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Agenda 09/10/2024 Item #16B 4 (Award invitation to Bid ("ITB") No. 24-8234, "Collier County Dune Restoration Planting - 2024", Project 33870)
16. B.4 09/ 10/2024 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 24-8234, "Collier County Dune Restoration Planting - 2024," to EarthBalance Corporation in the amount of $1,284,920.45, authorize the Chairman to sign the Agreement, and make a finding that this item promotes tourism. (Project 33870) OBJECTIVE: To restore the dune vegetation plantings throughout the upland dry beach portion of the recently renourished Collier County beach shorelines between Monument Markers R-1 to R-148.1. CONSIDERATION: The existing dunes in these areas were severely damaged by Hurricane Ian, removing much of the existing vegetation. Collier's 2023 Emergency Berm Project replaced a large amount of sand in the areas where the pre -storm dunes were located. Planting these areas will help stabilize the new berm, enhancing the protection of upland properties. Additionally, protection of the newly planted dunes will be provided with the installation of posts with signage directing beachgoers to stay off the dunes. On March 29, 2024, the Procurement Services Department posted ITB No. 24-8234 for construction of the "Collier County Dune Restoration Planting - 2024." The bid was advertised for a total of forty-five (45) days, staff conducted vendor outreach, and the County received one (1) bid by the May 13, 2024, submission deadline, as shown below. RESPONDENTS: Company Name City County ST Bid Amount Responsive/ Responsible EarthBalance Corporation North Port Sarasota FL $1,284,920.45 Yes/Yes Staff determined that the bidder was responsive and responsible, and that EarthBalance Corporation is the lowest, responsive, and responsible bidder. EarthBalance is a corporation formed in 1985 in the state of Florida and licensed to transact business in the state of Florida since 1985. Staff determined the lowest bid is fair and reasonable and recommends awarding the contract to EarthBalance Corporation. The Principal Project Manager evaluated references and deemed them acceptable to determine relevant experience of work of a similar magnitude judged within the last five years, which includes the contractor's prior experience, skill and business standing, and the contractor's ability to conduct the work as completely and timely as required under the terms of the Agreement. The bid is approximately 21 % lower than the Engineer's $1,618,516.25 opinion of probable cost. Staff concluded bidding was competitive and representative of market conditions. The bid tabulation, bid analysis, Engineer's letter of recommendation (DELORA), the Notice of Recommended Award (NORA) and contract are attached. This item is consistent with the Quality of Place Objectives of the County's Strategic Plan. ADVISORY COMMITTEE RECOMMENDATIONS: This item was approved by the Coastal Advisory Committee (CAC) on June 13, 2024 (5-0), and will be presented to the Tourist Development Council (TDC) on August 20, 2024 (8-0). GROWTH MANAGEMENT IMPACT: This item is consistent with the Conservation and Coastal Management Element of the Growth Management Plan. FISCAL IMPACT: Funding for the contract in the amount of $1,284,920.45, has already been appropriated within the Trans Grants Fund (1841), 2022 Hurricane Ian & Nicole Emergency Recovery Project (33870). The funding source for this project is the Florida Department of Environmental Protection (FDEP) grant 23CO2. No local match is required. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Packet Pg. 408 16. B.4 09/ 10/2024 approval. - CMG RECOMMENDATION: To award Invitation to Bid No. 24-8234 to EarthBalance Corporation in the amount of $1,284,920.45, for the Collier County Dune Restoration Planting - 2024 Project benefiting Collier County beaches, authorize the Chairman to sign the attached Construction Services Agreement, and make a finding that this item promotes tourism. Prepared By: Larry Humphries Project Manager II, Coastal Zone Management, Capital Project Planning Fees and Program Management ATTACHMENT(S) 1. [LINKED]24-8234 VS_EarthBalance (PDF) 2.24-8234 NORA (PDF) 3.24-8234 DELORA (PDF) 4.24-8234 Bid Tabulation (PDF) 5.24-8234 Insurance_Earth Balance (PDF) Packet Pg. 409 16.B.4 09/ 10/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.4 Doe ID: 29523 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 24-8234, "Collier County Dune Restoration Planting - 2024," to EarthBalance Corporation in the amount of $1,284,920.45, authorize the Chairman to sign the Agreement, and make a finding that this item promotes tourism. (Project 33870) Meeting Date: 09/10/2024 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Maria Becerra 07/26/2024 4:37 PM Submitted by: Title: Division Director - Capital Proj Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 07/26/2024 4:37 PM Approved By: Review: Procurement Services Vanessa Miguel Unknown Sarah Hamilton Transportation Management Services Department Transportation Management Operations Support Level 1 Purchasing Gatekeeper Other Reviewer Jeanne Marcella Department Tara Castillo Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Capital Project Planning, Impact Fees, and Program Management Andrew Miller Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Transportation Management Operations Support Michelle DAndrea Road Maintenance Ellen Sheffey TMSD Reviewer Transportation Management Operations Support Brandy Otero Grants Joanna Partyniewicz Level 2 Grants Review Procurement Services Osmanis Nieves Borjas Other Reviewer Procurement Services Sandra Srnka Procurement Director Review Transportation Management Services Department Trinity Scott Completed 07/26/2024 4:43 PM Completed 07/26/2024 4:57 PM Transportation Management Services Completed 07/29/2024 8:08 AM TMSD Reviewer Completed 07/29/2024 3:47 PM TMSD Reviewer Completed 07/30/2024 3:47 PM TMSD Reviewer Completed 07/31 /2024 7:52 AM TMSD Reviewer Completed 07/31/2024 12:05 PM TMSD Reviewer Completed 08/02/2024 10:46 AM Completed 08/08/2024 2:10 PM TMSD Reviewer Completed 08/15/2024 3:00 PM Completed 08/20/2024 9:18 AM Completed 08/20/2024 9:54 AM Completed 08/20/2024 10:07 AM Transportation Completed 08/30/2024 11:43 AM Packet Pg. 410 16.B.4 09/ 10/2024 County Attorney's Office Office of Management and Budget County Attorney's Office Community & Human Services Grants County Manager's Office Board of County Commissioners Colleen Greene Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Maggie Lopez OMB Reviewer Therese Stanley OMB Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 08/30/2024 3:06 PM Completed 08/30/2024 3:16 PM Completed 08/30/2024 3:41 PM Completed 09/03/2024 7:23 AM Completed 09/03/2024 9:22 AM Completed 09/03/2024 2:39 PM 09/10/2024 9:00 AM Packet Pg. 411 16.B.4.a m 0 G CONSTRUCTION AGREEMENT � 0 U THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or "Owner") hereby contracts with EarthBalance Corporation ("Contractor") of 2570 Commerce o Parkway, North Port, FL 34289, a Florida Profit Corporation, authorized to do business in the c� State of Florida, to perform all work ('Work") in connection with COLLIER COUNTY DUNE RESTORATION PLANTING - 2024, Invitation to Bid No. 24-8234 ("Project"), as said Work is set N forth in the Plans and Specifications prepared by Taylor Engineering, Inc., the Engineer andlor Architect of Record ("Design professional") and other Contract Documents hereafter specified. le N Owner and Contractor, for the consideration herein set forth, agree as follows: c Z Section 1. Contract Documents. m 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 'm 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 c 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. E 0 3 B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and 0 the appropriate number of sets of the Construction Documents, signed and sealed by the Design c Professional, as are reasonably necessary for permitting. Section 2, Scope of Work. CD Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, 0 tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to d diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. N Ln Section 3. Contract Amount. N In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: One Million Two Hundred Eighty-four Thousand Nine Hundred Twenty Dollars and Forty-five Cents ($1,284,820.45). Any allowance dollar amount that has been included in WI the Contractor's Bid Schedule amount is not a guaranteed portion of the aforementioned Contract > Amount but rather is only eligible for reimbursement by the Owner if and subject to whether a specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed N upon and memorialized by the Parties in writing (the "Owner's Allowance"). Any dollar portion of an Owner's Allowance that is not authorized by the Owner and memorialized by the Parties in o writing, via Change Order, shall not be eligible for reimbursement/payment by the Owner as part Y of a payment Application submitted by the Contractor. Z M u Section 4. Bonds. m A. If applicable, the Contractor shall provide Performance and payment Bonds, in the form s 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 Q construction Services Agreement: [2424 Packet Pg. 412 16.B.4.a m 7 G W by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; c provided, however, the surety shall meet the requirements of the Department of the Treasury 0 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 https://fiscal.treasu[y gov/surety-bonds/list-certified-com_ anies.html. Should the ° U Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. N 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 Darn_anes. 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 Two Hundred Ten (210) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize: the Work (or designated portions thereof) for the use for which it is intended, as more particularly defined herein at Section 16, Defined Terms. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date the Punch List is delivered to the Contractor. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Six Hundred and Ninety-nine Dollars ($1,699.00) 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, and as more particularly defined herein at Section 16, Defined Terms. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted 2 Construction Services Agreement: J2024_ver.11 Packet Pg. 413 16.B.4.a m 7 G liquidated damages as a penalty, which the parties agree represents a fair and reasonable W 3 estimate of the Owner's actual damages at the time of contracting if Contractor fails to 0 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 0 c� day and include the last day of such period. If the last day of any such period falls on a Saturday M or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day oNo shall be omitted from the computation, and the last day shall become the next succeeding day le N which is not a Saturday, Sunday, or legal holiday. z6 D. Determination of Number of Days of Default. m For all contracts, 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 0° agreement between Owner and Contractor, as payment on such liquidated damages due under c 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 5 part of it, after the expiration of the Contract Time including granted time extensions. 3 F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects o = to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work, as more defined herein at Section 16, Defined Terms. Owner will not charge liquidated = E particularly damages for any delay in achieving Substantial or Final Completion as a result of any 0 unreasonable action or delay on the part of the Owner, CD G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its N o 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. m H. Recovery of Damages Suffered by Third Parties. w Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a i 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 M 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. N Section 6. Exhibits Incorporated. 0 w 1 Z Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation #24-8234 Collier County Dune Restoration c Planting - 2024. E Construction Services Agreement; [20211 vi:1 Packet Pg. 414 16.B.4.a Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Assigned to the Project Exhibit B-1: Payment Bond Form [:1 Not Applicable Exhibit B-2. Performance Bond Form D Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D-1: Contractor Application for Payment Form Exhibit ❑-2: Schedule of Values Exhibit D-3. Stored Materials Record Exhibit D-4: Cash Flow Projection Exhibit E-1: Change Order Form Exhibit E-2 Work Directive Form Exhibit F-1: Certificate of Substantial Completion Form Exhibit F-2: Certificate of Final Completion Exhibit F-3: Punch List Form Exhibit G-1: Final Payment Checklist Exhibit G-2: Warranty Exhibit H: General Terms and Conditions Conditions Z Applicable 0 Not Applicable Exhibit 1: Supplemental Terms and The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #24-8234 Collier County Dune Restoration Planting - 2424. The complete contract documents, including Addendum with attachments, are available on the county's on-line bidding system, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box expressly apply to the teens of this Agreement and are available through the County's on-line bidding. JZExhibit J: Technical Specifications ❑Exhibit K: Permits []Exhibit L: Standard details E]Exhibit M: Plans and Specifications prepared by: Taylor Engineering, Inc. [DExhibit 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 or E-mail, addressed to the following: Collier County Board of County Commissioners, FL cto Transportation Management Services 2885 Horseshoe Drive S Naples, FL 34104 Attn: Larry Humphries, Project Manager 11 Phone: [239-252-4245 Email: tarry.hurnphries@colliercountyfi.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, or E-mail, addressed to the following: m 0 G M 0 t� 0 U 4 Construction Services Agreement: 12024_ver.1] Packet Pg. 415 16.B.4.a EarthBalance Corporation 2570 Commerce Parkway North Port, FL 34289 AttmCristine Borowski Phone: (941)426-7878 Email: nhu ItsCcDearthbalance,com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 2.87.133(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 35 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, a Construction Servlces Agreement: 120m 1 Packet Pg. 416 16.B.4.a m c 3 0 and that all negotiations, acts, work performed, or payments made prior to the execution hereof 3 shall be deemed merged in, integrated, and superseded by the Agreement. ° U L d Section 14. Severability, — 0 U 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. M N 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, as amended, and the terms of the Contract Documents. Section 16. Construction. 