,953.00 Emergency repair of two(2)60" PCCP Force Main located at SW 92 Ave&SW 28 Tr. In Miami, Florida. CAO 118 Daniel Gonzalez Senior Project Manager City of Dania Beach/Southeast Storm Water Drainage Project Phase I Project Completion:12/2014 Project Role:Project Manager Value:$1,259,000.00 Refurbish existing Meadowbrook drainage pump station including new 60 HP 24" Angled Line shaft Pumps. Replacement of 1,056 IF of 30" HDPE Force Main, 240 LF of 30" DIP Force Main. Installation of 50 LF 48" RCP and 350 LF 36" RCP drainage pipe. City of Margate/City of Margate Sanitary Force Main Installation Project Completion:12/2014 Project Role:Project Manager Value:$1,449,895.00 Installation of 3,300 LF of 20" DIP Force Main, 650 LF of 6" DIP FM, 135 LF of 36"Steel Casing Jack and Bore under FDOT ROW and 950 LF of 20" HDPE via HDD. Hillsborough County/SR 674 Force Main,Clubhouse to South County Water Treatment Plant Project Completion:08/2014 Project Role:Project Manager Value:$6,183,138.00 Installation of 10,200 LF of 30" DIP Force Main, 2,200 LF of 6" Fusible PVC via HOD, 420 LF 48" Steel casing microtunnel under 1-75 and 260 LF 48" Steel casing microtunnel under SR674. The project also included approximately 17,000 SY of Roadway reconstruction. Florida Keys Aqueduct Authority/Duck Key Utility Improvement Phase 1-7 Project Completion:09/2013 Project Role: Project Manager Value:$13,679,778 Phase 1-3: Installation of Gravity Sewer, Reclaimed Water Main, Force main, Potable Water Main, and Pump Stations in Duck Key, FL. Phase 4-6: Installation of 11,300' of 8" Gravity Sewer with 53 Manholes, and 151 Gravity Sewer Laterals. Two Duplex Lift Station, One Triplex Lift Station. 3 Shallow Injection Wells permitted through SFWMD for Dewatering. 4,800' LF of 2" through 4" PVC Force main,9,650' LF of 4" and 6" Reclaimed water main with 135 service. 12,500' IF of 4"through 8"Water Main with 14 Fire Hydrants, and 118 Water Services. One Curved Bridge crossing with 3 different Utilities Installed with Stainless Steel pipe.The project also required completed roadway reconstruction. Phase 7: Installation of 3,310' of 8" Gravity Sewer with 11 Manholes, and 40 Gravity Sewer Laterals. One Duplex Lift Station, 1 Shallow Injection Well permitted through SFWMD for Dewatering. 6,680' LF of 2" through 4" PVC Force main, 2760' LF of 4" through 8" Water Main with S Fire Hydrants, and 33 Water Services.The project also required completed roadway reconstruction in the amount of 6,100 SY and a complete overlay of the Duck Key Island in the amount of 57,600 SY. The project also included the installation of 29 Simplex Grinder Stations, 1 Duplex Grinder station,and 29 Lateral Kit Assemblies. City of Sunrise/Park City Water Main Replacement,Project#408-6129-536.65.02 Project Completion:08/2013 Project Role:Project Manager Value:$4,746,150.00 Installation of 1,250 IF PVC, 5,300 IF 8" PVC, 11,300 LF 6" PVC & 15,100 IF 4" PVC Potable Water Mains, Fire Hydrants, and 2,149 service connections conversions from rear to front of property. Installations of 2,917 IF of 6" PVC Reclaimed Water piping. Installation of 2,305 LF of 4" and 8" PVC Force Main piping. Installation of 690 IF of 12" DIP Force Main and grouting and abandoning approximately 6,700 IF of existing asbestos concrete potable water main piping. CAO 11g Daniel Gonzalez Senior Project Manager Miami-Dade Water&Sewer Department/ Furnish and Install 24", 16"&12"Sanitary Sewer in SW 13 Ave from SW 7 St.to SW 4 St—Contract 5-835 Project Completion:04/2013 Project Role:Project Manager Value:$1,712,527.18 Construction of 1,363 LF of 24", 1,085 LF of 16" DIP & 1,000 IF of 12" DIP Gravity Sewer pipe including, 11 manholes and 108 service laterals at major arterial roadways in central metropolitan City of Miami. Florida Keys Aqueduct Authority/ Eden Pines, Pine Channel Estates Tropical Key Colony/Beach Dr. Distribution Upgrade Project Completion:11/2012 Project Role:Project Manager Value:$2,634,600.15 Installation of 710 LF 8" PVC, 20,610 LF 6" PVC& 10,100 LF 4" PVC Water Main,Two Bridge Crossings, 712 Water Services City of Hollywood/Distribution Piping Upgrade for Short Term Scenario South 35th Ave from Hollywood Blvd.to Washington St. Project Completion:10/2011 Project role:Project Manager Value:$916,689.50 Installation of 3,000' of 24" and 30" Water Main. Approximately 400 LF of 30" HDPE via HDD under FDOT ROW. Including roadway reconstruction. Included a 30"x24"tap into an operational 30" PCCP Transmission Main. Florida Keys Aqueduct Authority/City of Marathon Water Distribution Main Project Completion:02/2011 Project Role:Project Manager Value:$2,507,000.00 Installation of Distribution Watermain 14,700 LF of 12" C900 PVC, 2,410 LF DIP, 1,310 LF 8" C900 PVC, 920 LF 6" C900 PVC including hydrants, 57 water services, and connections to existing mains. Work performed on Overseas Highway in the City of Marathon. Town of Davie,AECOM/Town of Davie Water&Waste Water System Expansion Project Completion:12/2011 Project Role:Project Manager Value:$1,387,192.00 Installation of yard piping and offsite piping to wells. Sizes vary from 24" to 10" pipe and materials vary between HDPE, PVC, and DIP. Miami-Dade Water&Sewer Department/South District Wastewater Treatment Plant—Effluent Pump Station Piping—Contract 5-817 Project Completion: 11/2011 Project Role:Project Manager Value:$907,672.00 Installation of 225' LF of 60" PCCP, 2 cut in 72"x60" connection to existing 72" PCCP, installing 70' IF of 72" PCCP, connection of the 60" PCCP to existing Effluent Pump Station Wet Well, Install 115 LF of 90" PCCP, 5 — 60" Butterfly Valves, 1 —42" BFV, 2 -36" BFV, installation of a 72" x 24" TS&V, and the installation of 72" x 30"TS&V. Installation of 440 IF of 42" DIP Force Main and 70 IF of 24" DIP Force Main. Key Largo Wastewater Treatment District/South Transmission Main Project Completion:11/2011 Project Role:Project Manager Value:$3,790,000.00 CAO 118 Daniel Gonzalez Senior Project Manager Installation of 30,000 LF of 4" —16" PVC FM via Open Cut, 31,000 LF of 8"to 18" HDPE FM via Slip lining through an existing decommissioned 30" DIP WM, 261 LF HDPE HOD, 250 LF HDPE HOD, 354 LF HDPE HDD & 76 LF HOPE HDD FM via HDD Key Largo Waste Water Treatment District/Vacuum Sewer Collection System Project Completion: 11/2011 Project Role:Project Manager Value:$17,277,889.21 Construction of over 100,000 LF of Vacuum Sewer Collection system from 4" to 12" PVC pipe, 674 Vacuum Pits, 2100 cleanouts and 45,640' LF of 6"Gravity Sewer Laterals. Miami-Dade County Poole&Kent/South District Wastewater Treatment Plant Chlorine Tank Contract S-812 Project Completion:01/2011 Project Role:Project Manager Value:$1,785,368.36 Installation of 232 LF of 120" PCCP, 310 LF of 108" PCCP, 560 LF of 96" PCCP, 120 LF of 84" PCCP, 160 LF of 72" PCCP and 320 LF of 60" PCCP Force Main. Miami-Dade Water and Sewer Department, Poole & Kent/ South District Wastewater Treatment Plant HLD upgrade MGD Filter System—Contract S-805 Project Completion:06/2009 Project Role:Project Manager Value:$1,485,115.00 Installation of 234 LF of 120" PCCP,394 LF OF 108" PCCP, 975 LF LF OF 96" PCCP, 122 IF OF 84" PCCP, 139 LF OF 72"PCCP and 393 LF OF 60" PCCP Force Main. Miami-Dade Water&Sewer Department/Alexander Orr Water Treatment Plant—96" PCCP Filter Interconnect Contract W-895 Project Completion:2009 Project Role:Project Manager Value:$2,012,982.00 Construction of 170 LF of 96" PCCP WM and three 96"Butterfly Valves. City of Miramar/East Miramar Water Main Improvements Project Completion:2009 Project Role:Project Manager Value:$1,514,377.05 Installation of approximately 3,420 LF 12" DIP WM, 1,000 LF 8" PVC WM, 18,000 LF 6" PVC WM, 248 Water Services and 280 LF 14"/10" HDPE Directional Drill. Included complete roadway restoration in residential area. Miami-Dade Water & Sewer Department/ South District Wastewater Treatment Plant HID Upgrade to 285 MGD—Yard Piping—Contract S-813 Project Completion:04/2009 Project Role:Project Manager Value:$8,967,000.00 Installation of 1,154 LF of 120" PCCP, 642 LF 108" PCCP, 616 IF of 96", 234 IF of 84' PCCP, 2,847 LF of 48" DIP, 315 LF of 36"DIP Force Main. Village of Key Biscayne/Zone 1 and Zone 4 Water Main Replacement and Sanitary Sewer Project Project Completion:12/2009 Project Role:Project Manager Value:$6,300,00.00 CAO 118 Daniel Gonzalez Senior Project Manager Replacement of 18,882 LF of 8" to 12" Gravity Sewer, 86 precast manholes, Replacement of a Duplex Sanitary Sewer Lift Station. Replacement of existing AC WM with 22,400 LF of 8"Water Main including 165 water services and fire hydrants. Miami-Dade County Park Department/Black Point Marina Sewer Connection Project Completion:2008 Project Role:Project Manager Value:$1,092,220.00 Sanitary Sewer improvement City of Ft.Lauderdale/Imperial Point large Water Mains—Phase I Project Completion:2009 Project Role:Project Manager Value:$3,186, 525.00 Installation of 232 LF of 9,750 LF of 16" DIP WM and 1,265 LF of 10" DIP WM in the Imperial Point residential neighborhood.Project included full restoration of NE 56 St. Miami-Dade Water&Sewer Department/Installation of 42",36",24" &36"Raw Water Mains for South Miami Heights—Contract W-861 Project Completion:2008 Project Role:Project Manager Value:$3,668,758,60 Installation of 740 LF of 42", 2,600 LF of 36",4,000 LF of 24" and 3,200 LF 16" C-905 PVC Raw Water Transmission Mains for South Miami Heights treatment plant Miami-Dade Water and Sewer Department/Emergency P0112 Project Duration:1 Month Project Role:Project Manager Emergency repair to route 2 48" concrete Water Main at SW 87 ave and between SW 179 St and SW 180 St by dig and replace. Miami-Dade Water and Sewer Department/Emergency P0114 Project Role:Project Manager Project Duration:1 Month Emergency Construction of 4 access MH structures on existing 96" pre-stressed concrete Water Main on SW 72 ST at SW 107 AVE, 113 Court, 117 AVE,and 118th Ave. Miami-Dade Water and Sewer Department/Emergency Repair to 96"Concrete P sect Role:Project Manager ter Main Project Duration: 1 Month The project consists of removal and replacement of one 20-foot length of 96"pre-stressed concrete water main at SW 72"d Street and SW 109th Avenue. Miami-Dade Water and Sewer Department/Turnberry Way Project#P0066 Project Role:Project Manager Project Duration:1 Month Installation of 8" DIP and HOD approximately 600 LF of 10" HOPE Miami-Dade Water and Sewer Department/Emergency Repair Rehab 72"Gravity Sewer Project Duration: 1 Month Project