0) 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 "forties contra proferentum (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. (ii) Defined Terms: The following Defined Terms used in the Agreement shall be understood to be defined as expressly set forth below. Other terms referenced in the Agreement shall be understood as they may separately be defined herein or if not so defined shall be understood consistent with their natural and ordinary meaning. (a) "Application for Payment" shall mean the form provided by the Owner that is to be used by the Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. (b) "Construction Project" shall mean a Project, funded by Owner funds that involves the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any real property owned or under the control of the Owner, which Work is being performed under a Construction Contract. (c) "Construction Services" shall mean all labor and materials to be provided by Contractor in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. Construction Services also means Work. (d) "Contract" or "Contract Documents" shall refer to those documents described in Section 1. subsection A of the Agreement. (e) "Defective" shall mean an adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents. (f) "Department" shall mean the Department or Division initiating and managing the Project on behalf of the Owner. 6 Construction Services Agreemenl'. [2024 ver 1 Packet Pg. 417 16.B.4.a m 7 G (g) "Director' shall mean the Director or Administrator of the Department or Division 3 initiating and managing the Project on behalf of the Owner, U L (h) "Final Acceptance" shall mean acceptance of the Work by the Owner as evidenced c by the signature of the Project Manager or Design Professional upon the Certificate V of Final Completion form, Exhibit F-2, Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate. The M Certificate of Final Completion shall be signed only after the Project Manager has o assurance by tests, inspection, or otherwise that all of the provisions of the le Contract Documents have been carried out, including completion of the Punch List z° form, Exhibit F-3. (i) Professional" or Design Professional" shall mean the professional architectural/engineering firm designated to perform the design, Construction Engineering and Inspection ("CEI") services, by an existing agreement, or resident in-house Owner engineering services for the Work. At times, Owner staff may perform the design for the Work in-house and shall be considered the Professional in relation to the Work or a particular portion of the Work. 6) "Project" shall mean the total construction, of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. (k) "Project Manager shall mean an individual employed by the Owner and assigned to manage and administer the Project which is the subject of the Contract Documents. (1) "Proper Invoice" shall mean an invoice that conforms with all statutory requirements and all requirements specified in the Contract Documents. (m) Punch List shall mean the approved list of incomplete and/or deficient Work that shall be completed by the Contractor after Substantial Completion but before the Final Acceptance can be certified by the Project Manager, The Punch List enumerates the items required to render complete, satisfactory and acceptable all Work by the Contractor. The Punch List is developed by the Contractor, Owner and Professional (if any) in accordance with the provisions of the Contract and within the time frames required therein. The Punch List essentially includes items of a minor nature; major items must be completed before Substantial Completion and cannot be considered to be Punch List work. (n) "Schedule of Values" shall mean a schedule showing all activities of the Work subdivided into component parts in sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments during construction. The Schedule of Values shall be satisfactory in form and substance to the Project Manager. (o) "Substantial Completion" shall mean the status of completion of the Work which, in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion, is complete in accordance with the Contract Documents, except for minor outstanding items listed on the Punch List, Substantial Completion includes, but is not limited to, the following occurring: (1) the Work can be safely utilized for the purposes for which it was intended; (2) all regulatory r _ Construction Services Agreement: t20 4 ver, I Packet Pg. 418 16.B.4.a m 7 G agency requirements are satisfied, including occupancy permits, operating 3 certificates and similar releases, (3) all operational testing has successfully 0 occurred; (4) all required training has successfully occurred, (5) all closeout d documents (such as as -built drawings, certifications, warranties, guaranties, test = reports, test logs, operational manuals, etc.) have been provided by the Contractor v and accepted by the Owner, and permit acceptance by permitting agencies, if applicable, Exhibit F-1. N (p) "Work" shall mean the Work to be performed under this Agreement shall consist of furnishing all plant, tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required forthe fulfillment of the Agreement in strict accordance with the Specifications, schedules, Drawings, and other Contract Documents as herein defined, all of which are made a part hereof, and including such detailed sketches as may be furnished by the Professional from time to time during construction in explanation of said Contract Documents. The Work shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the Owner. (q) "Written Directive" shall mean a written directive and also referred to as work directive, as required by in Exhibit H, Section 10.1, in the form that appears in Exhibit E-2 that is issued to a Contractor from Owner in instances where the parties cannot agree on price and/or costs associated with work arising from differing, unforeseen or emergency site conditions and the work in question is part of the "critical path" of the contract schedule. A written directive should ultimately be followed up with an agreed upon Change Order. A verbal Work Directive may only be issued in extraordinary emergencies when necessary to protect and promote the public interest, which shall be followed up with a written Work Directive within five (5) business days. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank a Construction Services Agreement: 120vei.1 Packet Pg. 419 16.B.4.a IN WITNESS WHEREOF, the parties have executed this Agreement on the dat*) indicated below. TWO WITNESSES. 41T*NES�S- r �Pam Name OND WITNESS i[' 1 GCS.. N('Ar r 1 Print Name ATTEST: Crystal K, i4IM% Clerk of Courts & Comptroller BY: Date: Approved as to Form and Legality: County Attorney Print blame CONTRACTOR: Earth8alance Corporation -'bb By: 4; I t - s fn t �G y � L '"� Print Name and Title Date: s" , OWNER: 130ARD OF COUNTY COMMISSIONERS OF COLLIER'COUNTY FLORIDA BY: Chris Hall Chairman r r a Q Consrr don SerV105 AVIOMBnh 12024 ver,ll Packet Pg. 420 16.B.4.a EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE FOLLOWING THIS PAGE M N LO am N d V C m L R W I Cl) M N N_ 0 W Y Z_ J C d E M V N r r Q 10 Construction Services Agreement. [2024 ver.1 Packet Pg. 421 16. B.4.a COLLIER COUNTY DUNE RESTORATION PLANTING - 7024 COLLIER COUNTY PROJECT NUMBER 50280 Construction ITB 24-8284 BID SCHEDULE ajd.� all 0lmmlions lit Connection with dumle Yfoetolijyll. sigmgr. and tgotic removal n5 lndigot tt m die Conmrm;liotl Pfn'0195 along beasli areas located in Collier County, FL. as per The Technical Specirmatiolls. Packet Pg. 422 16. B.4.a EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) M N LC1 Q1 N d V C m L R W I Cl) M N N_ W Y Z_ J C d E M V N r r Q Construction Services Agreement' [2024 v� Packet Pg. 423 16.B.4.a FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier County Dune Restoration Planting - 2024 BID NO.24-8234 Full Name of Bidder EarthBafance Car oration Main Business Address 2579 Commerce Parkway, North Port, FL 34289 Place of Business 2570 Commerce Parkway, North Port, FL 34289 Telephone No. (941) 426-7878 Fax No. (941) 426-8778 State Contractor's License # NIA State of Florida Certificate of Authority Document Number H84315 Federal Tax Identification Number 59-2612208 DUNS # 61-4631190 CCR# NIA Cage Code 1YD26 To: BOARD OF COUNTY COMMISSIONE16 OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only poison or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and insurance specified in the General Conditions of the Ccntract, and to do all other things required of the Contractor by the Contract Documents, and that it will take ful I pays-kent the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decltnal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents, The bid security attached is to become the property of the Owner in the event the Agreement, insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Packet Pg. 424 Construction Solicitation Doc rev 04152022 16.B.4.a Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Ceitificates, and Bonds in a timely manner. Upon receipt ofthe signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within two hundred and ten (210) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last clay of such period. Acceptance grid acknowledged by an Authorize Agent Signature: Title: Vice President of Business Management Date: May 13, 2024 a Packet Pg. 425 Construction Solicitation Doc rev 04152022 16.B.4.a m 3 G _ 7 O U Email; Trevor.Adaline@colliercountyfl.gov CO 16-r C014HtY Telephone: (239) 252-8941 c U Procurement Services Division Addendum #4 N Date: May 10, 2024 From: Trevor Adaiine, Procurement Strategist To- Interested Bidders Subject: Addendum #1 Solicitation #24-9234 T Collier County Dune Restoration Planting _ 2024 The following clarifications/changes are issued as an addendum: Words s'...�-eadh are deleted; Words underlined are added. WdSyac Question 42 1. Is it possible to get a Nursery Deposit upon award for production costs? 2, is fire ant bait (Bifenthrin), which is mandated in most Florida soiilmedia mixes, allowed to be incorporated in the beach species liner soil blend? 3. We would like to consider incorporating 180 days (versus 90 day) 18-6-12 Osmocote CRF w/ minors into the (SES) liner soil mix versus applying 1/2 teaspoon of CRF into the planting hole prior to planting the liner 6' deep from the top of the soil ball, The CRF will have far better efficacy incorporated versus at the bottom of the planting hole which could potentially burn the roots. Answer 1. No deposit will be awarded for production costs. 2, Allowed to be incorporated in soil mixture. 3. Allowed to incorporate 180 days versus 90 days. If you require additional information, please post a question on our Bid Sync ( ww.bids nc,corn) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. Cis uta May 13, 2024 (Signature) Date EarthBalance Corporation (Name of Firm) Packet Pg. 426 16. B.4.a FORM 2 - CONTRACTOR'S KEY PERSONNEL ASS1GNEU TO THE PROJECT Collier County Dune Restoration Planting - 2024 Biel No. 24-8234 Name personnel Cate i NIA - Scope of Work is not Construction Construction Superintendent ,James Barron Project Manager Construction Solrcitatian Doc rev 04152022 Packet Pg. 427 16.B.4.a FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BIT) MAY BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as Inng 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 specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A ORt B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I con firm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: EarthBalance Corporation Signature: Section D (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL Date: 5.13, 2024 EXCEPTION MANUFACTURER d 2. M 3. Ln CD N 4, d V C m t Please inseil additional pages as necessary. w Company: M N Signature: I lal� 11 N_ 0 W 1 Z_ M a Construction Solicitation Doc rev 04152022 Packet Pg. 428 16.B.4.a FORM 4 M 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 identifies) for any portion of work on this project must be qualified as noted above. Company: EarthBalance Corporation Signature. Date: 6, 13.2024 Construction Solicitation Dec rev 04152022 Packet Pg. 429 16.B.4.a FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEE, ME, D NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. l' Myrtle Beach Planting and Sand Fencing (project name) Horry County, SC (project location) Supplied, delivered, and installed 168,434 dune plants and 48,125 If of sand fencing (project description) April 2023 - July 2023 $ 703,221.92 (project start/completion dates) (contract value) 2. Beach Dune Vegetation Services for Coastal Dune Rehabilitation (project name) Flagler County, FL (project location) supplied, delivered, and installed 535,082 dune plants on 1,128,808 sgft (project description) May 2018 - Aug. 2019 $338,582.46 (project starticompletion dates) (contract value) 3. Captiva Island Beach Renourishment (project name) I-ee County, FL (roject location) upplied, delivered, and installed 350 785 containerized dune plants (project description) Oct. 2021 - Nov. 2021 $ 396,965.00 (project starticompletion dates) (contract value) City of Myrtle Beach (project owner) 3231 10th Avenue Ext K, Myrtle Beach, SC 29577 (Owner's address) JC Blackhurts Parks Superintendent (owner's contact person) (title) (843) 918-2390 (phone) blackhurst@cityofmyrtlebeach.com (email) Flagler County Government, FL (project owner) — 1769 East Moody SOUlevard, Suite 304, Bunnell FL 32110 (owner's address) Richard Gordon Engineer (Owner's contact person) (title) (386) 313-4046 rgordon@flaglercounty.org N (phone) (email) ., d 0 m Great Lakes Dredge & Dock Company, LLC (project owner)co w I 2122 York Read, Oak Brook, IL 60523 (Owner's address) � cM•i Christopher Pomfret Sr. Project Manager N (Owner's contact person) (title) w (239) 250-0974 CPomfret m @gldd.co Z (phone) (email) J m E s 0 a Construction Solicitation Doc rev 04152022 Packet Pg. 430 16.B.4.a m 3 G FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER _ 7 o V 4. Coastal Storm Risk Management Project, Great Lakes Dredge & pack Company, LLC L -a5?. -PQ�9C ayJ-1A o B S�fL (project owner) ° V (project name} St. Johns County, Florida 2122 York Road, Oak Brook, IL 60523 N tion) �plleddelivered, and installed �39 (Owner's address) Laren Edward Martinez Sr. Quality Sys#ems Engineer le `1' ° dune lams (project description) - — Owner's contact person) (title) Z Sept. 2020 - April 2021 $ 336,600.00 (630) 207-•8893 Imartinez@gldd.com 00 � (project completion date) (contract value) (phone) (email) =- S. pune Vegetation and Landscaping (project name) Chatham County, GA (project location) Suppied, delivered, and installed 92,087 snecifi��17+�� . - (project description) City of Tybee Island, GA (project owner) P.G. Box 2749, T'yhee island, GA 31328 (Owner's address) Alan Robertson (Owner's contact person) (title) Jan, 2020 - March 2020 S 135,893.85 (847) 525-5040 arobertson@cityoftybee.org (project completion date) (contract value) (phone) (email) *awarded one of the American Shore and Beach Preservation Association Best Restored Beaches for 2020 Company: Date: May 13,-2024 Signature: - — Construction Solicitation Doc rev 04152022 Packet Pg. 431 1ti.B.4.a m 0 G FORM 6 - TRENCH SAFETY ACT 3 0 0 THIS FORM MUST BE COMPLETED OR BID MAY BE DEEM ED NON -RESPONSIVE. � Bidder acknowledges that included in the various items of the bid and in the Total I3id Price are costs for complying with the Florida V Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cast to be. summarized below: Trench Safety Units of Unit Unit Extended Cost CO) Measure Measure M—Ual—Iftityl Cast 4 N (Description L� EL-SM o 1. NIA 2. 3. 4. 5. TOTAL $ Company: EarthBalance Corporation Signature: � � Date: 5,13.2024 a Construction Solicitation Doc rev 04162022 Packet Pg. 432 16.B.4.a FORM 7 - BID BOND THIS rO1RM MUST' BE COMPLETED OR BID MAYBE DEEMED NON-RESPONSIVEMON- RESPONISOLE KNOW ALL MEN BY THESE PRESENTS, that we EARTHE3ALANCE CORPORATION (herein after called the Principal) and Swiss Re Corporate Solutions America In Corporation, (herein called the Surety), a corporation chartered and existing under the laws of the State of MO with its principal offices in the city of Kansas City and authorized to do business in the State of FL 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 ($5%------- --•-�-�- -----) good and lawful money of the United States of America, to be paid upon demandof the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the owner, a Bid for furnishing all labor, materials, equipment, and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Did Nu. 24-8234. NOW, 'THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 1000/a the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance ofthe Agreement and for the prompt payment of labor, materials and supplies Furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, tutu v®v r to ()wnar the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$_��t— 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 Thcreof, the Principal and Surety have caused these presents to be duly signed :lncj sealed this 13th day of May 2024 EARTHBALANCE CORPORATION BY Swiss Re Corpor e S0IUJiQjQ5 America Insurance corporation a fey . � cti, Countersigned Jeffre . Reich", FL Licensed Resident Agent Appointed PmduQing Agent for Florida Suret Bonds Inc. *In uiries: 407-786 7774 r: tSeal) Surety m 0 G C 0 0 `m 0 U Packet Pg. 433 16.B.4.a m 3 G SWISS RE CORPORATE SOLUTIONS 3 0 SWISS IttlCORPORATE SOLUTIONS AMP-RICA INSURANCfiCOR11OItATION ("SRCSATC") 0 SWI88 RE CORPORATL'•: SOLUTIONS PREMiiiR INSURANCE CORPORATION (" SRCSPIC") d Wl-S'I'POR'I' INSt11ZANCLCORI CORA'I'ION ("WIC") G ENERAi4 POWEIt OF ATTORNEY 0 KNOW ALL MEN I3Y'I HESE 11Rl.9EN'I'S,'I'l-IA'I'SRCSAIC, a corporation duly organized and oxisting tinder laws or the Slate of Missouri, and V having its principal office in the City of Kansas City, Missouri, and SKCSPIC, it corporation 01-911ni7ed and existing under the laws of the State of Missouri and having its principal oiiice in the City of Kansas City, Missouri, and WIC, organised under the Ia[vs of the Male oFM1839111'i, and 11a, fltg IIS N principal office in the City of Kansas City, Missouri, each dons hereby make, constitute and appoint: 00 4 N JEFFREY W- REiCI-1, SUSAN L. REICIJ, KIM L+. NIV, TERESA L, DURRAM, CHERYL A. FOLEY, LISA A. ROSELAND, C 'EMiLY J. GOLECi I, SONJA AMANDA rLOREE HARR15, ROBERT P. O'LINN, NATHAN K. REIC14 and SARAH K. OUNN Z JOINTLY OR SEVERALLY 00 Its true and lawt'ul Attorney(s)-ind'acl, to make, cxccute, seal and deliver, liar and on irs bclialf rind as its act and deed, bonds or other writings obligatory ill the nature: afa bond on behalf of each of said Companies, as surety, on contracts of suretysliip as arc Or MAY he rcquircd ur ponniltcd by late, regulation, eontract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWO I-TUNDRED MILLION ($200,000,000.00) DOLLARS l'Ipis Power ol•Altorney is granted and is signed by Facsimile under and by the authority of tho following Resolutions adapted by Nie Boards of Directors of both SRCSAIC and SRCSPIC at mactings duly called And held on the [Bill of Novcinbcr 2021 and WIC by ivriticil consent cif [Is Executive Committee dated July 18. 2011. "RESOLV13L), tltal any two of the President, any Managing Director, ally Senior Vice President, any Vice President, the Secretary or any Assistant Secretary he, and each or any of them hereby is, authori"rcd to execute a Power of Attorney qualifying the attorney named in Ille given Power of Attorney to execute on behalf of the Corporation l>onds, undertakings and All contracts of safety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attaoh thercin the seal of the Corporation; and it is FURTHER Rf3SOLVLD, that the signature of such officers and the seal of the C )eporation may be affixed to any such Powcr oFAttorney or to any certificate roloting thereto by facsitn[Ic, and any such flower of Attorney or certificate bearing such facsinrilc signatures or facsltnilc seal shall be bindiniz umirl the, Corporation when so affiKed and ill the flllnl'e With verard to anv bond, undertaking or contract 01'51.irety to which it is nitached," yunnu,,,,, �Itltlltlpy„ a'ls Mlp4'�gr N4f18E "+ anrlC 'V Sylh9 nnl£q� �+ � • �1¢N dher�, 4y� ti F (tiH��Hgj'.,.T{4 ;: rAA4W�,.,•`' By s r{rSkJ�mecus,SenlurVisePrelldrnlnrgli3AIC&SlnrarvlcePnsfJelq o f s • SEAL .: ntgncspicaS-1- Vice Pi,riden1dIVIC 't 1 �rI1973 ' $2 a �!1 '.." Fo* ',,,�715, * 1[�.•� 5+,�1S .� l[��`J C:e,'nhl JNRrCwiLl, Vice I4esIJen1 nrSRCShIL'& Vler P,xilllr"I of RRCSP1t' ltl + unuua�`a �u.�n.n�•,,• & vice t'cr+l+l-n1 nnvic IN WITNESS W11CRL'•OF, SRCSAIC, SItCSPIC, and WIC have effused their offreial scale In be hereunto affixed, and these presclrls to be signed by their authorized officers this_ 23 day of OCTOBER 7023 Swiss Re Corporate Solutions America Insurance Corporation Stale of Illinois Swis,e Ile. Corporate Solutions Preirder InsuraucC C0rP01'a11I0n Co[mty of Cook El Westport Insurance Corporation On this 23 day or OCT035R , 20 2� . before Inc, a Notary Public personally appeared Erik 13,Nvns , Senior Vice PrCsidwil orSRCSAiC and Scnior Vice President of SRCSPIC and Senior Vice President or WiC and CTerald d;iarS %g , , Vice president ofSRCSAIC and Vice President of SPCSPIC and Vice Presidoilt of WIC, personally known In me, who bring by Inc dilly sworn, acknowledged that ihey signed the above Powcr ofAttoruey as officers orand ncknowled$ed said instrument to be the voluntary act and deed oftlloir raspeetivc companies, OFFICIALS CHINS-n aA MA, NISCy L 41'AHY PLfaIlC, I, allTn;}� fiuldls_urL• thu [hlly" Occtcll S,`nl I Vic Pr `Sidon ali(i As341r111t Sego: tY or8RCSAIt: and tiR('SI1IC cord WIC, du twirls), � 00lint 'Ilk,acuk'c am1 lbeeguing is a Irlle and correct copy of it Powcr ol'Auontey gircu by su[d SlWSAIC aid sltCSPI(: and WIC, which is slill in I'nl I r'nrcc find 01c1 f IN WITNESS WI IiilCli()I', t have set my hand wl<I nIf ixcd tilt se:alx nl'tlle C:nnlpaniw8 this saa� clay pt' MAY , 2U 24 , Jeffrey Goldberg, Senior Vice Presideilt & Assistant Secretary ofSRCSAIC and% SRCSPIC and WIC Packet Pg. 434 1 16.B.4.a CERTIFICATE aF LIABILITY INSURANCE DATE" "0 1131202a AIC Rtt 3113/2 CD = THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE" HOLDER, THIS G CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED EIY THE POLICIES OF INSURANCE DOES NOT CONSTITUTE: A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED � BELOW. THIS CERTIFICATE G REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. V IMPORTANT: If the certificate holder is an ADDITIONA7 INSURED, the policy{les) must have ADDITIONAL INSURED provisions or be endorsed. aI If SUBROGATION IS WAIVED, subject to the terms and canditlons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements), C 1111 PRODUCER 11,NAMEk Certificates/Commercial Lines _ V Wallace Welch & Wilingham, Inc. laia°Neiv 727-522-7777 FAc 727-521-2902 300 1st Ave. So., 5th Floor EMAIL tes Saint Petersburg Fl- 33701 Certiticew3lns.com M N INSURER 9 AFFORDING COVERAGE NAIC N 00 INSURER A: Westchester Surplus Lines Ins. Co. 10172 le N INSURED EARTCOR-01 INsupEiz R: ACE PrD ert & Casually Ins, Co, 20699 O EarthBalance Corporation INSURER C : Travelers 29696 Z dba Earthbalance J9488 2570 Commerce Parkway INSURER G ; Amerisure Ins. Co. pp North Port FL 34289 INSURERE: ~ INSURER F : .a COVERAGES CERTIFICATE NUMBER; 214702441 REVISION NUMBER: m INSURANCE LISTED BELOW HAVE REEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 0 INDICATED. NOTWITHSTANDING THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, C CERTIFICATE MAY BE ISSUED DR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. _ ILTR ROLICY EF'!= POLICY EKP TYPE OF INSURANCE DL POLICY NUMBER DD1YY M D1'-1r YY LIMITS 1C A X COMMERCIAL GENERAL LIABILITY G47421184UD1 81231202s 812312D24 EACHaecuRRENCE $2,OD0000 C CLAIMS -MADE OCCUR I-M8884699001 G47421226001 6/2312029 al2srao2 8/23/2024 6f2312024 vn.in+� ES Ee oc• •� ce M>=D EXP An one r$an $100,044 $5 040 L PERSONAL & ACV INJURY $2,600 000 3 rEl U Included GENERAL AGGREGATE $ 2,000,000 p GGREGATE LIMIT APPLIES PER LICYEXPRO- LOG I JECT HER; Prlmo No.0 AUTOMOBILIELIABILITY ANY AUTO SCHEDULED AUTOS ONLY ALIT IS ONLY HIREDx AUN116 ONLb Ix x UMBRELLA LAB X QOCUR EXCESS LIAR CLAIM9•MADE PRODUCTS-CDMPIOPAQQ 52,000,000 = $16,000 G y., $1 q00 000 tjeduct1Y[a C a alda (SINGLE R A BODILY INJURY (Per perg4n) SNOWNED 90DILY INJURY {Per accident) $ E PROPERTY DAMA er g CAUTOS EACH OCCURRENCE S v N $2,040,000 AGGREGATE $2,000 0( N D WORKERS COMPENSATION WC20964660901 AND EMPLOYERS' LIABILITY Y J N ANYPROPR IE.TORIPArRTNEIUEXECUTIV E OFFICEr7WMEMSER£XCLUDE07 N N 1 A (Mandatory In NH) If Yes, daacdba under A I PrareeslonaI / Pclluticn List) Q Rdlro DMI 2119f1997 Exr,ess Llad - Trevaldrs G47421184001 EX8T014454 4JI12024 1 41V2025 E.L. EACH ACCIDENT E.L. DISEASE - EA EMP E,L, DISEASE - POLICY W512023 1 812312024 Earli CleimfAggregate 8/23/2023 8/2312024 Deductibla Per OocurrancofAggreg $1 $2M1$2M 15.000 $3Mf$3M DESCRIPTION OF OPERATIONS r LOCATIONS 1 VEHICLES (ACORD 101, Addltlonal Remark$ Schedule, mdy pe attached It mars space I9 roryulred) USL&H Is Included In the workers campensatlon policy listed above. Janes Act is Included on the Commercial Watercraft policy Issued by Travelers Property Casualty Company of America, policy #ZOH11 P5927416ND. HOLDER information Only 2570 Commerce Parkway North Port FL 34289 ACORD 25 (201WO3) TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIxEO REPRESENTATIVE G7 0 1988-2015 ACORD CORPORATION. Ali rights reserved, The ACORD name and logo are registered merits of ACORD Packet Pg. 435 16.B.4.a 0117er GOUnty Procurement Services Division FORM 9 - CONFLtCr OF INTEREST AFFIDAVIT The Vendor ecrtifics that, to the best of its knowledge and belief, the past and Current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules - Tile firm has not set the "ground rules" for affiliated past or current Collier County project identified above (c.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appear to skew Lite competition in finvorofmy firm, Impaired objectivity - The firm has not performed worst on an affiliated past or current Collier County project identified above to evaluate proposals f past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to Information -The firm has not had access to nonpublic Information as part of its performance of a Collier County projcct identified above which may have provided the contractor (or an afliliale) with an unfair competitive advantage In current or future solicitations and contracts. In addition to this signed uflidavit, the contractor! vLndor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked an for tho above - mentioned project; And, 2. Indicate if the information produced was obtained as a matter of gublic record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), documents) and/or other means. failure to disclose all material or having an organizational conflict in one or more of the three categories above be Identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned Interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict, EarthBalance Corporation Curnpany Name Signature Cristine Borowski, VP of BusinaBe Management Print Name and Title State of Floods County of sarasote The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online notarization, this 13th day of May (month), 2024 (yeu), by ';define Borowski (name of person acknowledging). •. � ti _ 4 - g r �f c- aeofFlorida) �lvt: (Print, Type, or qUhnp Commissioned Name of Notary Public) Personally Known Oft Produced Identification Nil Type of Identification Produced le, - ]MMS ComMldslvn IWONM HH t}38789 .0% Exptreapeoembrr26,24 Y�°OfiL4xtlai3�4ThN8�rdQdri�ra+�� —, 11 Packet Pg. 436 16.B.4.a Cofer C014nty Procurement Services division C{`ORM 10 — VENDOR I1ECLARATION STATCMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods andlor services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. 