Role:Project Manager The project consists of removal and replacement of one 20-foot length of 96-inch pre-stressed concrete water main at SW 72"d Street and SW 109th Avenue. CAO I Carlos A. Millat 19483 NW 61 Ave,Hialeah, FL 33015 786-299-1567 carlosmillat1965@gmail.com Superintendent OVERVIEW Mr. Millat has been in the underground utility field for over 25 years and has been working with Metro Equipment over 20 years building complex underground water and sewer infrastructure projects throughout the state of Florida. He has a wealth of knowledge regarding ground conditions and proven construction techniques which will guarantee success for any project. He is extremely knowledgeable about public works regulations and construction. He is responsible for construction project progress. He ensures there is effective communication between co-workers, owners, suppliers, and subcontractor. He also ensures materials, equipment, locations, manpower, and needs for the project are ordered, scheduled and on site when needed.Throughout the years, Mr. Millat has created a very strong reputation with County and State agencies due to his strong work ethics and ability to complete complex and important projects. KEY QUALIFICATIONS Construction Management Managerial Skills-oversee pipe Project scheduling, submittals, crews, grading crews, Foreman, pay requisitions, coordination of equipment, subcontractors, and sub-contractors&field crews materials on project Construction Management and Project Acquisition& Estimating Inspections of sewer systems, Familiar with MDWASD staff, manholes, and pump stations processes and procedures Management of day to day activities Over 20 years of Experience to ensure project milestone dates OSHA Certified and overall schedule completion date is met PROJECT EXPERIENCE Florida Keys Aqueduct Authority/Grassy Key Transmission Main Replacement Project Completion:6/2021 Project Role: Project Superintendent Value:$8,288,357.00 The project consisted replacing approximately 10,400 LF of 30" DIP transmission main with a 30" welded steel transmission main along Overseas Highway(US 1). Miami Dade Water&Sewer Department/Furnish and Install 42"PCCP/HDPE Force Main along North Miami from NE 36 St to NE 62 St Project Completion: 12/2019 Project Role:Project Superintendent Value:$16,146,343.93 The project consists of furnishing and installing approximately 3,010 L.F.of 42-inch Prestressed Concrete Cylinder Pipe (P.C.C.P.) Via Open Cut Methods and 8,216 L.F. High-Density Polyethylene(H.D.P.E.)force mains through Horizontal Directional Drill Along N Miami Ave and NE 62nd St. Miami Dade Water&Sewer Department/Emergency Directional Drill to Install Water Main crossing The Florida Turnpike at NW 207 ST.to Replace the Existing Deteriorated 10"Crossing Project Completion:09/2018 Project Role:Project Superintendent Value:$662, 679.53 The project consisted of designing and constructing a 14" HDPE Horizontal Directional Dill (HDD) crossing under the Florida Turnpike and a 10" D.I.P via open cut to replace a deteriorated 10"WaterMain. Metro designed the Horizontal Directional Drill Plan and obtained the necessary permits from all CAO 119 the governing agencies having Jurisdiction such as DERM, FOOT, Miami Dade Water and Sewer Dept. among others. City of Fort Lauderdale/GT Lohmayer WWTP 48"PCCP Replacement—Sequence A Project Completion: 12/2018 Project Role: Project Superintendent Value:$4,228,000.00 Removal of 1245 LF of 42" &48" PCCP and replace with 1,245 LF of 48" DIP. Installation of a 48" Fiowmeter Assembly. Setup and operate temporary sewage bypass of 40 MGD. City of Oakland Park/Bid Package#10,Water Main,Force Main Drainage Improvement Project Completion:07/2017 Project Role:Project Superintendent Value:$8,205, 195.00 Installation of water mains,drainage and force mains. 2 lift stations and directional drill. 4" DIP Water Main-200 LF,6" DIP Watermain-11,800 LF,8" DIP Watermain-8,515 LF, 6" PVC Watermain- 1,280 LF, 330 Water services. 12" DIP Forcemain-2,935 LF, 16" DIP Forcemain-480 LF, 16" DIP Forcemain-480 LF,20" DIP Forcemain-5,360 LF,24" HDPE with 36" HDPE casing pipe, H.D. D-500 LF, 24" HDPE-320 LF, 2 Lift Stations Miami Dade Water&Sewer Department/Furnish and Install 36"HDPE&30"DIP Water Main in NE 79 St.Causeway Project Completion: 11/2015 Project Role:Project Superintendent Value:$1,850, 508.00 Installation of approx. 1050 LF of 36" HDPE via HDD under Biscayne Bay at North Bay Village . Installation of approx 180 LF of 30": DIP WM to connect to existing 30"WM at two locations utilizing a quadruple 30" Line-stop arrangement. Cut in a 30" BFV in a 30"cast iron water main. 8"water main turbine meter assembly with bypass. Miami Dade Water&Sewer/Emergency—Replacement of two 60" PCCP Force Main at SW 92 Ave& SW 28 Tr. Project Completion:03/2015 Project Role:Project Superintendent Value:$312,953.00 Emergency repair of two(2) 60" PCCP Force Main located at SW 92 Av&SW 28 Tr in Miami, Florida Hillsborough County/SR 674 Force Main,Clubhouse to South County Water Treatment Plant Project Completion:08/2014 Project Role:Project Superintendent Value:$6,183,138.00 Installation of 10,200 LF of 30" DIP Force Main,2,200 LF of 6" Fusible PVC via HDD, 420 LF 48"Steel casing Microtunnel under 1-75 and 260 LF 48" Steel casing MicroTunnel under SR 674.The project also included approximately 17,000 SY of Roadway reconstruction. Florida Keys Aqueduct Authority/Duck Key Utility Improvement Phase 7 Project Completion:09/2013 Project Role: Project Superintendent Value:$2,726,000.00 Installation of 3,310 of 8"Gravity Sewer with 11 Manholes,and 40 Sewer Laterals.One Duplex Lift Station, 6,680 LF of 2"through 4" PVC Force Main, 2760' LF of 4"through 8"Water Main with 5 Fire Hydrants, and 33 Water Services. Installation of 29 Simplex Grinder Low Pressure Stations, 1 Duplex Grinder Sewer station,and 29 LPM Lateral Kit Assemblies. Miami Dade Water&Sewer Department/Furnish and Install 24", 16"&12"Sanitary Sewer in SW 13 Ave.from SW 7 St.to SW 4 St.—Contract S-835 CAO 118 Project Completion:04/2013 Project Role:Project Superintendent Value:$1,712,527.18 Construction of 1,363 LF of 24" DIP, 1,085 LF of 16" DIP&1,000 LF of 12" DIP Gravity Sewer pipe including, 11 Manholes and 108 service laterals at major arterial roadways in central metropolitan City of.Miami Florida Keys Aqueduct Authority/Duck Key Improvement Phase 4-6 Project Completion:03/2013 Project Role:Project Superintendent Value:$4,961,000.00 Installation of 11,300'of 8"Gravity Sewer with 53 Manholes,and 151 Sewer Laterals.Two Duplex Lift Station,One Triplex Lift Statio, 4,800 LF of 2"through 4" PVC Force Main,9,650 LF of 4"and 6" Reclaimed Watermain with 135 services, 12,500 LF of 4"through 8" Water Main with 14 Fire Hydrants, and 118 Water Services.One Bridge crossing with 3 different Utilities Installed with Stainless Steel pipe. Florida Keys Aqueduct Authority/Duck Key Utility Improvement Phase 3 Project Completion: 09/2011 Project Role:Project Superintendent Value:$1,125,250.00 Installation of 1365'of 8"Gravity Sewer with 5 Manholes,and 34 Gravity Sewer Laterals, 1 Duplex Lift Station, 700 LF of 4" PVC Force main, 1578 LF of 4" Reclaimed Watermain with 34 services, 1,684 LF of 4"Water Main with 3 Fire Hydrants,and 29 Water Services, 1 Bridge crossing with 3 different Utilities Installed with Stainless Steel pipe. Florida Keys Aqueduct Authority/Ducky Key Utility Improvement Phase 1&2 Project Completion:03/2012 Project Role:Project Superintendent Value:$4,867, 528.00 Installation of 9,802 LF of 8" PVC Gravity Sewer with 41 Manholes and 119 Gravity Sewer Laterals. 3 Duplex Lift Station,5,683 LF LF of 2"through 8" PVC Force main,7,994 LF LF of 4" -8" Reclaimed Watermain with 66 services, 11,684 LF of 4"through 8"Water Main with 13 Fire Hydrants,and 76 Water Services, 2 Curved Bridge crossing with 3 different Utilities Installed with Stainless Steel pipe. Key Largo Wastewater Treatment District/South Transmission Main Project Completion: 11/2011 Project Role:Project Superintendent Value:$3,790,000.00 Construction of a Waste Water Transmission Force Main from Tavernier, FL to the KLWTD WWTP on MM100 in Key Largo FL. The included the installation of 30,000' of 4" - 16" PVC FM via Open Cut and 31,000' of 8" to 18" HDPE FM via Slip lining through and existing decommissioned 30" DIP WM, HDD of 1,900 of 4" to 18" HDPE FM, 163 4" to 18" Plug Valves and 7,500 SY of Road Reconstruction. This work was completed on Overseas Hwy in Key Largo, FL and required coordination with several jurisdictional agencies such as, FDOT, FDEP,and SFWMD. Key Largo Wastewater Treatment District/Vacuum Sewer Collection System Project Completion: 11/2011 Project Role:Project Superintendent Value:$17,277,889.21 Construction of Over 100,000 LF of Vacuum Sewer Collection system from 4" to 12", 674 Vacuum Pits, 2100 cleanouts and 45,640' LF of 6" Gravity Sewer Laterals. City of Miramar/East Miramar Water Main Improvements Project Completion: 1/2010 Project Role:Project Superintendent Value:$1,514,377.05 Installation of approximately 3,420 LF 12" DIP WM, 1,000 LF 8" PVC WM, 18,000 LF 6" PVC WM,248 Water Services and 280 LF 14"/10" HDPE Directional Drill. Included complete roadway restoration in residential area CAO 118 Village of Key Biscayne/Zone 1 and Zone 4 Water Main Replacement and Sanitary Sewer Project Project Completion: 12/2009 Project Role:Project Superintendent Value:$6,300,000.00 The work consisted of the replacement of approximately 18,882 LF of 8"to 12"Gravity Sewer,86 Precast Manholes, Remove and Replacement of a Duplex Sanitary Sewer Lift Station including temporary bypass and installation of integrated telemetry system to communicate with the existing communication system used by Miami Dade Water and Sewer Department.Throughout the project area there was an existing AC water main that was replaced with 22,400 LF of 8" water main including 165 water services and fire hydrants. Once the project areas were completed, both zone were completely restored including sod, sidewalks, driveways, landscaping, irrigation, landscape lighting, and complete roadway reconstruction for E.O.P to E.O.P. Miami Dade Water&Sewer Department/South District Wastewater Treatment Plant—HID Upgrade to 285 MGD—Contract S-813 Project Completion:5/2008 Project Role:Project Superintendent Value:$8,967, 000.00 Installation of 1,154 LF of 120" PCCP,642 LF of 108" PCCP,616 LF of 96" PCCP,234 LF of 84" PCCP,2,847 LF of 48" DIP and 315 LF of 36" DIP Force Main. City of Miramar/Wastewater Flow Transmission Project Project Completion: 12/2007 Project Role:Project Superintendent Value:$6,075,880.00 Installation of 12200 LF of 36" DIP Transmission Force Main. Installation of 8292 LF of 24" DIP Transmission Force Main. Miami Dade Water and Sewer Department/Alexander Orr Water Treatment Plant—96"PCCP filter Interconnect pipeline Project Completion:3/2006 Project Role:Project Superintendent Value:$2,012,928. 