1N WITNESS WHEREOF, WE have hereunto subscribed our names on this 131h day of May 2624 in the County of sarasota , in the State of Florida - Firm's legal FarthBalance Corporation Name: Address: 2570 Commerce Parkway City, state, Zip North port, Florida 34289 Code: Florida H 84315 Certificate of Authority Document Number Federal 'Tax 59-212208 Identification Number IYD26 *CCR # or CAGE Code *Only if Grant Funded Telephone: (941) 426-7878 Email: nhuits@earthbalance.com , Cristine Borowski Signature by:�� (Typed and written) Title: Vice President of Bt_lsiness Management m 0 G 0 L d 0 U e Packet Pg. 437 16.B.4.a m 0 G Adalitional Contact Information es Send payments to: EarthBalance Corporation V (required if different Company name used as payee from above) = Contact name: Lisa Stansbury o U Title; Accounts Payable M N Address: 2570 Commerce Parkway N City, state, ZIP 6 North Port, Florida 34289 Z Telephone: m (941) 426-7878 � m 0 Email; LStansbury@earthbalance.com c Office servicing Collier County to place orders 5 (required if different from above) � Contact name: e3e -- 0 Title: 0 0 Address: C N E City, state, ZIP E 0 Telephone: d Email; M Ln CD N d 0 Secondary Contact for James Barron, Project Manager v this Solicitation: pip Email: jbarron@earthbalance.com w Phone: (941) 426-7878 CO M N OP N_ W 1 Z_ J a C Packet Pg. 438 16.B.4.a 4 Procurement Services Division FORM I l- IMMIGRATION AFFIVAVIT CERTIFICATION 'rhis Afiidavit its required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. rurther, Vendors are required to he enrolled in the 1-Verify program, and provide acccptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profilc page or a copy of the Tully executed E-Verify Memorandum of Understanding for the company which will b: produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Reoammend Award. EAWQRF, To EXLCUTE TUJ. AFFIDAVIT ERTIFIC AN MI' ' W1111 V H Nla t'S ROPO A THE VENIpQaON-K : QNSIVC Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C, Section 1374 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violatlan of Section 774A (e) of the INA, Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) orthe INA shall be grounds for unilateral termination of the contract by Collier County, Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware oflian Statutes ti448,t}95. and agrees to comply with the provisions of the Memorandum of Understanding with E-Verity and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of liomcland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid, EarthBalance Corporation Company Name Signature Cristlne Borowski, VR of Business Management Print Name and 'ritic State of Fiorlds County of 6®resnto The foregoing instrument was acknowledged befurc me by means of 0 physical presence or 0 online notarization, this Uth day of May (month), 2024 _(year), by Ciistina Borowski (name of person acknowledging), f A j . ,%� OR Produced Identification Type or Identification Produced t+t;,rUi 1315CNYADAMB . Commleelon tl HH G36rb$ * ''�orr+'dt' 15*kes Dewoiber K 2024 sabranr,auay�tNOY+7�niau m 3 0 0 V L d 0 U M N op le N O Z m H 00 O _ O M 5 M N in CD N d V tC 0 m t uJ I l) M N , N_ LU 1 Z_ M u _ d E t :.i y., y.+ a .� Packet Pg. 439 16.B.4.a Company ID Number: 346397 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the EarthBalance Corporation (Employer), The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify_ E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.0 § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE 11 RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system a. Notice of E-Verify Participation b. Notice of Fight to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MDU for Employers I Revision Hate 06101113 Packet Pg. 440 16.B.4.a y Company ID Number: 346397 4. The Employer agrees to become familiar with and comply with the most recent version of the E,-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6, The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274E of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Empioyers I Revlsfon Date 06/01M I c,F,f 1 Packet Pg. 441 16.B.4.a Company ID Number: 345397 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has Been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11 _ The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article il.R of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article II1.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a•1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOO for Employers I Revision Date 06101l13 Packet Pg. 442 16.B.4.a Company ID Number: 346397 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E Verity at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14, The Employer agrees to comply with Title VI I of the Civil Rights Act of 1964 and section 2749 of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title Vll could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274E of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verif dhs. ov. Please use "privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verity, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verlfy MOU for Employers I Revision Date 06101l13 Packet Pg. 443 16.B.4.a �(/{ky� 4 � 41 SA •� � E-Verify—, 3 G Company ID N[ MbOr: 346397 c 3 0 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its d employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner = 0 to DHS requests for information relating to their participation in E-Verify. 19, The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your F-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M 795 (Web)} and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2, In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revlslon ❑ate 06101113 Packet Pg. 444 16.B.4.a Y Company ID Number: 345397 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following ❑HS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article ll.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note; If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06101/13 Packet Pg. 445 16.B.4.a E-Verif 'W". %11001,5 Y Company ID Number; 346397 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOLD to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a, Automated verification checks on alien employees by electronic means, and Page 7 of 17 L-Verify MOU for Employers I Revlsfon Date 06/04113 Packet Pg. 446 16.B.4.a Company ID Plumber,. 346397 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E Verify, 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer antidiscrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. B. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the s notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify a Page 8 of 17 E-Verify MOLD for Employers I Revision Date o6fol/13 Packet Pg. 447 16.B.4.a 5 E-Verify-----* 'fin Company ID Number: 345397 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2_ The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation, 3, After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E--Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA B. REFERRAL. TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4, If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06101113 Packet Pg. 448 16.B.4.a _ -I��•` `1JFi ti Company ID Number: 346397 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or Passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 14 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates, ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES m 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access 1=Verify, an Employer will need a personal computer with Internet access, m �a ARTICLE V NI MODIFICATION AND TERMINATION > M N A. MODIFICATION 00 v N 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the o SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all Y z parties. J 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be E covered under this MOU and will not cause the need for a supplemental MOU that outlines these U r r changes. Q Page 10 of 17 E-Verify MOU for Employers l Revislon Dale 06/01/13 �s! Packet Pg. 449 16.B.4.a 3 0 Company ID Number. 346397 0 t� L B. TERMINATION m 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days v prior written notice to the other parties. M 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IlR1RA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Packet Pg. 450 Page 11 of 17 E-Verify MOU for Employers I Revision Rate 00101113 16.B.4.a VrN Company ID Number: 346397 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOLL on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the ful4 agreement on this subject between ❑HS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date M01113 4. � Packet Pg. 451 16. B.4.a ztl 0iiiil`il� F.-Verifv „ Company I❑ Number: 346397 Approved by: Employer EarthBalance Corporation Name (Please Type or Print) Title Karen F Burnett Signature Date Electronically Signed 07/27/2010 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Uvision Signature Date Electronically Signed 0712712010 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06101113 m v c �a m t R LU N M N N_ 0 W Y Z_ J C d E M V N Packet Pg. 452 16. B.4.a are G E-Verifv, i Company ID Number: 340397 Information Required for the E-Verify Program Information relating to your Company: FarthBaiance Corporation Company Name 2570 Commerce Pkwy North Port, FL 34289 Company Facility Address Company Alternate Address County or Parish SARASOTA Employer Identification Number 592612208 North American Industry 237 Classification Systems Code Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 M N LO rn N d c Ta m 1= �a w I M N N_ 0 W Y Z_ J C d E M V N r r Q Page 14 of 17 E-Verify MOU for Emplaycrs I Revislan Pale 06l01I13 �+ Q Packet Pg. 453 16. B.4.a 3 0 Company ID Dumber: 346397 c 0 U Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in `m each State: ° U FWRIDA 1 site(s) m v c �a m t R LU N M N N_ W Y Z_ J C d E M V N a+ r Page 15 of 17 E-Verify MOU for Employers I Revision Dale 06/01/13 "An ? Packet Pg. 454 16. B.4.a fYF.-Veri Company ID Number: 346397 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Melanie M Cortes Phone Number (941) 426 • 7878 ext- 226 Fax Number (941) 296 - B283 Email Address mcortes@earthbalance.com Page 16 of V E-Verify MOU for Employers I Revision Date MOM CA( Packet Pg. 455 16. B.4.a 3 E-Verifv- Company If] Number: 346397 c 0 U L d Page intentionaily left blank 0 U m W Cn M N N_ 0 W Y Z_ J C d E M V N r r Page 17 of 17 E-Verify MOU for Employers I Revision Date 06101/13 Q Packet Pg. 456 16.B.4.a 4/161241 1MO AM Detail by Entity Name DWISION or CORPORATIONS C 3 0 r+ _ 7 V IJ`lIJIU! i fJf y or f NO ++1/frlul,frr►N uJ'!lurirlrr n'rb}hr V M Entity N= 1 N �nertment of Slats /Division of Cor �tlons ! a%gr d Recard.s 1 Search ap 4 Detail by Entity Name z° Florida Profit Corporation o0 EARTHBALANCE CORPORATION ~ fjUg,Information m Document Number H84315 0 PEIIEIN Number 59-2612208 = 0 Date Filed 11/0411985 Effective Date 11101/1985 > c State FL Status ACTIVE Last Event AMENDMENT o Event Hate Filed 12130/2013 = 0 Event Effective Date NONE Fr.I[&ipal Address (D E 2570 COMMERCE PARKWAY E 0 NORTH PORT, FL 34289 d Changed: 0911312016 M N Ln Mailu]g Address. N JACK O. HACKETT 11 d 99 NESBIT STREET = 0 PUNTA GORDA, FL 33960 m s 1= Changed: 03/3112015 w Reglisjored Agent i HACKETT, JACK O, 11 M FARR LAW FIRM oNo 99 NESBIT STREET 11 N PUNTA GORDA, FL 33950 w Y Name Changed: 04/2912013 Z u Address Changed: 03131/2015 m E QmQff di s c� Name & Address 0 Title GOB, D Packet Pg. 457 s http;/Isearch.sunblz.org)lnqulry/CorporeitionSearChISearchResuliDetail?inquirytype-F-ntityName&directionType=lnitlal&searchNameOr 16.B.4.a 4116124, 110:50AM ROSS, DONALD H 2570 COMMIRCE PARKWAY NORTH PORT, Ft_ 34289 Title R CEO, D LAROQUE, SARAH J 2570 COMMERCE PARKWAY NORTH PORT, I=L 34289 Title VPTD WALTIMYER, WADE R 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title D STEVENS, M. GRAY 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title VP1S BOROWSKI, CRISTINIE A. 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title VP SANDSMARK, ERIK T 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Report Year Filed Date 2021 04121 l2021 2022 04126I2022 2023 04/2512023 pocument imagim Detail by Entity Name Mew Image in Par format View image in PDF format %Aew Image in PDF formaL—_1 \Aew Image in PDF fomlat view Image in PPF format Mew Image In PDF formal Mrew Image in PDF format a� 0 m s 1= 0 w to M N 00 11 N_ 0 w 1 Z_ J Packet Pg. 458 https:llsearch.sunbiz,orgAnquirylCorporationSearchlSearchResultDefoil?lnquirytypo'EntityName&directionTypominitiai&searchNameord 16.B.4.a 4116124, 10:50 AM Detail by Entity Name O91QQ12016--AMl=NDED ANNUAL REPOT Mew image in PDF formal 90/22/2016-- AMEN DEDANNUAL REPQ.CiL Mew image in PDF formal 0411312016 --ANNUAL REPORT View Image In PDF formal 04/14/2015--AMENDED ANNUAL NUORT View Image In POF format—i REPORTMew Image In PPF format Mew Image in PDF format jf3012493�4mendment Mew image in PDF format 041gg/2013 --ANNUAL REPORT Mew image in PDF format 0411 MO12 —ANNUAL RView image in PDF format 0412112011 --ANNUAL REPORT View imago In PDF format 1 Mow Image in PDF format o412712ojo — ANNUAL REPORT Mew Image in PDF formal 06129/2009 -- ANNUAL REPORT Mew Image in PDF formal 0411$12000--ANNUAL RFc.PDf?T Mew image in PDF format View Image in PDF format View Image in PDF fnrmat� 04/16/2007--.ANLVUAL BE PQBT View Image in PDF format 02/14/2007 -- Amendment View Image in PDF farmat 04/2412006 -- ANNUAL REPORT Mew image in PDF farmat OQ�0612005--ANNUAL REPORT Mew image in POF format I 0511012004 -- Off141r R osiqn2Lojj View image in PDF format 04/2712004 --Name(; lia g§ View image in PDF format 04/10/2004 -- ANNUAL REPORT View image In PDF format 0413012 03 -- ANNUAL REPORT View Image In PDF Format J gg view image In PDF format g1193120t73 -- Amendment Mow Image In PDF format 94)0912o02 — ANNUAL REPORT Maw image In PDF format 0412WZ001 —ANNUAL REPORT View image in PDF format 04/2612000 -- ANNUAL REPQR.j View image In PDF format 04/16/1999--_Ah1NUAL RFPCIRT View image in PDF Format 05/0711.99§ --ANNUAL REPORT View image In PDF format 02/14/1907 -- ANNUAL REPORT View image In PDF format ow x1996 -- ANNUAL REPORT View image In POF format flv Aa Wowtmnni ai v'am,r. Uiviskan -, Caiw-imlons G7 V C O m t O LU fn i M N CD 11 N_ 0 LU 1 Z_ J https:llscaryh.sunhiZ,orgllnciulrylCorporationSearchlSearchResuitDetail7inquirytype=EntpyNameBdlrectionType=initial&searchNomeOrde Packet Pg. 459 16.B.4.a Form W-9 lRav, October 2U tfi) Department of the Tronoury Internal Revenue $ervlco 1 Nam Ida shown on your Request for Taxpayer Give Form to the Identification Number and Certification requester. Do not send to the IRS. ► Go to www.irs.gov/Fi)rmW9 for Instructions and the latest information, teturn). Noma Is required on name. If different from above lino blank 3 Check appropriate box for lederal lax classification of the person whose name is entered on line 1, Check only one of the following seven boxes, ❑ Individuallecle proprietor or ❑ C Corporation 21 S Corporation ❑ Partnership ❑ Trustlestate single -member LLC ❑ Llmlted liability company. Enter the tax classification (C=C (lorporation, 8=8 corporation, P=Partnership) ► Nate; Check the appropriate box In Site Ilne above for the tax ctaselfication of the singie-member owner. Do not cheek LLC It the I.t,C Is ciassifled A9 a singla-member LLC that Is disregarded from the ownar unless the ownar of the LLC Is anothar LLC that Is not disregarded from the owner for U.S, federal tax purposes. Ctherwisa, a single -member LLC the is dieregerded from the owner should oheck the appropriate box for the tax tleesticdtlon of Its owner. Other (see instructions) F cress {number, street, and Apt, or suite n ►570 I e City, List account number(s) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid 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 entities, It Is your employer Identification number (EIN). If you do not have a number, see Now to get a TIN, later. Note: If the account is in more than are name, see the Instructions for line 1. Also see What Name and Number To Give the Requester for guidellnes on whose number to enter, 4 Exernptlons (codes apply only to Certain anllties, not individuals; see Instrut7tfons on page 3); Exempt payee Code (If sn) Exempilon from FATCA reporting coda (If any) rfWAN W Pscoum:11-WIRMIA 0-1-kk,hr u sJ s name and or number Under penalties of perjury, I certify that: O v 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 CD2. 1 am not subject in 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 (o) the IRS has notified me that I am no longer subject to backup wlthholding; and eV Ln 3. 1 am a U.S. citizen or other US, person (defined below); and CD N C The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions, You must cross out item 2 above If you have been notilied by the tits that you are currently subject to backup withholding because v you have failod to report all interest and dividends on your tax return. For real estate transasllons, Item 2 does not apply. For mortgage interest paid, of debt, contributldns to an Individual retirement arrangement (IRA), and generally, payments _ acquisition or abandonment of secured property, cancellation other than interest and dividends, you are not required 10 sign the certillcation, b you must provide your correct TIN. See the Instructions for Part II, later. m _ Sign Signature of �{ Here u.S. parson * t ✓- pate P. u * t w • Form 1099-❑IV (dlvldends, Including those from stocks or mutual General Instructions I ; funds) 5action references are to the Internal Revenue Code unless otherwise . Form io99-misC (various types of income, prizes, awards, or gross N noted. proceeds) co Future developments. For the latest information about developments . Form 1099 B (stocic or mutual fund sales and certain other N related to Form W-e and its Instructions, such as legislation enacted transactions by brokers) after they were published, go to www.lrs.govlFormW9, . Form 1099-5 (procoeds from real estate transactions) W Purpose of Farm o Form 1099-K (merchant card and third party network transactions) Z An individual or entity (Form W-9 requester) who Is required to file an • Form 1098 (home mortgage interest), 1098-£ (student loan interest), u Information return with the IRS must obtain your correct taxpayer 1098-T (tuition) identification number (TIN) which may be your social security number • Form 1009-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption . Farm 1099-A (acquisition or abandonment of secured property) E taxpayer Identification number (ATIN), or employer ldentification number (EIN), to report an an Information return the amount pald to you, or other Use Form W-9 only if you are a U.S. person (Including a resident v amount reporlable on an Information return. Examples ❑f Information alien), to provide your correct TIN. tests 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 sublect to backup withholding. See What Is backup withholding, cc,Q later. Gal. No 1020tx Form t Packet Pg. 460 16.B.4.a EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name NIA - Scope of Work is not Construction James Barron Personnel Category Construction Superintendent Project Manager m c �a m 1= �a w Cn M N N_ 0 W Y Z_ J C d E L V N a+ r Q 12 `C:AO Construction Services Agreement: [2024 vor,l l Packet Pg. 461 16.B.4.a EXHIBIT B-1. PUBLIC PAYMENT BOND (rollowing This Page) M N LO am N d V C M M m L R W I Cl) M N N_ 0 W Y Z_ J C d E M V N r r Q Constructlon Services Agreement: 1202 Packet Pg. 462 16.B.4.a Executed in 2 Counterparts EXHIBIT B —1, PUBLIC PAYMENT (BOND Bond No, 2353662 Contract No. ITB 24-8234 KNOW ALL MEN BY THESE, PRESENTS: That EARTHBALANCE CORPORATION as PrincipallContractor, and Swiss lie Corporate Solutions America Insurstiaice Corporation, as Surety, located at 1200 Main Street, Suite 800, Kansas City, MO 64105-2478 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of one million two hundred eighty-four thousand ntnc hundred twenty and 110145 dollars --------------- --. 1, this includes allowance for the payment whereof we bind ourselves, our heirs, executors, personal represent atives, successors, and assigns, Jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of , 20_ with Oblige forC-11111EncouNTYDUNE RESTORATIONPLAWTIMG-202-1(Project) In accordance with drawings and specifications, which contract Is incorporated by reference and made a part hereof and is referred to as the Contract. THE CONDITION OF THIS 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 vold; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592, In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this Instrument this —day of 20, the name of undersigned representative, pursuant to authority of its governing body, i2 Packet Pg. 463 16.B.4.a Signed, sealed and delivered In the presence of: PRINCIP�ALICONT CTOR: t?ART'HBALANC,F CORPORAT10N 5i nature c c Name and Title STATE OF rJl';(& COUNTY OF The foregoing Instrument was acknowledged before me by means of Viphysical presence or _ online notarization, this �1 day of � � Lk 20'zi by �1 L+�!_Lr. I as `� >l r ._. I � c� j f J'._ ► l; ,-I V_ t . j%.�);-t. a corporation, on behalf of the corporation. He/She is personally known try me OR has produced _ _ , identification and did (did not) take an oath. My Notary Public State of Fladds AF -$ ury ( 11 239�tBp18n Exp. 41181202B + L �j JJ 2 X- 4 (81 nature of Wary) f ( .t \ 7 r11` f,-l--x t. r - f (Legibly Printed) Notary Public, State of _Ld_.L:,.k-) tA Commission No.: V114 7 2i;q I ?, SURETY. Swiss Re Corporate Solutions America Inn ranee Corporation Authorized Signature NIA NIA NIA (Printed Name) (Business Address) STATE OF NIA COUNTY OF NIA. The foregoing Instrument was acknowledged before me by means of ^ physical presence or online notarization, this _ day of 20! by as of a to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL. SEAL.) corporation, on behalf of the corporation, He/She is personally known identification and did (did N/A (Signature of Notary) NIA (Legibly Printed) Notary Public, State of NIA Commission No.: NIA OR POWER OF A TTORNEY IN FACT CAO a [? Packet Pg. 464 16.B.4.a AsAAttor in Fact Signature '(Attach Power of Attorney) lefirey W. Reich' (Printed Name) Attorney -in -Fact & FL Licensed Resident Agent 1200 lytaiin Street, Suite 800 Kansas CitV, MO 64105-2478 "In uirles.407- (Business Address) STATE OF Florida COUNTY OF Grange The foregoing instrument was acknowledged before me by means of x physical presence or online notarization, this 19th day of July 20 24 by Jeffrey W. Reich as Attorney -in -Fact of Swiss Re Corporatc Solutions America Insurance Corporation a Missouri corporatlon, on behalf of the corporation. He/She is persona4lv known to Me. OR has produced NIA Identification and did (did ,gj take an oath. My Commission Fxpires: 71912026 (=111— �L- K>3roiVyrtda Hti 283384 2026 Name; Elizabeth Luu Karoly (Legibly Printed) Notary Public, State of Florida Commission No.; HH 283384 m 0 t] _ 7 O t� 0 U M N le N O Z 00 H m 0 0 c M N Ln CD N d 0 O O m t O W I U) M N CD N_ uJ 1 Z_ J u _ d E t :.i Q Packet Pg. 465 16.B.4.a Executed in 2 Counterparts Bond No. 2353662 EXHIBIT B — 2: PUBLIC PERFORMANCE BOND Contract No. ITB 24-8234 KNOW ALL MEN BY THESE PRESENTS: That _ EA161IBALANCE CORPORATION as PrincipailContractor, and Swiss Re Corporate Solutions Amcrica Insurance Corporation as Surety, located at 1200 Main Street, Suite 80o, Kansas City, MO 64105-2478 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige In the sum of one million two hundred eighty -lour thousand nine hundred twenty and uo/45 dollars ($ 1,284,920.45-------. --------- . ,r ----------- --- 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: 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 ht~raby 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 VVI NESS WHEREOF, the above parties have executed this instrument this —11 day of 20 , the name of each party being affixed, and these presents duly signed by its undersigned representative, pursuant to authority of Its governing body, CAO lzc� Packet Pg. 466 16.B.4.a Signed, sealed and delivered In the presence of: PRINCIPALICQNTRA TOR, Signature 62; 1, lam. r Ld heD Name and Title STATE OF Z) V1 fA COUNTY OF 9 - The foregoing instrument was acknowledged before me by means of physical presence or _ online notarization, this ,H day of -J t 1.� 202, by ��•f 11 } t Ltv?6 r••t t 4- r as -G 1;''1:f n i I J of V1 )l- corporation, on behalf of the corporation. He/She is personally known orae_OR has produced not) take an oath. My Commission Expires: IEXIIP�,�ZiaI2026 0 of Florida (AF IX &t r (bury misa onlit9100 identification and did (did (Signature of otary) i��1 ���jlt1'1��C•1.a;''i 1� (Legibly Printed) 'd Notary Public, State of FLO 1`PA Commission No.: )-Il-t c2M IS SURI= Y: S► 'ss Re NO Solutions America Insurance Corporation _A r� j'1 1200 Ma' 0 i Authorinature Kansas City. MO 64105-2g78 - jcifreich* "In uiCies 40 - 8 - (Prlilted Name) Attorney-it"I'act (Business Address) & FL Licensed Resident Agent STATE OF Florida COUNTY O 223e The foregoing Instrument was acknowledged before me by means of x physical presence or _ online notarization, this 19th day of July 20 24 by jeffrey WReich as Attorney-' of Swiss Re Corporate Solutions America Insurance Cor snrmtuur a MJ8501JEJ corporation, on behalf of the corporation. Ho/She is personally known - to me OR has produced NIA identification and did (did Mt) take an oath, My Cornmiss Ion Ex pires:7M2D26 (AFFi' Notary publlc Stalo of Florida Elixeboth Luu Karoly Iltl My Commission M1 283384 Expires VW2026 i t re o otary) eth 1.uu Karol (Legibly Printed) Notary Public, State of Florida Commission No.: H11283384 m 0 G _ 7 0 t� L d 0 U M N tb le N O Z m 'In 0 0 c M N Ln CD N d v c 0 m w I rn M N 00 N_ W 1 Z_ M u d M t� O Q 6'ACl 1 Packet Pg. 467 16.B.4.a m 3 G SWISS RE CORPO RATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ('SRCSAIC') 0 SW15S RE CORPORATir SOLUTIONS MMIER INSURANCE CORPORATION ('SRCSPIC') () WLSTPORTINSURA'NCECORPORATIUh' ('WIC') L GENERAL POWER qF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, T14AT SR.CSATC, a corporation duly organized and existing under laws. of the State of Missouri. and V having its principal office in the City ofK4usas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the Slate of n Missouri and having Its principal office in the City orKansas City, Missouri, and WIC, organized under the la►,s ofihe Staic of kissouri, and having its principal office in the city of Kansas City, Missouri, each does hereby make. constitute and appoint: N ao JEFFREY' W. REICH SU5A1~14, RI3ICFl, K!M E. NTY TLIRESA L, I)URHAM. CHERYL A, I'4L1 Y. LISA A. iti7SEi,ANU. � N RMILY J. i30LECKI, SONJA AMANDA FLORL+E HARRIS, ROBERT P. O'LINN, NATHAN K. RI3104, mid SARAH K. O'LINN Z t SEVERALLY ' Its true and lawful Attorney(s)-in•Pael, to make, execute, seal and deliver, for and on its behalf and as its act and deed, hands or other wrilings F- obligatory in the nature of a bond on behalf ofeach ofsaid Companies, as surely, on contracts ofsuretyship as are or may be required or permilted by law. regulation, contract or othenviser provided that no bond or undertaking or contract or suretyship cxccutcd under this authority shall exceed the amount of. m TWO HUNDRED MILLION ($200,000.000.00) DOLLARS C This Power of Attorney Is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of p Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 1$th ofNo+'ember 2421 and lYIC by written consent of ifs Executive CommilteedaledJuly 1$, 2011. ILRESOLVED, that any mo of the President, any Mi tiaging Director, any Senior Vice President, any Vice President, the Secretary or any Assistant � Secrelary be, and each or any of themhereby Is, authorized to execute a power of Atlorney qualifying the attomey nanied in the given Power of � Attorney to execute on behalf ofihe Corporation bonds, undertakings and all contracts ot'surcty, and that each or any of them hereby is authorized to 3 attest to the execution of any such Power of Attorney and to attach therein the seal Of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation maybe affixed to any such Power of Altorncy or to 0 any certiliCale relating thereto by facsimile, and any such Poi►'erofAttomey or certificate bearing such facsimile signatures or facsimile seal shall he G bindle¢ Unpn the Corporation \+'herir+s+a�affixed and In the future K'Ilh and to any bond, undertaking or conttact ofsurety io whleh it is atlachO." Kicc H3AttERlyr' ef1..gPO%1 N ,4r,�G i`' �W,.'•4 isi rrildeniof$RCSAICA,Senior ►'ktPrtdJtnr E irnr r wr. SenraFVlt�Prs taron►rC N trios.. 4h�"rS N�,.•` — t;rri ryrm,�Y1.YIrrF Algol C±A1CA1'1rrPnAdrnrvrtinCSi'IC n q.agn!011. ` r ►VIC CO) Y r ells. IN WITNESS WHEREOF, SRCSA IC, SRCSPIC, and WIC have caused their oRicia seals to be hereunto affixed, and thcsc presents to be signed by their In aulhntized ofticers 04 ihislOTH day of NOVEMBER 20 23 � Swiss Re Corporate Solutions Ameliea Insurance Corporation � State orminois Swiss Re Corporate Solutions Premier Insurance Corporation County of Gook ® 11'esiport Insurance Corporation m s On this IU' H day of NOVEMi3ER 20 3 beroreme, a blolary Public personally' appeared oa e , Scnior Vice President ofSRCSAIC � and Senior Vice Iresident of 5R and Senior Vice President of W IC and emerald Ja_ ervti►ski , Vice President a SRCSAIC and Vice Presidenl of W SRCSPIC end Vice President of WIC, personally known to me, v�ho being by rnC duly s►►nni, acknoicledgt d that they signed the above Pou> r of Atlomry >l aR officers of and acknowledged said inslrument to be the voluntary act and deed orthelrre3Karcn,,ez%vcdn, Ke mpanies. ` tea N tM, Notacy N 1, lellie Oofdtx err• ilia duly cWotad Scnior Vice Presidenl and Assistnm scef tan' oPSRul C and SRCSPIC and WIC, do hereby certify that the above and p foregoing is a Inic and correct copy afa Power ofAllomey givenby' said SRCSAIC and SRCSPIC and WIC, which is still in tiull r fee and ef]'eCt. W Y IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thIL —day of, _, 2� Z C KMEN M SMDA I—le-ffrcy Goldberg, Senior Vice President & m s *ftyPI *, SW01Ikiok Assistant Secretary ofSRCSAIC and Q N�9T8626 o~ 28 202T SRCSPIC and WIC w Q Packet Pg. 468 16.B.4.a EXHIBIT B-3: INSURANCE REQUIREMENTS (Followincq This Page) M N LO rn N C) V C m m m L R W Cl) M N a0 N_ 0 W Y Z J C C) E L V Ci r r Q ConSIrUCIIOn Services Argr¢ Packet Pg. 469 16.B.4.a EXHIBIT 113-3: INSURANCE REQUIREMENTS m _ 7 The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies W duly authorized to do business in the State of Florida as set forth herein. The Contractor shall procure and 3 maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. G 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 c Contractor and County shall, where appropriate, require similar waivers of subrogation from the County v separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar M waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability CM insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work N performed on behalf of Collier County", or the specific solicitation number/contract number and title. The c General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier Z County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall m contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Roard 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 m Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. _ The amounts and types of insurance coverage shall conform to the minimum requirements set forth herein with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents, If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. ®r-PIC.), a Packet Pg. 470 16.B.4.a Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. N 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 sliall not be required to provide a proof of exemption, An application for exemption can be obtained online at https://apps.fldfs.com/borexami)t/ 2. ® Employer's Liability $_1,000,000` single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Farm) patterned after the S_1,000,000 _single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorJVendor 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 ContractorNendor in the performance of this Agreement. 