00 Installation of 170 LF of 108" PCCP Water Main and three 108" Butterfly Valves. City of Ft. Lauderdale/Imperial Point large Water Mains—Phase I Project Completion:06/2005 Project Role:Project Superintendent Value:$3,186, 525.00 Installation of 232 LF of 9,750 LF of 16" DIP WM and 1,265 LF of 10" DIP WM in the Imperial Point residential neighborhood. Project included full restoration of NE 56 St. City of North Miami Beach/36"Water Transmission Main Phase 2&3 Project Completion:7/2005 Project Role:Project Superintendent Value:$3,738,550. 00 Installation of 5,039 LF of 36" DIP Water Main, Installation of 1630 LF of 30" DIP Water Main, Installation of 335 LF of 54" Steel casing via MicroTunnel under 1-95. Construction of a 30 ft deep Sheeting Cofferdam. Installation of 50 LF of 54"Steel Casing via Jack& Bore. City of Sunrise/Flamingo Park Wellfield Water Main(Sawgrass) Project Completion: 1/2005 Project Role:Project Superintendent Value:$8,538,100.00 Installation of 5,500 LF 36" DIP, 1,500 LF 20" DIP, 1,750 LF of 16" DIP &6,250 LF data highway communication duct-bank,develop 4 wells& 260 LF 30" HDPE directional drill. Miami Dade Water and Sewer Department/Alexander Orr Water Treatment Plant—108"PCCP filter interconnecting Project Completion: 7/2004 Project Role:Project Superintendent Value:$1,259,423.00 CAO 118 Installation of 264 LF of 108" PCCP Water Main and one 108" Butterfly Valve. Miami Dade Water and Sewer Department/Installation of 24"Water Main at 157 Av(152 St to 136 St) Project Completion: 11/2003 Project Role:Project Superintendent Value:$1,094,340.00 Installation of 4,700 LF of 24" DIP Water Main. Miami Dade Water and Sewer Department/Installation of 16"Calcium Carbonate pipeline from NW wellfield to NW 87 Av. Project Completion:08/2002 Project Role:Project Superintendent Value:$1,236,227.00 Installation of 19,000 LF of 16" & 12" DIP Force Main. Installation of 1660 LF of 20" HDPE via Directional Drill under the Florida Turnpike and Snapper Creek extension. City of Pompano Beach/Western Wellfield Expansion—Phase 2 Project Completion:08/2001 Project Role:Project Superintendent Value:$1,388,000.00 Installation of 3,800 L.F. of 36" DIP Water Main . Installation of four new vertical turbine pumps. Subaqueous crossing with 24" DIP Water Main. City of Ft. Lauderdale/24"Force Main in Seabreeze Blvd.(101-86) Project Completion:08/2000 Project Role: Project Superintendent Value:$1,331,985.00 Installation of 4,600 L.F. of 24" DIP FM in Seabreeze Blvd. Directional drill of 500 L.F. of 24" HDPE under the Mercedes River. REFERENCES AVAILABLE UPON REQUEST CAO 11g Daniel Gonzalez 3227 SW 99`h Place—Miami,FL 33165—786- 663-2811—dg@mesinc.us Senior Project Manager OVERVIEW Mr. Gonzalez has over 16 years of experience in the fields of residential construction, water, wastewater, reuse, and other utility construction. During his time with Metro Equipment he has estimated, managed, and successfully completed numerous projects for MDWASD. Mr.Gonzalez is experienced with project acquisition, estimating, contract negotiations, project management, design build, efficiently and effectively resolving unforeseen circumstances that may affect the completion of a project, and project closeout. Mr. Gonzalez as developed a good working relationship with many MDWASD employees and understands how to communicate effectively within the parameters established by the county to ensure the project is completed on time and on budget. KE'• Construction Management Good interpersonal and oral Project Acquisitions&Estimating communication skills Project scheduling,submittals, pay Understanding of blueprints plans and requisitions,coordination of sub- design principles contractors&field crews Good monitoring for quality management Construction Management and Strong ability to manage and oversee pipe Inspections of sewer systems, crews,grading crews,foreman,equipment, manholes,and pump stations subcontractors,and materials on project Strong understanding of building Familiar with MDWASD staff, processes regulations and laws and procedures Excellent written communication skills Over 10 years of Experience Extensive knowledge of all construction subtrades for effective monitoring PROJECT EXPERIENCE Florida Keys Aqueduct Authority/FKAA Project#1154-17—Grassy Key Transmission Main Replacement Project Completion:Not Started Project Role:Project Manager Value:$8,288,357.00 This project consists of replacing an approximately 2 miles long of a 30" Ductile Iron Transmission Main with a 30" Steel Transmission main from approximately mile marker 58 to mile marker 60 alongside the Overseas Highway US-1), replacing two pressure reducing/metering vaults, and installing two (2) 6-inch HDPE directionally drilled pipelines crossing the Overseas Highway. Orange County, Florida/Tealwood Cove, Lakewood Forrest Water and Wastewater Systems Project Completion:05/2020 Principal Role:Project Manager Value:$2,109,057.30 The project consisted in the installation of 5,400 LF of 8" PVC&DIP Water Main, 6 Fire Hydrants and 164 water service connections.The project also included the installation 255 LF of 8"Gravity sewer main, 14 gravity sewer main point repairs,installation of 2 Sanitary Sewer Manholes, installation of 7 gravity sewer laterals and the rehabilitation of existing 8"gravity sewer pipe with a 8"CIPP liner. Orange County, Florida/PS 3728 Rocket Blvd and Central Florida Parkway Improvements Project Completion:03/2020 Principal Role:Project Manager Value:$2,918,261,.14 The project consisted in the rehabilitation of three duplex Pump Stations,the installation of 2325 LF of 8" HDPE Force Main via Directional Drill,the installation of 832 IF of 8" PVC Force Main via Open cut,the installation of 705 LF of 12"&10"P:VC Sanitary Gravity Sewer main(including three Manholes),the rehabilitation of existing CAO 1 1 g Daniel Gonzalez Senior Project Manager 12"gravity sewer with a 12"CIPP liner,the installation of five 48"Fiberglass Manhole inserts and six connections to the existing Force Mains Miami-Dade Water&Sewer Department/S-919 Installation of 14" Nominal Pipe size HDPE Sewage Force Main Canal Crossing(C-102N)via Horizontal Directional Drill at Old Dixie Highway&North of SW 232 Street Project Completion:Ongoing Project Role:Project Manager Value:$516,594.00 This project consists of completing the final design and furnishing and installing a 14" Nominal Pipe Size(DIPS OD) DR-11.0, PE 4710 HOPE pipe employing horizontal direction drilling method under Canal C-102N culvert right-of- way under Old Dixie Hwy north of SW 232nd Street. Collier County Ware Sewer District/Western Force Main Interconnect Project Completion:Ongoing Project Role:Project Manager Value:$3,293,020.00 This project consists of construction of 8,200(+/-) linear feet of 24" HDPE Force Main to the North of Golden Gate Parkway with miscellaneous connections, construction of 650(+/-} linear feet of 12" Force Main on Wyndemere Maintenance Road to the existing Pump Station 110.00 and the rehabilitation of Pump Station 110.00 City of Orlando/Raleigh Street Sanitary Sewer Replacement Project Completion:Ongoing Project Role:Project Manager Value:$1,877,774.07 This project consists of the removal and replacement of the existing gravity sewer system along Raleigh Street & Kirkman Road and shall include removing approximately 2,800 LF of the existing 8" PVC gravity sewer system and replacing with 12" and 15" SDR 26 PVC gravity sewer pipe.This project also includes construction of four(4) new 48"sanitary sewer manholes and rehabilitation of(7)existing 48"sanitary sewer manholes. City of Cape Coral/FGUA Transmission Main Project Completion:08/01/2019 Project Role:Project Manager Value:$8,568,517.25 Open cut installation of 16,300 LF of 24" dia DIP pipe, Horizontal Directional Drilling 4,300 LF of 30" HDPE pipe, install 11,000 IF of 4-way fiber optic conduit,and installation of an additional 8" pump and pipe improvements to the Entrada Pump Station. Orange County,Florida/University Drive Emergency Project Completion:07/01/2019 Project Role:Project Manager Value:$1,355,355.16 This project consists of an Emergency Gravity Repair of a gravity system located at the intersection of Rouse Road and University Boulevard.The construction consists of the installation of+55 LF of 12" gravity sewer, removal of+ 55 LF of gravity sewer, removal of two manholes, installation of one HDPE lined manhole.This project includes the removal and replacement of asphalt pavement, curbing, sodding, landscape restoration, and surfacing. It also includes maintenance of traffic(MOT). Miami-Dade Water&Sewer Department/Emergency Directional Drill to Install Water Main crossing the Florida Turnpike at NW 207 Street to Replace the Existing Deteriorated 10-inch Crossing Project Completion:09/2018 Project Role:Project Manager Value:$662,679.53 The project consisted of designing and constructing a 14" HDPE Horizontal Direction Drill(HDD)crossing under the Florida Turnpike and a 10" DIP via open cut to replace a deteriorated 10" Water Main. Metro designed the Horizontal Directional Drill Plan and obtained the necessary permits from all the governing agencies having jurisdiction such as DERM,FDOT,Miami-Dade Water and Sewer Dept, among others. Miami-Dade Water&Sewer Department/72"Plugs Pump Station 2 Project Completion:4/23/2018 Project Role:Project Manager Value:$241,900.00 Emergency Repairs on 72 inch Interceptor at Pump Station#2 CAO 11a Daniel Gonzalez Senior Project Manager City of Bartow/Wabash Sewer Replacement Project Completion:08/2017 Project Role:Project Manager Value:$2,396,635.00 Construction of 24" & 30" gravity sewer main to replace 3,450 feet of existing 24" pipe on Wabash Street. Replacement of manholes, 260" casings installed under CSX track & US 17 abandonment of existing pipe and structures. Orange County,Florida/Innovation Place(Storey Park) Project Completion:06/30/2017 Project Role:Project Manager Value:$3,595,278.00 Installation of approximately 4,230 LF of 30" watermain, 4,215 LF of 20" Wastewater Force Main, 320 LF of 54" Jack and Bore and 320 LF of 36"Jack and Bore Poole&Kent/Broward County Pump Station 450 Project Completion:6/29/2017 Project Role:Project Manager Value:$78,750.00 Installation of tapping sleeve City of St.Petersburg/Tierra Verde Bridge Utilities Replacement Project Completion:06/2017 Project Role:Project Manager Value:$2,132,158.00 2,800 LF of 12"PVC Force Main and 2,000 LF,16"/8"/ 8" HOPE bundle via HDD under intercoastal waterway City of Oakland Park/Bid Package#10,Water Main,Force Main Drainage Improvement Project Completion:06/2017 Project Role:Project Manager Value:$8 205 195.00 Installation of water mains,drainage and force mains.2 lift stations and directional drill.4" DIP Water Main—200 LF, 6" DIP Water Main — 11,800 LF, 8" DIP Water Main — 8,515 LF, 6" PVC Water Main — 1,280 LF, 330 water services. 