5. 0 Automobile Liability $_1,000,000_ Each Occurrence; Bodily injury & Property Damage. Owned/Non-owned/Hired; Automobile Included G. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworkees Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence m 3 G 0 0 `m 0 U ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work, $ Per Occurrence 0 0 ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 m s each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence w rn ❑ Pollution $ Per Occurrence ❑ Professional Liability $ ❑ Project Professional 1.1abiIity ❑ Valuable Papers Insurance ❑ CyberLlability j� Technology Errors & Omissions M N Per claim & in the aggregate 00 $ Per Occurrence $ Per Occurrence $ Per Occurrence Per Occurrence 1* N_ 0 w 1 Z_ J m E s t� cv cclo;l Packet Pg. 471 16.B.4.a 7, Bid bond Shall be submitted with proposal response in the form of certified hinds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sun equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key hating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 1003$. 9. Z 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. F] On all certificates, the Certificate Ilcstdcr 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. GO — i! ] 9l2024 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 insurancc submitted must provide coverage for a minimum of six (6) months from the date of award. d _ 0 m s 0 w to M N 00 4 N 0 w Y z M Packet Pg. 472 16. B.4.a EXHIBIT C RELEASE AND AFFIDAVIT FORM (Template Form Following This Pacte) ��Il Consiruction Services Agreement, f202h_ll eM N LO am N d V C M M m L R LU I Cl) M N N_ 0 LU Y Z_ J C d E M V N a+ Q Packet Pg. 473 16.B.4.a EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (�) STATE OF { _) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and Its subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of county Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Contractor's Signature Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of this — day of 20_ by of a corporation. He1She is personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) physical presence or J online notarization, _ as (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: corporation, on behalf of the m c Ta m 1= �a w Cn M N v N_ 0 W Y Z_ J Packet Pg. 474 16. B.4.a EXHIBIT D-1 CONTRACTOR APPLICATION FOR PAYMENT FORM (Template Form Following This Pape) M N LO am N d V C m m m L R W I Cl) M N N_ 0 W Y Z_ J C d E L V N 4.1 Ganslruction Services Agreemenl: [2424_ a .1j { Packet Pg. 475 16.B.4.a Owner's Project Manager's Name: Count 's Division Name Submitted by Contractor Re resentative: Name Contractor's Name & Address: Ori inal Contract Time: Revised Contract Time: Retainage @5% $ through [Insert Date] Retainage @ °Io $ after [Insert date] Percent Work completed to Date: Percent Contract Time Completed to Date: Liquidated Damages to $ Be Accrued EXH181T D-1 FORM OF CONTRACT APPLICATION FOR PAYMENT Comrrrissiorrers the OWNER or Collier Countv Water -,Sewer Bid No, Project No. _ Purchase Order No. Application Date: Payment Original Contract Price: Total Chan a Orders to Da#e: Revised Contract Amount: Total Value of Work Completed & Stored to Date: Retainage @ 5% through [Insert date] Less Retainage Total Earned IOUNT DUE THIS PLICATION: Remaining Contract Balance $ No. ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION 6 CONTRACTOR'S CERTIFICATION: N The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of LO 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 s 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 0 amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in c1 advance of such Work. M N 1* N_ 0 W 1 Z_ J r _ d E t t� Packet Pg. 476 16. B.4.a EXHIBIT D-2 SCHEDULE OF VALUES (Template Form Following This egcLej M N LO am N d V C m L R W I Cl) M N N_ 0 W Y Z_ J C d E M V N r r 18 Q Construction Services Agreement; [2024._ver Packet Pg. 477 16. B.4.a EMhlblf 0.2 sehaduls of Values PROJECT NAME: aTORED MATERIAl.S THIS PERIOD or redueUvnof rate, nag o issue eamee dod BInw Iha change In ralPln-S, PROJECT NUMBER: GATk- PERIOD To: TOTAL PPRCfiNT BALANCE compLETeo 6 COMPLETE I TO FINISH STOREDTv GATE Into play. Il lhls hoppana, ail ,elelmoaon up to the dale DESCRIPTION 6CHEpDLED WORK COMPLETER vALUE PRCVIOUSAPpLICA71ONS TMRUDATE' s, CEDATE until }ha caulracl N anmp,ate unlsan a rolaaso in lha Y.,eCe I)nSa Call,,, Ill. Th18 ftaloe what lies hnppm ayL H. RETA GE RrWAOE (+sducad rala) of Iho %ehaupo in Walaa0e le plewd 12024_va41j TOTAL AFTAINADE w,THHELD In tha Thru Dalo ITEM NUMReR le whore You &II pleco all Infon,wtlon @liar lfial dale Is plaeo ' Tho Thru Date column. Information Packet Pg. 478 16.B.4.a EXHIBIT D�3 STORED MATERIALS (Template Form Followrrl This Pa e M N LO am N d V C m L R W I Cl) M N N_ 0 W Y Z_ J C d E L V N r r Q Construction Services Agreement: 1202.4 ve . Packet Pg. 479 16. B.4.a PROJECT NAME: Exhibit D-3 Stored Materials Record FROJECT NUMBER; DATE: PERIOD TO: Balanou l4 InaIeI,(E) Is a INIDfee by: Pmviouely RewrdW l%}. Racplwd lhIm PedudR- PreAusly InVage0(c)-Insi And MIL Pemd(Q). j=, ver.1} Packet Pg. 480 16.B.4.a EXHIBIT D-4 CASH FLOW PROJECTION (Template Form Following This Page) M N LO am N d V C m L R W I Cl) M N N_ 0 W Y Z_ J C d E L V N r r Q Construction Service& Agreement, (2024. dr.1 Packet Pg. 481 16.B.4.a EXHIBIT D-4 CASH FLOW PROJECTION Project Name: Project #: Scheduled Value bate*: Item It Descrl tlon & Quantities Allowance $ Grand Totals 1 2 3 4 5 ii 7 8 9 14 Z1 12 13 14 15 16 17 18 19 1.O 21 22 z� 24 25 26 27 28 29 30 Total *Projected Date for constrtictlonJinstaltation of designated Item N. (2024_ver.11 M N uO rn N C) C m L to w I Cl) M N Co N_ LU Y Z_ J C C) E M V C3 r r Q CC40 Packet Pg. 482 16.B.4.a EXHIBIT E-1: CHANGEORDER Tem late Form Followin This Pa-e M N LO am N d V C m L R W Cl) M N N_ 0 W Y Z J C d E L V N r r Q 2} Construction Services Agreement: 12024 e7.1 Packet Pg. 483 16.B.4.a CoMeY County Procurement Services Change Order Form Contract# coo PO# project M Project Name: Contractor/Consultant Name: Select One: ❑ Contract Modification (Construction or Project Specific) ❑ Work Order Modification Project Manager Name: Division Name: Original ContractlWork Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current ContractlWork Order Amount SAP Contract Expiration Date (MASTER) Dollar Amount of this Change 0.00°% Total % Change from Original Amount % Change from Current BCC Approved Amount Revised ContractlWork Order Total KOO 0.00% Total Cumulative Changes $0.00 0.00% % Change from Current Amount Notice to Proceed Original NTP Original Final Last Final Date I I # of Days Completion Date Approved Date # of Days Added Revised Final Date Current Substantial Completion Date (includes this change) (if applicable) Provide responses after each question in box below (Responses should be brief and specific). Attach additional information and/or documentation from the Design Professional and/or Contractor, if needed, with your submission of this Change Order and complete summary on next page. Check all that apply to this Change Order request: ❑ Add Time; ❑ Add funds; ❑ Use of Allowance; ❑ Modify/Delete existing Task(s); ❑ Add new Task(s); ❑ Reallocate funds; ❑ Other (must be explained in detail below) 1.) Detail of change/s to be made through this Change Order. 2.) If this Change Order is currently under a Stop Work, please identify the date issued and number of days remaining or "N/K if not applicable. 3.) Explain why this change was not included in the original contractfWork Order. 4.) Describe the impact if this change is not processed. Pr nra 9 of 6 Change Order Form (2024_ver.1) Packet Pg. 484 16.B.4.a c Ca per C014nty Procurement Services Change Order Form o c Contract# CO# PO# Project #: 0 L Project Name: d_ 0 ContractorlConsultant Name: V El Check here if additional summary pagels are attached to this Change Order Page 2 of 4 Change Order Form (2023—ver.1) d c ca t R W Cl) M N N_ 0 W Y Z_ J C d L U r r Q Packet Pg. 485 16.B.4.a Coffler Cowity Procurement Services Change Order Form Contract# coo PO# Project #: Project Name: Contractor/Consultant Name: Acceptance of this Change Order shall constitute a modification to contract/ work order menrrrlea above arlu wni 1- subject to all the same terms and conditions as contained in the contract/ work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/ Vendorl Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. ContractorlConsultantlDesign Professional signature below must be from an authorized personlofficerldirector of the Company or listed as the qualified licensed Professional "Project Coordinator" or Design/Engineer Professional under the agreement. Signature authority of person signing will be verified through the contract OR through the Florida Department of State, Division of Corporations (Sunbiz) website (httRs•//do5 myflorida.com%sunbizlsearchl). if the person signing is not listed, we will require signature authority by one of the listed officers/directors of the company giving that person signature authority. Prepared by: Date: Signature -Division Project Manager Printed Name Accepted by: Date'.Signature- Design/Engineer Professional (if appfcable) Printed Namel71tle/Company Name Accepted by: QEll4:., Signature- ContractorlConsultantlVendor Printed NamefTitlel Company Name Approved by:. Date: Signature -Division Manager or Designee (Optional) Printed Name Approved by: Signature -Division Director or Designee (Optional) Printed Name Approved by, Signature -Division Administrator or Designee (Optional) Printed Name Date.' Date: Page 3 of 4 Change Order Form (2024_ver.1) Packet Pg. 4 6 16.B.4.a C01fleV C014"t ► contract# CO# Project Name: Contractor/Consultant Name: FY CHO Request # 3 Procurement Services Change Order Farm 0 c Po# Project M 0 L d FOR PROCURMENT USE ONLY Approved by: Signature -Procurement Professional Signature/Date Approved by, Sig nature -Procurement Manager/Director (OPTIONAL) APPROVAL TYPE: ❑ Administrative ❑ Administrative -BCC Report n BCC Stand -Alone ES (BCC Approval Required) BCC APPROVAL. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M Date: Agenda # Approved as to Form and Legality: Deputy County Attorney Print Name Page 4 of 4 Change Order Form (2024_ver.1) Chairman 0 U a� c Ta m 1= �a w Cn M N N_ 0 W Y Z_ J C d E_ L V N r r Q r Packet Pg. 487 16. B.4.a EXHIBIT E-2: WORK DIRECTIVE FORM (Template Form Followinq This Page) 22 Conslructlon Services Agreement: [2024_ver,1] M N LO am N d V C M M m L R W I Cl) M N N_ 0 W Y Z_ J C d E M V N a+ r Q Packet Pg. 488 16.B.4.a EXHIBIT E-x WORK DIRECTIVE CHANGE PROJECT NAME; CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: 'You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract amount or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract amount: Times: ❑ Unit Prices ❑ Lump Sum [] Other A not -to -exceed itemized estimated increase (decrease) in Contract amount: RECOMMENDER: LIN Engineer/Design Professional Method of determining change in Contract d r] CONTRACTOR's records ❑ .Engineer's retard ❑ Other Estimated change in Contract Time: Increase or decrease by AUTHORIZED: 0 owner's Representative calendar days. 04 N 0 w Y Z_ J _ m E s t� cv a Packet Pg. 489 16.B.4.a EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (Template Form Following This Page M N LO am N d V C m m m L R W I Cl) M N N_ 0 W Y Z_ J C d E L V N r r Q 23 Construction Services Agra t- 2024 ver. Packet Pg. 490 r 16.B.4.a OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION r Q Packet Pg. 491 16.B.4.a m c 3 0 This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract c Documents. The items in the final punch list shall be completed or corrected by CONTRACTOR U within days of the above date of Substantial Completion and Contractor shall provide 0 Owner with written notice that all punch list items have been completed. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, N maintenance, heat, utilities, insurance, and warranties shall be as follows: N RESPONSIBILITIES: OWNER: CONTRACTOR: 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 a Signature of Design Professional Type Name and Title 0 m CONTRACTOR accepts this Certificate of Substantial Completion on _ 20— and will submit within five calendar days, an approved pay application to bcca clerk collierclerk,com. uwi The pay application will include regular schedule of value scope work to be billed and all work to be billed for all change orders. N Signature of Contractor Type Name and Title OWNER accepts this Certificate of Substantial Completion on Signature of Owner Type Name and Title irr Iwo 120 Packet Pg. 492 [2o24_ver.1 ] 16. B.4.a EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM (remplate Form Following Mis Page) 1 C,A{j Construdlon Services Agreement: 12024 vet lj M N LO am N d V C m m m L R LU I Cl) M N N_ 0 LU Y Z_ J C d E L V m 4+ Q Packet Pg. 493 16.B.4.a OWNER'S Project No. iUl r a;1x01 Contract For _ Contract Date EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION Design Professional Project No, This Certificate of Final completion applies to all Work under the Contact documents. The warranty in Exhibit G-2 is attached to and made a part of this Certificate. To OWNER And To a c The Work to which this Certificate applies has been inspected by authorized representatives of 2 OWNER, CONTRACTOR AND DESIGN PROFESSIONAL; and that Work is hereby declared to he m finally complete in accordance with the contract documents on: w i Cn M N DATE OF FINAL N COMPLETION o w Y Z_ J C d !_ Z V N Packet Pg. 494 16.B.4.a Intentionally left blank Executed by Design Professional on 20 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Substantial on this Signature of Contractor Type Name and Title OWNER accepts this Certificate of Final Substantial on this Signature of Owner Type Name and Title 2Q_ ,20 a� E M U r Packet Pg. 495 Vtei . 16.B.4.a EXHIBIT F-3 PUNCH LIST FORNI (Template Farm Following This Pae M N LC1 am N d V C m L R W I Cl) M N N_ 0 W Y Z_ J C d E L V N r r Q Construction Services Agr 24 ve Packet Pg. 496 16. B.4.a EXHIBIT F-3 PUNCH LIST FORM Item No. Description Value Campietion Date Dated Approved by Owner Subtotal x 150% M N LO am N d V m W M N N_ 0 W Y Z J Packet Pg. 497 16.B.4.a EXHIBIT G-1 FINAL PAYMENT CHECKLIST (Template Form Following This Page) M N LO rn N C) V C m m m L R LU I Cl) M N a0 N_ LU Y Z_ J C C) E L V Ci r r 26 Q Construdlon Services Agreement (202 ,var i] Packet Pg. 498 16.B.4.a Bid No.: Contractor: EXHIBIT G-1: FINAL PAYMENT CHECKLIST Project No.: PO No Date: The fallowing 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 pate: 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: Q 10. 11. Consent of Surety received on Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner, 0 14. Other: If any of the above is not applicable, indicate by NIA. If No is checked for any of the above, attach explanation Acknowledgments: Executed by Design Professional on Signature of Design Professional Executed by Contractor on Signature of Contractor Executed by Owner on 120 Signature of Owner 29 Type Name and Title 20 Type Name and Title Type Name and Title a� c M to m �a w i Cn M N N_ 0 W Y z_ J c m E U r r Q Packet Pg. 499 [2024,ver.11 16.B.4.a EXHIBIT G-2 WARRANTY Tern late FormFollowin This Pa e M N LO am N d V C m m m L R LU Cl) M N N_ 0 LU Y Z J C d E L V N a+ r 2� a1 Construction Services Agreement I2024_ver, j `A Packet Pg. 500 16.B.4.a W14:1I9li iica+a WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Substantial Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF SUBSTANTIAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace andfor repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. CONTRACTOR: WITNESS: Signature Name Printed and Title Signature Name Printed aD c m w Cn M N N 0 w Y Z_ J Packet Pg. 501 16.B.4.a 5XHIBIT 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. 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. za Construction Services Agreement:1 r2'Packet Pg. 502 16.B.4.a m 7 G a 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services c above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being 0 referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities d to determine the necessity for relocating or temporarily interrupting any Utilities during the U 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, M supporting, and protecting all Utilities at all times during the course of the Work. The Contractor is 04 responsible for coordinating all other utility work so as to not interfere with the prosecution of the le Work (except those utilities to be coordinated by the Owner as may be expressly described c elsewhere in the Contract Documents). i 23 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (i]) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3A The Contractor, within ten (10) calendar days after the Board's award of the Agreement, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time, The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 2s (CAO Construction Services Agreement. 2024 ver.1] Packet Pg. 503 16.B.4.a limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4,1 At least ten (10) days prior to submitting the monthly Application for Payment, the Contractor shall submit to the Project Manager a final schedule of values and .'cash flow projection" that establishes the projected date for the construction/installation for all activities of the Work shown on the accepted schedule, including quantities and unit prices totaling to the Contract Price. The Schedule of Values shall be satisfactory in form and substance to the Project Manager and shall subdivide the Work into component parts in sufficient detail to serve as the basis for measuring quantities in place and calculating amounts for the Contractor's monthly progress payments during construction. Further, it shall include the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. Unsupported or unreasonable allocation of the Contract Price to any one activity shall be justification for rejection of the Schedule of Values. The Contractor shall not submit an unbalanced schedule of values which provides for overpayment to the Contractor on activities that would be performed first. The schedule of values shall be revised and resubmitted until acceptable to the Project Manager. Once the schedule has been accepted by the Project Manager, the Owner reserves the right (at its option) throughout the Contract to require that the Contractor honor a particular price contained in the schedule of values, if the activity pertaining to it is being deleted or modified. Upon approval of the schedule of values by the Project Manager, it shall be incorporated into the form of Application for Payment attached to the Agreement as Exhibit D and shall be used as the basis for the Contractor's monthly Applications for Payment. The schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative. 4.2 The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date, and monthly thereafter, but not more often than once a month or prior to substantial completion being met. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner In advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record form attached hereto and made a part hereof as Exhibit ❑-3. d 0 m 0 w U) M N 11 N 0 w 1 z_ M d E s 30 ! Construction Services Agreement: 12024_ver.I I Packet Pg. 504 16.B.4.a m c 3 0 4.4 The cash flow projection shall be a fixed monthly projection of the value of Work in place. If 3 the actual cash flow (represented by the Application for Payment) for any month is less than eighty- v five percent (85%) of the projected amount for that month (as established by the Contractor in the L_ Gash fiow projection form it submits), then the Contractor may be barred from bidding other County °' projects until the value of Work in place is corrected and within ninety-five (95%) of the projected v value. (See attached Exhibit D-4, Cash Flow Projection form). - 4.5 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). Within twenty (20) business days after the date of each Application for Payment is stamped as received, and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.735, F.S. and the terms of the Contract Documents. 4.6 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and resubmit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.7 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255,078, Florida Statutes shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.8 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's rn Work. aD 4.9 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by m Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each wi Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that > each Subcontractor, sub -subcontractor, or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless N these affidavits are furnished by Contractor. N 4.10 Contractor agrees and understands that funding limitations exist and that the expenditure of w funds must be spread over the duration of the Project at regular intervals based on the Contract Z Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Cash Flow Projection, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early E U 31 CAO a Construction Services Agreement: [2024_ver.1] Packet Pg. 505 16.B.4.a m 0 G completion of the Work shall modify the time of payments to Contractor as set forth in Exhibit D-4, _ c Cash Flow Projection, 4.11 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed v under this Agreement, Contractor shall continue to perform the Work required of it under this . Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all cm amounts that Owner does not dispute are due and payable. le 4.12 Payments will be made far services furnished, delivered, and accepted, upon receipt and z approval of invoices submitted on the date of services or within six (6) months after completion of m contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the ;. essence with respect to the timely submission of invoices under this agreement. ;a m 4.13 The Owner may, at its discretion, use VISAIMASTER card credit network as a payment 0 -' vehicle for goods and/or services purchased as a part of this contract. The Owner may not accept (credit card transaction fees) as a result of using the Owner's credit card any additional surcharges for transactions relating to this agreement. S. PAYMENTS WITHHELD. L 3 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- 0 compliance with the Contract Documents. The Project Manager may nullity the whole or any park ofcc any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such E extent as may be necessary in the Owner's opinion to protect it from loss because of: E (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating 0 CD 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 N unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed N 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) m days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying w the situation at Contractor's expense. Owner also may offset against any sums due Contractor the rnl 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. le 5.3 In instances where the Contractor may owe debts (including, but not limited to taxes or other N fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these o debts, the County reserves the right to off -set the amount owed to the County by applying the amount Y owed to the vendor or contractor for services performed of for materials delivered in association with Z a contract. J 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not markup the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the 32 - Construction Services Agreement: Packet Pg. 506 16.B.4.a m c 3 0 Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, v directly or indirectly. a� 0 6. FINAL PAYMENT. v 6.1 Owner shall make Final Payment to Contractor in accordance with Section 218.735, F.S. and le N the terms of the Contract Documents after the Work is finally inspected and accepted by Project °P Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit N condition precedent to the accrual of Contractor's right to Final Payment, shall have furnished Owner Z with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to Final Payment and such other m documentation that may be required by the Contract Documents and the Owner. Prior to release of v Final Payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Acceptance and Final Payment Checklist, a representative copy of which m is attached to this Agreement as Exhibit G. ° c 0 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered 0 by the Design Professional or Project Manager at the time of final inspection. 0 7. SUBMITTALS AND SUBSTITUTIONS. r 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval aD E of materials to be submitted such as shop drawings, data, test results, schedules and samples. 0 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. N 7.2 Whenever materials or equipment are specified or described in the Contract Documents by Ln rn Flk using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be m accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone wi other than Contractor and all such requests must be submitted by Contractor to Project Manager > within thirty (30) calendar days after Notice to Proceed is received by Contractor, unless otherwise M 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 v shall make application to the Project Manager for acceptance thereof, certifying that the proposed Y substitute shall adequately perform the functions and achieve the results called for by the general Z design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract U 0 r x a1 33 Construction Services Agreement: [2424 ver.11 . q Packet Pg. 507 16.B.4.a Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing, The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 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 0 including, but not limited to, the following, 8.1.1 Weather conditions showing the high and low temperatures during work hours, w the amount of precipitation received on the Project site, and any other weather conditions which co adversely affect the Work; 04 8.1.2 Soil conditions which adversely affect the Work; N 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; w Y 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working Z 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); 0 0 a 34 �C) Construction Services Agreement: 2424 ver.1 Packet Pg. 508 1ti.B.4.a 8.1.6 Description of Work being performed at the Project site; S.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8,1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit, and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, or such longer period as may be required by law, whichever is later, pursuant to 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 34112-6746 Telephone: (239) 252-8999 Email: PublicRecordRequest(&colitefcountyfl.gov GonstructlonServices Agreement; 12024 ver,11 r Packet Pg. 509 16.B.4.a m 7 G The Contractor must specifically comply with the Florida Public Records Law to, C c t� 1, Keep and maintain public records required by the public agency to perform the service. D 2. Upon request from the public agency's custodian of public records, provide the public c 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 M chapter or as otherwise provided by law, cm 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 ° z 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 a the public agency upon completion of the contract, the Contractor shall destroy any o duplicate public records that are exempt or confidential and exempt from public records c disclosure requirements. If the Contractor keeps and maintains public records upon C completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public > agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. z 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 materialmen, 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. 36 Construcllon Services Agreement: 12024 vera rCqr Packet Pg. 511 16.B.4.a m 7 G 9A In no event shall any approval by Owner authorizing Contractor to continue performing Work _ c under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any U right or claim Owner may have against Contractor for delay damages hereunder. 