12" DIP Force Main—2,935 LF, 16" DIP Force Main—480 LF, 16" DIP Force Main—480 LF, 20" DIP Force Main—5,360 LF,24" HDPE with 36" HDPE casing pipe,H.D.D—500 LF,24" HDPE—320 LF, 2 Lift Stations. Orange County,Florida/Shenandoah Park Water and Waste Water Improvement Project Completion:06/2017 Project Role:Project Manager Value:$3,898,980.00 6,800 IF of 8" PVC Water Main, 2,500 LF of 6" PVC Water Main, 2,400 LF of 6" PVC Force Main and approximately 17,000 LF of CIPP lining of the existing 8"gravity sewer main and 63 6'/ 4' laterals. Village of Bal Harbour/Sanitary Sewer Improvement Project Phase One Project Completion:06/2017 Project Role:Project Manager Value:$2,948,730.00 Installation of new submersible pump station, demolition of existing dry pit pump station. The project also included remediation of existing contaminated soil within the project area. Orange County, Florida/Westwood Blvd 24"Water Main Project Project Completion:05/2017 Project Role:Project Manager Value:$2,747,391.00 Installation of 6,300 LF of 24" DIP WM on heavily congested Westwood Blvd. from Central Florida Parkway to International Drive in Orlando, Florida. Miami-Dade Water&Sewer Department/Emergency Pump Station 200 New Gravity Sanitary Sewer Project Completion:01/2017 Project Role: Project Manager Value:$3,104,785.00 Installation of approximately 1,300 LF of 42" DIP Gravity sewer with 9 manholes. Bergeron Land Development/West Avenue Neighborhood Improvement Value:$2,842,970.00 Project Completion:12/2016 Project Role:Project Manager Re-insert the existing in-line tide flex valve into the new 24" HDPE pipe and installing the manatee grate without modification to the existing sea wall. Installation of storm water,sanitary sewer and water main. CAO 118 Daniel Gonzalez Senior Project Manager Hillsborough County/Northdale Reclaimed Water Transmission Main Replacement Project Completion:08/2016 Project Role: Project Manager Value:$2,984,564.00 Installation of 9,100 LF of 12" reclaim water main. Also, installation of 2,450 LF of 8" reclaim water main. Installation of 3,900 LF of 12"sanitary sewer force main. TOHO Water Authority/Simpson Road 30"Water Main Project Completion:07/2016 Project Role:Project Manager Value:$2,724,195.00 Construct approximately 3,850 feet of 30" &480 LF of 24"Water Main Orange County,Florida/International Drive South Force Main and Reclaimed Water Main Improvements Project Completion:05/2016 Project Role:Project Manager Value:$6,363,930.30 Demolition of PS#3597. Installation of 5,500 LF of 30" PVC, 3,500 LF of 24" and 2,600 LF of 20" PVC Force Main. Installation of 11,400 LF of 24" DIP. 301 IF of 36" casing via jack and bore, 100' of 24" HDPE via HDD & 200' of HDPE via HDD. City of Homestead/Influent Gravity Interceptor Project Completion:04/2016 Project Role:Project Manager Value:$1,682,380.00 Installation of 2,400 LF of 36" DIP Gravity interceptor along SW 328 St including open cut crossing of US-1. 17-5' Diameter precast manholes, FDOT crossing,4,000 SY of mill and overlay and 3,600 SY of road reconstruction. Miami-Dade Water&Sewer/Emergency Repair Contracts Project Duration:2001-present Project Role:Project Manager Value:$3,500,000.00 Approximately 14 Emergency Repair projects performed by Metro since year 2001 for Miami-Dade Water and Sewer Department.Scope ranged from replacement of damaged 36"WM to 96" PCCP Force Main. Miami-Dade Water & Sewer Department/ Furnish and Install 36" HDPE & 30" DIP Water Main in NE 79 St Causeway Project Completion:11/2015 Project Role:Project Manager Value:$1,850, 508.00 Installation of approximately 1,050 LF of 36" HDPE via HDD under Biscayne Bay at North Bay Village. Installation of approximately 180 LF of 30" DIP WM to connect to existing 30" WM at two locations utilizing a quadruple 30" line-stop arrangement.Cut in a 30" BFV in a 30" cast iron water main.8"water main turbine meter assembly with bypass. Miami-Dade Water&Sewer Department/Emergency Repair of 72"PCCP Force Main Project Completion:11/2015 Project Role: Project Manager Value:$494,770.00 Removal and replacement of 72-inch pre-stressed concrete pipe for sewage force main damaged by core drilling at SW 147th terrace and sw 77 avenue. City of Orlando/Dahlia Drive Sanitary Sewer Improvements Project Completion:04/2016 Project Role:Project Manager Value:$1,540,257.00 Installation of 3,300 LF of 15"/10"/8" PVC Sanitary Sewer including replacement of existing VCP sewer systems City of Clearwater/Idlewild,The Mall Sanitary Sewer and Woodlawn Stormwater Improvements Project Completion:06/2015 Project Role:Project Manager Value:$6,530,378.80 Installation of 20,450 IF 8" PVC, 900 IF 10" PVC& 725 LF 12" PVC Gravity Sewer piping, 89 manholes, 460 sewer service laterals including abandoning of existing septic tanks at private property. Also approximately 4,000 IF of 15"—42" RCP storm sewer piping,41 storm sewer structures. Miami-Dade Water&Sewer/Emergency—Replacement of two 60"PCCP Force Main at SW 92 Ave&SW 28 Tr. Project Completion:03/2015 Project Role:Project Manager Value:312,953.00 Emergency repair of two(2)60" PCCP Force Main located at SW 92 Ave&SW 28 Tr. In Miami, Florida. CAO 11B Daniel Gonzalez Senior Project Manager City of Dania Beach/Southeast Storm Water Drainage Project Phase I Project Completion:12/2014 Project Role:Project Manager Value:$1,259,000.00 Refurbish existing Meadowbrook drainage pump station including new 60 HP 24" Angled Line shaft Pumps. Replacement of 1,056 IF of 30" HDPE Force Main, 240 IF of 30" DIP Force Main. Installation of 50 LF 48" RCP and 350 LF 36"RCP drainage pipe. City of Margate/City of Margate Sanitary Force Main Installation Project Completion:12/2014 Project Role:Project Manager Value:$1,449,895.00 Installation of 3,300 LF of 20" DIP Force Main, 650 LF of 6" DIP FM, 135 LF of 36"Steel Casing Jack and Bore under FOOT ROW and 950 IF of 20" HOPE via HDD. Hillsborough County/SR 674 Force Main,Clubhouse to South County Water Treatment Plant Project Completion:08/2014 Project Role:Project Manager Value:$6,183,138.00 Installation of 10,200 LF of 30" DIP Force Main, 2,200 LF of 6" Fusible PVC via HOD, 420 LF 48" Steel casing microtunnel under 1-75 and 260 LF 48" Steel casing microtunnel under SR674. The project also included approximately 17,000 SY of Roadway reconstruction. Florida Keys Aqueduct Authority/Duck Key Utility Improvement Phase 1-7 Project Completion:09/2013 Project Role:Project Manager Value:$13,679,778 Phase 1-3: Installation of Gravity Sewer, Reclaimed Water Main, Force main, Potable Water Main, and Pump Stations in Duck Key,FL. Phase 4-6: Installation of 11,300' of 8 Gravity Sewer with 53 Manholes, and 151 Gravity Sewer Laterals. Two Duplex Lift Station, One Triplex Lift Station. 3 Shallow Injection Wells permitted through SFWMD for Dewatering. 4,800' LF of 2"through 4" PVC Force main,9,650' LF of 4" and 6" Reclaimed water main with 135 service. 12,500' LF of 4 through 8 Water Main with 14 Fire Hydrants,and 118 Water Services.One Curved Bridge crossing with 3 different Utilities Installed with Stainless Steel pipe.The project also required completed roadway reconstruction. Phase 7: Installation of 3,310' of 8" Gravity Sewer with 11 Manholes, and 40 Gravity Sewer Laterals. One Duplex Lift Station, 1 Shallow Injection Well permitted through SFWMD for Dewatering. 6,680' LF of 2" through 4" PVC Force main, 2760' LF of 4" through 8" Water Main with S Fire Hydrants, and 33 Water Services.The project also required completed roadway reconstruction in the amount of 6,100 SY and a complete overlay of the Duck Key Island in the amount of 57,600 SY. The project also included the installation of 29 Simplex Grinder Stations, 1 Duplex Grinder station,and 29 Lateral Kit Assemblies. City of Sunrise/Park City Water Main Replacement,Project#408-6129-536.65.02 Project Completion:08/2013 Project Role: Project Manager Value:$4,746,150.00 Installation of 1,250 LF PVC, 5,300 IF 8" PVC, 11,300 LF 6" PVC & 15,100 LF 4" PVC Potable Water Mains, Fire Hydrants, and 2,149 service connections conversions from rear to front of property. Installations of 2,917 LF of 6" PVC Reclaimed Water piping. installation of 2,305 IF of 4" and 8" PVC Force Main piping. Installation of 690 LF of 12" DIP Force Main and grouting and abandoning approximately 6,700 LF of existing asbestos concrete potable water main piping. CAO 1 1 g Daniel Gonzalez Senior Project Manager Miami-Dade Water&Sewer Department/Furnish and Install 24", 16" & 12" Sanitary Sewer in SW 13 Ave from SW 7 St.to SW 4 St—Contract S-835 Project Completion:04/2013 Project Role:Project Manager Value:$1,712,527.18 Construction of 1,363 LF of 24", 1,085 LF of 16" DIP & 1,000 LF of 12" DIP Gravity Sewer pipe including, 11 manholes and 108 service laterals at major arterial roadways in central metropolitan City of Miami. Florida Keys Aqueduct Authority/ Eden Pines, Pine Channel Estates Tropical Key Colony/Beach Dr. Distribution Upgrade Project Completion:11/2012 Project Role:Project Manager Value:$2,634,600.15 Installation of 710 LF 8" PVC, 20,610 LF 6" PVC& 10,100 LF 4" PVC Water Main,Two Bridge Crossings, 712 Water Services City of Hollywood/Distribution Piping Upgrade for Short Term Scenario South 35'Ave from Hollywood Blvd.to Washington St. Project Completion:10/2011 Project role:Project Manager Value:$916,689.50 Installation of 3,000' of 24" and 30 Water Main. Approximately 400 IF of 30" HDPE via HDD under FDOT ROW. Including roadway reconstruction.Included a 30"x24"tap into an operational 30" PCCP Transmission Main. Florida Keys Aqueduct Authority/City of Marathon Water Distribution Main Project Completion:02/2011 Project Role:Project Manager Value:$2,507,000.00 Installation of Distribution Watermain 14,700 LF of 12" C900 PVC, 2,410 LF DIP, 1,310 LF 8" C900 PVC, 920 LF 6" C900 PVC including hydrants, 57 water services, and connections to existing mains. Work performed on Overseas Highway in the City of Marathon. Town of Davie,AECOM/Town of Davie Water&Waste Water System Expansion Project Completion:12/2011 Project Role:Project Manager Value:$1,387, 192.00 Installation of yard piping and offsite piping to wells. Sizes vary from 24" to 10" pipe and materials vary between HDPE,PVC,and DIP. Miami-Dade Water&Sewer Department/South District Wastewater Treatment Plant—Effluent Pump Station Piping—Contract S-817 Project Completion:11/2011 Project Role:Project Manager Value:$907,672.00 Installation of 225' LF of 60" PCCP, 2 cut in 72"x60" connection to existing 72" PCCP, installing 70' IF of 72" PCCP, connection of the 60" PCCP to existing Effluent Pump Station Wet Well, Install 115 LE of 90" PCCP, 5 — 60" Butterfly Valves, 1—42" BFV, 2 -36" BFV, installation of a 72" x 24" TS&V, and the installation of 72" x 30"TS&V. Installation of 440 IF of 42"DIP Force Main and 70 LF of 24" DIP Force Main. Key Largo Wastewater Treatment District/South Transmission Main Project Role:Project Manager Project Completion:11/2011 Value:$3,790,000.00 CAO I 1 8 Daniel Gonzalez Senior Project Manager Installation of 30,000 LF of 4" —16" PVC FM via Open Cut, 31,000 LF of 8"to 18" HDPE FM via Slip lining through an existing decommissioned 30" DIP WM, 261 IF HDPE HDD, 250 LF HDPE HDD, 354 LF HDPE HDD & 76 LF HDPE HDD FM via HDD Key Largo Waste Water Treatment District/Vacuum Sewer Collection System Project Completion:11/2011 Project Role:Project Manager Value:$17,277,889.21 Construction of over 100,000 LF of Vacuum Sewer Collection system from 4" to 12" PVC pipe, 674 Vacuum Pits, 2100 cleanouts and 45,640' IF of 6" Gravity Sewer Laterals. Miami-Dade County Poole &Kent/South District Wastewater Treatment Plant Chlorine Tank Contract S-812 Project Completion:01/2011 Project Role:Project Manager Value:$1,785,368.36 Installation of 232 LF of 120" PCCP, 310 LF of 108" PCCP, 560 LF of 96" PCCP, 120 LF of 84" PCCP, 160 IF of 72" PCCP and 320 LF of 60" PCCP Force Main. Miami-Dade Water and Sewer Department, Poole & Kent/ South District Wastewater Treatment Plant HID upgrade MGD Filter System—Contract 5-805 Project Completion:06/2009 Project Role:Project Manager Value:$1,485,115.00 Installation of 234 LF of 120" PCCP, 394 LF OF 108" PCCP,975 LF LF OF 96" PCCP, 122 LF OF 84" PCCP, 139 IF OF 72" PCCP and 393 LF OF 60" PCCP Force Main. Miami-Dade Water&Sewer Department/Alexander Orr Water Treatment Plant—96" PCCP Filter Interconnect Contract W-895 Project Completion:2009 Project Role:Project Manager Value:$2,012,982.00 Construction of 170 LF of 96" PCCP WM and three 96" Butterfly Valves. City of Miramar/East Miramar Water Main Improvements Project Completion:2009 Project Role:Project Manager Value:$1,514,377.05 Installation of approximately 3,420 LF 12" DIP WM, 1,000 LF 8" PVC WM, 18,000 LF 6" PVC WM, 248 Water Services and 280 LF 14"/10" HDPE Directional Drill.Included complete roadway restoration in residential area. Miami-Dade Water & Sewer Department/ South District Wastewater Treatment Plant HLD Upgrade to 285 MGD—Yard Piping—Contract S-813 Project Completion:04/2009 Project Role:Project Manager Value:$8,967,000.00 Installation of 1,154 LF of 120" PCCP, 642 IF 108" PCCP, 616 LF of 96", 234 LF of 84" PCCP, 2,847 IF of 48" DIP, 315 IF of 36" DIP Force Main. Village of Key Biscayne/Zone 1 and Zone 4 Water Main Replacement and Sanitary Sewer Project Project Completion:12/2009 Project Role: Project Manager Value:$6,300,00.00 CAO 116 Daniel Gonzalez Senior Project Manager Replacement of 18,882 LF of 8" to 12" Gravity Sewer, 86 precast manholes, Replacement of a Duplex Sanitary Sewer Lift Station. Replacement of existing AC WM with 22,400 LF of 8" Water Main including 165 water services and fire hydrants. Miami-Dade County Park Department/Black Point Marina Sewer Connection Project Completion:2008 Project Role:Project Manager Value:$1,092,220.00 Sanitary Sewer improvement City of Ft. Lauderdale/Imperial Point large Water Mains—Phase I Project Completion:2009 Project Role:Project Manager Value:$3,186,525.00 Installation of 232 LF of 9,750 LF of 16" DIP WM and 1,265 LF of 10" DIP WM in the Imperial Point residential neighborhood.Project included full restoration of NE 56 St. Miami-Dade Water&Sewer Department/Installation of 42",36",24"&36"Raw Water Mains for South Miami Heights—Contract W-861 Project Completion:2008 Project Role:Project Manager Value:$3,668,758.60 Installation of 740 LF of 42",2,600 LF of 36", 4,000 LF of 24" and 3,200 LF 16" C-905 PVC Raw Water Transmission Mains for South Miami Heights treatment plant Miami-Dade Water and Sewer Department/Emergency P0112 Project Duration:1 Month Project Role:Project Manager Emergency repair to route 2 48" concrete Water Main at SW 87 ave and between SW 179 St and SW 180 St by dig and replace. Miami-Dade Water and Sewer Department/Emergency P0114 Project Duration:1 Month Project Role:Project Manager Emergency Construction of 4 access MH structures on existing 96" pre-stressed concrete Water Main on SW 72 ST at SW 107 AVE,113 Court, 117 AVE,and 118th Ave. Miami-Dade Water and Sewer Department/Emergency Repair to 96"Concrete Water Main Project Duration:1 Month Project Role:Project Manager The project consists of removal and replacement of one 20-foot length of 96" pre-stressed concrete water main at SW 72"d Street and SW 109`h Avenue. Miami-Dade Water and Sewer Department/Turnberry Way Project#P0066 Project Duration:1 Month Project Role:Project Manager Installation of 8" DIP and HDD approximately 600 LF of 10" HDPE Miami-Dade Water and Sewer Department/Emergency Repair Rehab 72"Gravity Sewer Project Duration:1 Month Project Role:Project Manager The project consists of removal and replacement of one 20-foot length of 96-inch pre-stressed concrete water main at SW 72"d Street and SW 109`h Avenue. CAO 1 .18 440 1*z, METRO METRO EQUIPMENT SERVICE, INC. Collier County Golden Gate City Transmission Water Main Improvements— Phase 18 Bid Bond CAO 118 FORM 7-BID BOND l THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we Metro Equipment Service,Inc. herein after called the Principal)and Travelers Casualty and Surety Company of America,....,,,.., , (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in the city of _.__,..._..__Hanford and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners hereinafter called the Owner),in the full and just sum of Five Percent of Amount Bid dollars($ 5%of Amount B L)good and lawful money of the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally and firmly by these presents. Whereas,the Principal is about to submit,or has submitted to the Owner,a Bid for furnishing all labor,materials, equipment and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No. 23-8115 Golden Gate City Transmission Water Main Improvements-Phase 1B. NOW,THEREFORE,if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of thefailureofthePRINCIPALtoenterintosuchAgreementortogivesuchbondorbonds,and deliver to Owner the required certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 3rd day of May 20 23 Metro Equip lent Service,In ,9425 SW St.,Ste 150,Miami,FL 33173 Principal BY Ill 'L Seal) Travelers Ca : d Surety Company of America,One Tower Square,Hartford,CT 06183 Surety I, ! LO-, °•40 ` -t t419"1.} Seal) Charles u ri!son,Attp1n Fact Countersigned Itd Charles D.Nielson,Licensed Resident Agent Appointed Producing Agent for Nielson,Hoover and Company,15050 NW 79th Court,Suite 200,Miami Lakes,fl.330'10 CAO 11g Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS)St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called theCompanies*);and that the Companies do hereby make,constitute and appoint David R Hoover,Kristy L Collins,Jarrett Meriucci,Shawn A.Burton,CHARLES D NIELSON,CHARLES J NIELSON,JOSEPH P NIELSON,and IAN A NIPPER of Miami Lakes,Florida,their true and lawful Attorneys)-in-Fact to sign,execute,seal and acknowledge any and all bonds,recognizances, conditional undertakings and other writings obligatory in thenaturethereofonbehalfoftheCompaniesinthe,r business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts andexecutingorguaranteeingbondsandundertakingsrequiredorpermittedinanyactionsorproceedingsallowedbylaw. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. ,a osu n\ " tiHARTFORD,'l• ' COMMA A CONN, A 4( 4, State of Connecticut By: Robert Raney, Senior Vice President City of Hartford ss. On this the 21st day of April,2021,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of eachoftheCompanies,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. j, IN WITNESS WHEREOF,I hereunto set my hand and official seal. vx j/ v 4 ' My Commission expires the 30th day of June,2026 Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies. which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,anySecondVicePresident,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact andAgentstoactforandonbehalfoftheCompanyandmaygivesuchappointeesuchauthorityashisorhercertificateofauthoritymayprescribetosignwiththeCompany's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature ofabond,recognizance, or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any VicePresidentmaydelegatealloranypartoftheforegoingauthoritytooneormoreofficersoremployeesofthisCompany,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditionalundertakingshallbevalidandbindingupontheCompanywhen(a)signed by the President, any Vice Chairman, any Executive Vice President, anySeniorVicePresidentoranyVicePresident, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or anyAssistantSecretaryanddulyattestedandsealedwiththeCompany's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal,ifrequired)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,anyVicePresident,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to anyPowerofAttorneyortoanycertificaterelatingtheretoappointingResidentVicePresidents, Resident Assistant Secretaries or Attorneys-in-Fact forpurposesonlyofexecutingandattestingbondsandundertakingsandotherwritingsobligatoryinthenaturethereof.and any such Power of Attorney orndinguponpanyand by such facsimile signature ficate bearing such ' and facsimile seal hamilesignatureorlllibevalid e seal and binding ll be valid oon the dCompany the the rfutu a with respe t to any ny such rbondsoxor understanding ecuted and l to which it is attached, I.Kevin E.Hughes,the undersigned,Assistant Secretary of each of the Companies,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 3rd day of May 2023 . E !Vic—. HAROORO1 ge9 4,10f e h M ``R C x1ttJ I r Kevin E.Hughe ,Assistant Secretary To verify the authenticity of this Power of Atthrney,please call us at 1-800-421-3880.Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. CAO 1 1 B 641 METRO METRO EQUIPMENT SERVICE, Collier County Golden Gate City Transmission Water Main Improvements— Phase 1B 1. Experience performing large utility main construction (12" or larger) within a FDOT Right of Way including installation of horizontal directional drills within the last 12 years• CAO 118 Cn m o C ZO C w T a)c0 F lL H E tl. C q C '' S' U C C N 6 N o2 m o... a m C j O C 2 H N Ego 1u roam ogvj 0 C } U to T C C E > Cy t.. U - N C C C L aco„ ,„, N E . ; m ma ' acO and o '^ omop 097 u,to' O m 20 E n'o d m m ?LL a. 5. E o S-33c mmE CCM cQ .m LL aCCa' i 0 vC w o 5 d m 3 g 2-4 u qU47) m N 6 `o o, m m a O v, 2 N g Lf' Ed511.- 1 . .nc o`rc 0 3`E ni 'v a od m m a. C m4Q2 E y v 3 o, 7 x a > E o ''' m . m p o O C a W C 6. p o p C O N NQ ?.O Oa. C N QMm p'y m C,.m.to N = E_as c 0 m LLJ W 1LL77 J J O E'5 O O-, O u-LL O a O CQ, a >.0 Q a N S O w Ua' yO m 0 QO da ,c..31..., O p DNf6E E '.N.. N Q)Q(n m to M G y.. C C y r rn O O O N y 0 0 0 O(J Iss c7o O,N m "' N O O p m O.-1 O O a.n C NE >,rnm 3215 aC `L= vw 14 IC?) tLO 4 m_' oil re m `0 Cat O'N > ' O C C Q1 C C C 11 2 Ce to G C 0 m e- to O 0 Q V o 00 p c1 tO N OD 0 : :'tie, CO aJ N N CO Vi tii VD N L Co)11 a 0 i Tcas a co 3 fV e.c C 0umo E o, r E o n U u 14 C o @.E C.) c @ C C o E o a 51 8 V T E L) rr Q on N rN co if M Q c7 r rn cn IM O 1 U__ cm cCm m V ro E d m C a NCtm uC 0 ' E O 2' Qi L C7 LLI d' c U C 0 fg c o m C D r O Q o g. U. S 5 Oo ON C a C 2a rn C m m 2 3 N 2a E O a N 2 w o U E N c is JoV N O C c E M 7 ;Ls C M t7 ui- A v O Ito u.. Y m roN O 2'T U N 0) C ma E oCo CAO6avianu)U 11B stillIETRO METRO EQUIPMENT SERVICE, INC. Collier County Golden Gate City Transmission Water Main Improvements— Phase 18 2. Experience installing at least (1) mile of large diameter (12" or larger) pressure main through residential and/or commercial areas within the last 12 years CAO I18 0 oc m m po5DCN 9aO p a 7p O< j". N C y C v- LL Q t9 I$ 3-Ccw0E0 cpwc m- 'S _- Es c'S E i > c(Y rn- 0 Eao 04. >4 U EJOLE .. U ppJ O C 8 C 4,7 c)O O— y T T3"y 02 u _E. a cg o.6 O 'Nc'2 o m1 p o v a A. o N ny — _ d N NCi42EZ. o-` 02un4_ ,O c, O m v 0- c 2wj=S 0 0s =° C M N O N y w U C e C QoLE oo of 7 JJCS 525 j2rip-8 LL <0U Cmv y 0 00 O N N> c0 N u. C o r-o r C LL C m Uo 00 0 N O 4) 0 >:- ri 0rn M rD N cw I Q N va E U yCNV! EG. a e 0 a R E Ug O2 W c o 4.to5. c d o E E E! ,„ Ci N E m E', E a E r y 0cv e6 CS w N 0N 0 a d tp N0 as c, N. Ln 8l0rnM00r C CMv 0 as U U) 2 0 w u y m o 0 i z mI m W b o s s N ii C C aE E m mco o 0 c E a`: m C a@ 0 O N N 0 Nn y m m e T. g E 040 CA® u.5 cr 1 e METRO METRO EQUIPMENT SERVICE, INC. Collier County Golden Gate City Transmission Water Main Improvements— Phase 1B 3. Reference information for Projects with Horizontal directional drills of 12" or larger pressure main as a single bore within the last 12 years. Centerline Directional Drilling Service, Inc.) C 1 18 CENTERLINE Directional Drilling Service, Inc. P.O.Box 2705 LaBelle,FL 33975 P:863.674.0913 F:863.674.0912 •E:cdirectionaldrilling@hotmail.com FEIN:65-0961941 LICENSE#:CUC1225062 INTRODUCTION Centerline Directional Drilling Service, Inc. (CDDS, Inc.) started operation in 1999, and is an Underground Utility Contractor that specializes in Horizontal Directional Drilling for the past 21 years.Centerline Directional Drilling Service, Inc.specializes in the installation of underground and underwater conduits for electric,fiber optic,gas,sewer,water,etc. CDDS,Inc.has worked across the state of Florida with contractors that include the following but not limited to: David Mancini & Sons, Inc., Felix Associates for Florida, Danella Utility Construction, Inc., Metro Equipment Service, Westra Construction, Southern Underground Industries,Inc.,etc. EQUIPMENT Centerline Directional Drilling Service,Inc.is equipped with Rigs from 36,000 to 660,000 lbs. Pull back that include but are not limited to:DD-660T American Auger Track-Mounted HDD Maxi Rig(660,000 lbs.Pull Back),two(2)DD-440 American Augers Track Mounted Directional Drilling Rig(440,000 lbs.Pull Back),DD-220 American Auger(220,000 lbs.Pull Back), D330x500 Vermeer,240x500 Vermeer,two (2)D100x140 Vermeer's,two(2)D100x120 Series II Vermeer's,D60x90 Vermeer,two(2)D40x55 Vermeer,two(2)D36x5011 Vermeer,D24x40A Vermeer,etc. Centerline Directional Drilling Service,Inc.'s equipment and tool inventory consists of various sizes of excavators,three(3)Tulsa TT660 Mud Model#MP660 mud pumps(660 gallons per minute capacity),two(2)American Auger MCR-1000 Mud Recyclers(Capacity of cleaning 1,000 gallons per minute), Mud Tech Pump MPT-475 (10,000 gallons Capacity),two(2) R9x12T Vermeer Mud Mixing Systems(800 gallons per minute),two(2)Tulsa Mud Reclaimers 800 gallons per minute),Weatherford Mud Pump (650 gallons per minute),smaller mud pump machines,backhoes,vacuum trucks,light towers,mud motors(drilling pilot hole(s))12" to 74"hole openers,reamers,etc. MISSION STATEMENT Guided by Centerline Directional Drilling Service,Inc.accomplished CEO&President,Laura Acevedo has engaged his 50 employees to become not only a specialized team,but visionary professional leaders that use their knowledge and good worth ethic to meet if not excel in completing diverse projects.Our Client's satisfaction is what we strive to accomplish no matter the size of the project. REFERENCES Centerline Directional Drilling Service,Inc.strives to exceed our client's satisfaction no matter the project size.Over the years we have several completed projects and enclosed are some of our references,certifications. Direr+lead Downy DenMee CAO 1 1 g Q W Nv es IN to) enJO N 4,1 a N do 0. i 4 C 6a) LL 0 ot N ooHc O O c OO ti N t d d y o m o d d00 M .y aY N l0 sa o m 0 0 0 0 LS O O o a t° 3LL To U. W U. L. U. - U. ra U.U.J _U. . p pp .p J N Q O N5 O tV C 01 §p fl' W td...... Kf § n - to A e-1 hA fV NCO .-1 V' •4 fY O 10 M.....__.._...,,._. ei 'i s..., H .4 t0 to w m w d m u n+ E d m a a O 2 2 mm m o dommmmmm 0m mm nme co coti 10 C 4 '°C C £..G c c p o r 0 0 o c o 2 0 o g Q 8 8.8 8 IL tttt a s o0000 o 5o 00 0000 o o s 0 74 .. ea o 0 1v rs its .8 v M N M o- e m M m .-4 .M N •.11 d . 4 H A M e1 .8 A A A N ToGuC to LSriNO2CfyaO. O 41 d Fae t- cI J H c Y u fi .-4 ‘O v Z dtol W o m d NM U d ts t Li z ,c n a uo h o + d eakk elU .2 of c 1 a N N .- 10 N >cu 's E v o0oa '' r. 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N N i0) j mom V 'ID ID (17 a ai v a C 0 0 a v D a Imo 4)4) Q E a) v' 0 Ems Ls t/! 4 cu C 0 in A a LL• u. co CAO 11B el C wilm O• N 0 H y,, N an0I row 0 in QN EMI 0 ,ct v> i V a ;L Mo. Z 11) C a o o N to 0 mi.uo 111 m 141 CI0) x .a. Q iy it Cf. coo Ih la O cu U ID 4. 0 in ut (1) MIEN ...... 64 tit 0 a, _ 0 0 OEM s .- 2 L o Ci ii - 5, cc CAO 118 I I) c H N o N C U r N N Q, WWI i in uli.m a- t Z 1) _ O. C o 0 - N 4 W Q I""" 12 ti's io0 aQ co) k CV 4 C7)Ri 41 E ''' '- r; 4) V/ h 0 . E 0 n `': a 0 W i= 0 a H tom/! 0 m 0. V, Q) 8 5 to q)L cr.V e o tii di CD E oin2 0 h V w 41 CAO 118 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Carlos Millat Construction Superintendent Daniel Gonzalez Project Manager 10 Construction Services Agreement:[2022_ver.4] CAO 1 1 B EXHIBIT B-1: PUBLIC PAYMENT BOND Bond No. 107844049 Contract No. 23-8115 KNOW ALLMEN BY THESE PRESENTS: That Metro Equipment Service,Inc. as Principal, and Travelers Casualty and Surety Company of America as Surety, located at ONE TOWER SQUARE,HARTFORD,CT 06183 Business Address) are held and firmly bound toThe Board of County Commissioners of Collier County as Obligee in the sum ofThirteen Million Nine Hundred Eighty Three Thousand Nine Hundred Seventy Nine Dollars and 70/100($ 13,983,979.70 ) 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 4,-/9'-'S-Y Golden Gate City Transmission Water Main Improvements-Phase 1 B-Bid No.23-811520Z-3 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of t' 20 the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement:[2022_ver.41 11B Signed, sealed and delivered in the presence of: PRINCIPAL Metro quipment Service,Inc. BY: Witnesses as to Principal NAME: o 0 ITS: STATE OF "4"102 Cu.1 COUNTY OF /..Maui Dade_ The foregoing instrument was acknowledged before me by means of sical presence or online notarization, this 27T` day of June 20 2,3, by O26C- L. Goz y as per, Lperwr of Metro Equipment Service,Inc. a Florida corporation, on behalf of the corporation. 0 is personally known to me OR has produced as identification and did ( did not) take an oath. My Commission Expires:4470Z-t+444— Signature of Notary Public)rhdoNdowilimaimehmamoibmobab 0 < r'y''•. ROSAMARTINEZ t _ f `.) Notary Public-State of Florida NAME: 'M CJ 'ne ^ Commission N HH 268494 My Comm.Expires Sep 9,2026 F I Bonded through National NotaryAssn. I Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of r tort CIO Commission No.: 1- 1 1-1 2.2 4°'-, ATTEST: SURETY: Travelers Casualty and Surety Company of America Printed Name) ONE TOWER SQUARE HARTFORD,CT 06183 Business Address Authorized Signature) Witnesses to Surety Printed Name) 12 Construction Services Agreement:(2022_ver.41 CAO 1 18 OR 0./(-AL'cl" atti.60.-/44451.3 As Attorney in Fact Attach Power of Attorney) Charles D.Nielson,Attorney-in-Fact itness'es Printed Name) ONE TOWER SQUARE HARTFORD,CT 06183 Business Address) 860)277-0111 Telephone Number) STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me by means of ® physical presence or D online notarization, this 27th day of June 20 23 , by Charles D.Nielson as Attorney-in-Fact Of Travelers Casualty and Surety Company of America, a Connecticut corporation, on behalf of the corporation. He/she is personally known to me OR has produced Personally Known) as identification and did (did not) take an oath. i My Commission Expires: v` October 15,2026 Signa ure of Notary Public) Name: Dania Banks Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: HH 277043 DANIABANKS MY COMMISSIONS HH 277043 5 EXPtRE..S:OcbDer,5.202E The provisions and limitations of Section 255.05 Florida Statutes. including but not limited to the notice and time limitations in Sections 255.05(2) and 255.05(10)are incorporated in this bond by reference. 13 Construction Services Agreement:(2022_ver.4] i T 118 Travelers Casualty and Surety Company of America fi . Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the Companies"), and that the Companies do hereby make,constitute and appoint David R Hoover,Kristy L Collins,Jarrett Merlucci,Shawn A.Burton, CHARLES D NIELSON,CHARLES J NIELSON,JOSEPH P NIELSON,and IAN A NIPPER of Miami Lakes,Florida,their true and lawful Attorney s)-in-Fact to sign,execute,seal and acknowledge any and all bonds,recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in the,r business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed,this 21st day of April, 2021. Er:3:HART=ORD liftk itG State of Connecticut y City of Hartford ss. Robert f2Raney, Senior Vice President On this the 21st day of April,2021,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. f ryMyCommissionexpiresthe30thdayofJune,2026 tiopRy t, r r fi Anna P.Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President, any Senior Vice President,any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity, or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E.Hughes,the undersigned,Assistant Secretary of each of the Companies,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of tHAR7=0RD.:= ;RAID, i J'''o, CONN. o Y. n 1 t/ J c`FQ G VAX a c 4 Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. 1 1 E EXHIBIT B-2: PUBLIC PERFORMANCE BOND Bond No. 107844049 Contract No. 23 8115 KNOW ALL MEN BY THESE PRESENTS: That Metro Equipment Service,Inc. as Principal, and Travelers Casualty and Surety Company of America as Surety, located at ONE TOWER SQUARE,HARTFORD,CT 06183 Business Address) are held and firmly bound to The Board of County Commissioners of Collier County as Obligee in the sum of Thirteen Million Nine Hundred Eighty Three Thousand Nine Hundred Seventy Nine Dollars and 70/100 13,983,979.70 for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for Golden Gate City Transmission Water Main Improvements-Phase 1 B-Bid No.23-8115 accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses,damages, costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of vxt 20 the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement:[2022_ver.4[ 11g Signed, sealed and delivered in the presence of: PRINCIPAL Metro Equi ent Service,Inc. BY: t ses o Principal NAME: G C. 6 Odo ITS: ; emu_•r STATE OF Ci0e104 COUNTY OF µrgtiaw70,Ac The foregoing instrument was acknowledged before me by means of aihysical presence or 0 online notarization, this -)774 day of J nt! 20 2-S, by DQGis L. GC),0 as er `t C:)EfJT of Metro Equipment Service,Inc. a Florida corporation, on behalf of the corporation. HEls e is personally known to me OR has produced as identification and did ( did not) take an oath. My Commission Expires: 9(4jZ>o2 Ste Signature of Notary Public) 100"a' ROSA MARTINEZ 1L1 , Notary Public-State of Florida Name: (}Ca.. M A e. 1 n e.2' d Commission#NH 268494 ofn,.' My Comm.Expires Sep 9,2026 bonded through National Notary Assn. Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of: Flor[d a- Commission No.: W N ZL4-1 q44 15 Construction Services Agreement:12022_ver.4) t 118 ATTEST: SURETY: Travelers Casualty and Surety Company of America Printed Name) ONE TOWER SQUARE HARTFORD,CT 06183 Business Address) Authorized Signature) Witnesses as to Surety Printed Name) OR L.6 As Attorney in Fact Attach Power of Attorney) Charles D.Nielson,Attorney-in-Fact nesse Printed Name) ONE TOWER SQUARE HARTFORD,CT 06183 Business Address) 860)277-0111 Telephone Number) STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me by means of EN physical presence or 0 online notarization, this 27th day of June 2023 , by Charles D.Nielson as Attorney-in-Fact of Travelers Casualty and Surety Company of America a Connecticut corporation, on behalf of the corporation. He/she is personally known to me OR has produced Personally Known) as identification and did ( did not) take an oath. My Commission Expires: ore October 15,2026 igna re of Notary Public) Dania Banks Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: HH 277043 EIS151111M Mr 11 2O DANIABANKSMYCOMMISSION#HH 277043 Construction Services Agreement:[2022ver.4) 26 CAO 11g EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below fisted minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 17 Construction Services Agreement:[2022_ver.4] CAO 11 $ Contractor under this Agreement or any other agreement between'the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement:[2022_ver.4] CAO 118 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me,the undersigned authority, personally appeared who after being duly sworn, deposes and says: 1) In accordance with the Contract Documents and in consideration of $ to be received, Contractor") releases and waives for itself and it's subcontractors, material- men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. 2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. 3) Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits,actions,claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. 4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization,this day of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did ( did not)take an oath. My Commission Expires: Signature of Notary Public) NAME: Legibly Printed) Notary Public, State of AFFIX OFFICIAL SEAL) Commissioner No.: 19 Construction Services Agreement:12022_ver.41 CAO 11t EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name& Payment Application No. Address: Original Contract Time: Original Contract Price: Revised Contract Time: Total Change Orders to Date: Revised Contract Amount: Total Value of Work Completed & $ Stored to Date: Retainage @5%through $ Retainage @ 5%through [Insert $ Insert Date] date] Retainage @ Less Retainage after[Insert date] Total Earned Less Retainage Less previous payment(s) Percent Work Completed AMOUNT DUE THIS to Date:APPLICATION: Percent Contract Time ok Completed to Date: Liquidated Damages to $ Remaining Contract Balance Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 20 Construction Services Agreement:[2022_ver.4] CAO 118 EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO KNISH RETAINAGE RETAINAGE RETAINACE PREVIOUS APPLICATIONS THIS STORED reduced rate) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE 17 ,11w:!k t Asli TOTALS Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column.This states what has happened since the change in retainage. 21 Construction Services Agreement:[2022_ver.4] CAO 118 Exhibit D Continued) Stored Materials Record Formula: A+ B-C- D = E A B C D E Balance Invoice Previously Received Previously Installed To Date Description Supplier Number Received This Period Installed This Period Install J I I _- 22 Construction Services Agreement:[2022_ver.41 CAO 118 EXHIBIT E: CHANGE ORDER Procurement Services Co7L'Y is i4 lGy Change Order Form Contract Modification 0 Work Order Modification Contract#: Change#: Purchase Order#: Project#: Contractor/Firm Name: Contract/Project: Project Manager Name: Division Name: Original Contract/Work Order Amount 1Original BCC Approval Date;Agenda Item# Current BCC Approved Amount Last BCC Approval Date;Agenda Item# Current Contract/Work Order Amount SAP Contract Expiration Date(Master) Dollar Amount of this Change DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 DIV/0! Change from Current BCC Approved Amount Cumulative Changes 0.00 DIV/0! Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) of Days Added Select Tasks Add new task(s) Delete task(s) Change task(s) Other Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract I work order identified above and will be subject to all the sametermsandconditionsascontainedinthecontract/work order indicated above,as fully as if the same were stated in this acceptance.The adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/ Design Professional arising out of or related to the change set forth herein,including claims for impact and delay costs. Accepted by: Date: Contractor/Vendor/Consultant/Design Professional and Name of Firm,if project applicable) Accepted by: Date: Design Professional and Name of Firm,if project applicable) Approved by: Date: Division Director or Designee) Approved by: Date: Procurement Professional) watx}nrxCrr trse rr t t2,vwed 74tl Ti§Z-' D siunc who way mquiiw a1dit;onai aztjethttosw may include no separate s.her2;l _ 1,1m4r 1 q'4 1 E4f;t.Fd 23 Construction Services Agreement:[2022_ver.4] CAO 116 Change Order/Amendment Summary COST TIME CO# AMD# Description Additive Deductive Days New Justification u u Added Amount Fu's,lidQ.o IvTiSHI1iiTiVilA rh-1a.'l r8QUrc a(;dlttc,f4al S1QndtifnBS^'dy Include On SEQASaYe IbEet.,f r PfiGCL REMENT USE Of Y 24 Construction Services Agreement:[2022_ver.4] CAO 1 1 g EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR: Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) issufficientlycompleteinaccordancewiththeContractDocumentssothattheOwnercanoccupyorutilizetheWorkforitsintendeduse.The Work to which this Certificate applies has been inspected by authorized representativesofOWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failuretoincludeaniteminitdoesnotaltertheresponsibilityofCONTRACTORtocompletealltheWorkinaccordancewiththe Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Construction Services Agreement:[2022_ver.4] CAO 11B OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title 26 Construction Services Agreement:[2022_ver.4] 11g EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.:PO No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: Company Name) Signature) Typed Name &Title) By Design Firm Name) Professional: Signature) Typed Name &Title) By Owner: Department Name) Signature) Name &Title) 27 Construction Services Agreement:[2022_ver.4] CAO 11f3 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly,but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 28 Construction Services Agreement:[2022_ver.4] CAO 118 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 isresponsibleforcoordinatingallotherutilityworksoastonotinterferewiththeprosecutionoftheWork (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditionswhichdiffermateriallyfromthoseindicatedintheContractDocumentsor (ii) unknown physicalconditionsofanunusualnature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in theContractDocuments, and which reasonably should not have been discovered by Contractor as partofitsscopeofsiteinvestigativeservicesrequiredpursuanttothetermsoftheContractDocuments, 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 differmateriallyandcauseanincreaseordecreaseinContractor's cost of, or time required for,performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustmenttoContractor's compensation or time for performance, or both, for such Work. If Owner determinesthattheconditionsatthesitearenotmateriallydifferentfromthoseindicatedintheContractDocumentsornotofanunusualnatureorshouldhavebeendiscoveredbyContractoraspartofitsinvestigativeservices, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in etfect. Unless otherwise specified, work will generally be 29 Construction Services Agreement:[2022_ver.4] 118 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with acompletedcopyoftheApplicationforPaymentformsignedbytheContractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order.Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's priorwrittenapproval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment andPerformanceBondspriortothefirstApplicationofPaymentprovidedthatContractorhasfurnishedOwnercertifiedcopiesofthereceiptsevidencingthepremiumpaidbyContractorforthebonds. 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 notbeenincorporatedintotheProject. If payment is requested on the basis of materials and equipmentnotincorporatedintotheProject, but delivered and suitably stored at the site or at another location,and such payment and storage have been agreed to by Owner in writing,the Application for Paymentalsoshallbeaccompaniedbyabillofsale, invoice or other documentation warranting that the Ownerhasreceivedthematerialsandequipmentfreeandclearofallliens, 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 besubjecttotheOwner's satisfaction. Thereafter, with each Application for Payment, Contractor alsoshallcompleteandsubmittoOwneraspartofitsApplicationforPayment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to theContractorindicating, in writing, the reason for refusing to approve payment. Payments of properinvoicesintheamountsapprovedshallbeprocessedandpaidinaccordancewithSection218.735,F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the ProjectManager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction Services Agreement:[2022_ver.4] CA4 1 1 g stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes,shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255. 078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt ofpaymentinfullforallmaterials, labor, equipment and other bills that are then due and payable byOwnerwithrespecttothecurrentApplicationforPayment. Further, to the extent directed by OwnerandinOwner'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 thateachSubcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailedProjectFundingSchedule, 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 earlycompletionoftheWorkshallmodifythetimeofpaymentstoContractorassetforthintheapproved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performedunderthisAgreement, Contractor shall continue to perform the Work required of it under thisAgreementpendingresolutionofthedisputeprovidedthatOwnercontinuestopayContractorall amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt andapprovalofinvoicessubmittedonthedateofservicesorwithinsix (6) months after completion ofcontract. 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 theessencewithrespecttothetimelysubmissionofinvoicesunderthisagreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a paymentvehicleforgoodsand/or services purchased as a part of this contract. The County may not acceptanyadditionalsurcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement:[2022_ver.4] CAC is 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise dueContractorunderthisAgreementoranyotheragreementbetweenOwnerandContractor, 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 rectifyingthesituationatContractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County byapplyingtheamountowedtothevendororcontractorforservicesperformedofformaterials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity inwhichtheCompanyoraParentoraSubsidiaryoftheCompanyholdsanyownershipinterest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and theClerkofCourt's Finance Department after the Work is finally inspected and accepted by ProjectManagerassetforthwithSection20.1 herein, provided that Contractor first, and as an explicitconditionprecedenttotheaccrualofContractor's right to final payment, shall have furnished OwnerwithaproperlyexecutedandnotarizedcopyoftheReleaseandAffidavitattachedasExhibitC, aswellas, 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 completetheFinalPaymentChecklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Constriction Services Agreement:[2022_ver.4] CAO 116 those previously made in writing in accordance with the requirements of the Contract DocumentsandidentifiedbyContractorasunsettledinitsfinalApplicationforPayment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce anyobligationsofContractorhereunderortotherecoveryofdamagesfordefectiveWorknotdiscovered 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 beacceptedbyOwnerifsufficientinformationissubmittedbyContractortoallowtheOwnerto determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposedsubstituteshalladequatelyperformthefunctionsandachievetheresultscalledforbythegeneral 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 notacceptanceofthesubstituteforuseintheWorkwillrequireachangeinanyoftheContractDocuments (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, includingcostsforredesignandclaimsofothercontractorsaffectedbytheresultingchange, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project ManagermayrequireContractortofurnishatContractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement:[2022_ver.4] CAO l , 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments,Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations andclarificationsissuedbytheDesignProfessional, in good order and annotated to show all changes 34 Construction Services Agreement:[2022_ver.4] 1 1 g made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(a colliercountvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construction Services Agreement:[2022_ver.4] CAO 118 agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Construction Services Agreement:[2022_ver.4] CAO 118 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 if Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent 15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight 48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction Services Agreement:[2022_ver.4] 11g ! the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement:[2022_ver.4] CAO 11 Et any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractcr's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement:[2022_ver.4] CAO 11e If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement:[2022_ver.4] CAO 11 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or(3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven (7)calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the fuil amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement:[2022_ver.4] CAO 11B or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion)is substantially complete.Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement:[2022_ver.4] CAO h 1 g not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: 1) Receipt of Contractor's Final Application for Payment. 2) The Release and Affidavit in the form attached as Exhibit C. 3) Consent of surety to final payment. 4) Receipt of the final payment check list. 5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers,fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construction Services Agreement:[2022_ver.4] CAO 118 expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections,tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 Construction Services Agreement:[2022_ver.4] CAO 11 Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto,take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement:[2022_ver.4] CAO 11B of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors,agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 46 Construction Services Agreement:[2022_ver.4] CAO 11B I shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight 48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement:[2022_ver.4] CAO 116 Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5. 5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 48 Construction Services Agreement:[2022_ver 4] 1 I 8 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 49 Construction Services Agreement:[2022_ver.4] CAO 118 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction Services Agreement:[2022_ver.4] 11g The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order. (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction Services Agreement:[2022_ver.4] 11g 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 bySubcontractorfordelayoradditionalcostmustbesubmittedtoContractorwithinthetimeandinthe manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 52 Construction Services Agreement:[2022_ver.4] CAO 118 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on theProjecttotheCollierCountyBoardofCountyCommissioners, "Board", up to two (2) times percontractterm. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail DL-FMOPS(a colliercountyfl.gov)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A"project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement:[2022_ver.4] 11B 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; andSTI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage ofhazardousmaterialsandpetroleumproducts. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlementreachedduringnegotiationstoOwnerforapproval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement:[2022_ver.4] CAO 118 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Attached hereto, following this page 1 Not Applicable 55 Construction Services Agreement:[2022_ver.41 CAO lie EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of the effective date to comply with legislative changes to Fla. Stat.. §218. 735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates. Fla. Stat., §255.077. Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (with an effective date of July 1, 2023). Page 1 of 1