2D 10. CHANGES IN THE WORK. 0 v 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 c emergency endangering life or property, or as expressly set forth herein, no addition or changes to Z the Work shall be made except upon written order of Owner in the form of a Work Directive, Exhibit m E-2, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed V work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. m Owner will not be responsible for the costs of any changes commenced without owner's express e prior written approval. Failure to obtain such prior written approval for any changes will be deemed: o (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 Oontractor hereunder. 10.2 A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the 3 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 o manner as Owner and Contractor shall mutually agree. c 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 CD E 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 0 a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any CD 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 N Ln N 4 of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actua4 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 m 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 Li (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and > le home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 00 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right N o to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim Y with respect to Contractor's costs associated with any Payment Application, Change Order or Work J Directive Change. u 10.5 The Project Manager shall have authority to order minor changes in the Work not involving E an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with 37 Construction Services Agreement: 2024 ver.9 Packet Pg. 511 16.B.4.a the intent of the Contract Documents. Such changes may be affected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Procurement Ordinance, as amended and the terms of the Contract Documents in effect at the 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 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 10A. 11.3 The Contractor shalt 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 0 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. w 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct >i contract (or if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and N 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 Y endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut Z 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 U r r 38 Q Construction Services Agreement: [2024 ver11 Packet Pg. 512 16.B.4.a m 0 G a benefit of Contractor in said direct contracts between Owner and such utility owners and other 3 0 contractors. . 12.3 if any part of Contractor's Work depends for proper execution or results upon the work of any o 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. N 13. INDEMNIFICATION AND INSURANCE. z0 13.1 To the maximum extent permitted by Florida law, the Contractor shah defend, indemnify, and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement, 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner, and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit 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. N CD 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 0 (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor m 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 co 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, M 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 N for such increases, except to the extent Contractor knew or should have known of such changes w prior to the date of this Agreement. Y z 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 1886 as located at 8 U.S.C. 1324, et s_eq• and regulations d relating thereto, as either may be amended. Failure by the Contractor to comply with the laws 0 a 39 Construction Services Agreement, 12024 ver.11 Packet Pg. 513 16.B.4.a m c 3 0 referenced herein shall constitute a breach of this agreement and the County shall have the C 0 discretion to unilaterally terminate this agreement immediately. v 2 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United 0 States and to employ only individuals who are eligible to work in the United States, including the v requirements set forth in Florida Statute, §448.095. M The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland N v "' Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- 0 based means of verifying employment eligibility of workers in the United States; it is not a substitute Z for any other employment eligibility verification requirements. The program will be used for Collier m County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. =- 'm Contractors 1 Bidders are required to enroll in the E-Verify program, and provide acceptable evidence 0 of their enrollment, at the time of the submission of the Contractor'slbidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of o 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 > c they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providina both the acceptable E-Verif evidence and the executed affidavit the bidder's J Contractor's proposal may be deemed non- 3 resR onsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for o o all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) 0 E program visit the following website: http://www.dhs.govl Veri. It shall be the Contractor's E 0 responsibility to familiarize themselves with all rules and regulations governing this program. as 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 ofLO 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended v 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. 00 �a 15. CLEANUP AND PROTECTIONS. wl 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste rn > materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, M rubbish and waste materials from and about the Project site, as well as all tools, appliances, v construction equipment and machinery and surplus materials, and shall leave the Project site clean C4 and ready for occupancy by Owner. o w Y 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, Z 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 23 above, any such improvements so damaged E U 40 r r Q Gonsiructlon Services Agreement; 2024 vent} Packet Pg. 514 16.B.4.a m 7 G C shall be restored by Contractor to the condition equal to that existing at the time of Contractor's c commencement of the Work. v `m 16. ASSIGNMENT. v 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, cm without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement N or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor c all of the obligations and responsibilities that Contractor has assumed toward Owner. Z 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. 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 arrd 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 (0) 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 defaults) 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 41 Construction Services Agreement: 2024 vor.1 Packet Pg. 515 16.B.4.a m 7 G 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. 0 L 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not D be entitled to receive any further payments hereunder until after the project is completed. All moneys U 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 N Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall eo be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the N Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such c excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the z maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all m 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 m survive termination of the Agreement. ° 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 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 N owed by Owner to Contractor under this Agreement, and (0) Owner has failed to cure such default o 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 wi 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 M the Owner, terminate the Agreement and recover from the Owner payment for Work performed 04 through the termination date, but in no event shall Contractor be entitled to payment for Work not � performed or any other damages from Owner, o 19, TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. w z z_ M 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) u 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 E 42 Constructlon Services Agreement: 12024_ver.11 Packet Pg. 516 16.B.4.a m 7 G a through the date of termination, together with any retainage withheld and reasonable termination c expenses incurred, but Contractor shall not be entitled to any other or further recovery against U Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not d 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 cm the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of le time to its schedule in accordance with the procedures set forth in the Contract Documents. In no c event shall the Contractor be entitled to any additional compensation or damages. Provided, Z however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to m terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 'm 24. COMPLETION. o _ Substantial Completion and Development of the Punch List C W 26.1 Substantial Completion is as defined in the Defined Terms section of this Agreement. When the Contractor believes Substantial Completion has been achieved, it shall certify in writing to the S Project Manager that the Project is Substantially Complete in accordance with the Contract Documents and request the Project Manager to inspect the Work and to issue a Certificate of cc Substantial Completion. Prior to making such a request the Contractor must: a) Complete all Work necessary for the safe, proper and complete use or operation of the Project as intended, including: all regulatory agency requirements are satisfied, including occupancy permits; operating certificates and similar releases; all operational testing has successfully occurred; all required training has successfully occurred; all close-out documents (such as as -built drawings, certifications, warranties, guaranties, test reports test logs, operational manuals, etc.) have been provided by Contractor and accepted by Owner. b) Prepare a Contractor -generated punch list (i.e., a list of all items required to render N the Project complete, satisfactory, and acceptable, for submission with the request for inspection and issuance of a certificate of Substantial Completion), which shall = include and list separately the estimated cost to complete each remaining unfinished item included on the list with an explanation as to the basis for those In costs, substantiated by the Schedule of Values, subject to the owner's final review and approval as stated below. w c) Upon receipt of the request from the Contractor, the Project Manager, assisted by i co > the Professional, if any, and other Owner personnel, as appropriate, shall review N the request, the Work and the Contractor -generated Punch List to determine 00 4 whether the Work is ready for Substantial Completion inspection, If this review fails to support Substantial Completion inspection, the Project Manager shall so w notify the Contractor citing the reasons for rejection. If the Project Manager and Y Professional (if any) determine the Work is ready for Substantial Completion Z inspection, the following procedures will be followed: 1. The Project Manager will, within a reasonable time, schedule, and conduct E inspection(s) of the Work with the Professional (if any), other Owner �a 4.3 i' r.-l�, Construction Services Agreement, fn24 ver.11 Packet Pg. 517 16.B.4.a 20.2 m 7 G personnel as required, and the Contractor for the purpose of formally c reviewing the status of completion of the Work, the readiness of the Project v for use and the Contractor -generated Punch List. A copy of the Contractor- d generated punch list will be provided to all participants and any additional 'o items noted during the inspection will be added to the list. The Project U Manager, the Professional, their representatives and other Owner representatives will review the Work and the Contractor -generated punch N list to assure all deficiencies are noted on a final document (Exhibit F-3 le Punch List Form). The Punch List must include all items required to render N the Project complete, satisfactory and acceptable. If Project Manager and c Contractor disagree on whether an item belongs on the Punch List, the Z Project Manager has the final say on whether the item is included or not. m The Punch List shall be finalized and issued to the Contractor by the Owner within the time frames indicated below. -a 2. If upon completion of the inspection(s) the Owner does not consider the Project Substantially Complete, the Project Manager will notify the Contractor in writing giving reasons why the Project is not Substantially Complete, 3. If, upon completion of the inspection(s), the Owner considers the Project Substantially Complete, the Project Manager shall prepare a Certificate of Substantial Completion to establish the date for Substantial Completion as the date of the completed inspection(s). The Certificate of Substantial Completion shall be approved by the Owner upon the signature of both the Project Manager and the Professional and shall be issued to the Contractor. The Certificate shall fix the date of Substantial Completion. 4. Substantial Completion cannot occur until all conditions necessary for safe and proper use, occupancy, maintenance, and operations are in place. Time Frames for Issuance of the Punch List N (a) The Owner shall issue the Punch List to the Contractor within the time frames CD described below, provided that the Contractor has completed its obligations in providing a proper contractor -generated Punch List prior to the Substantial Completion inspection. m (b) For construction estimated to cost less than ten million dollars w ($10,000,000.00), the Punch List must be finalized within thirty (30) Days after the Substantial Completion date. LUi > (c) For construction projects estimated to cost more than ten million dollars M 04 ($10,000,000,00), the Punch List must be finalized and issued within forty-five N (45) Days after the Substantial Completion date, o w (d) For construction projects involving more than one building or structure or z multiple phases, the Punch List must be prepared for each building, structure M or phase within thirty (30) Days of the Substantial Completion date of a particular building, structure or phase if it is estimated to cost less than ten s 44 Construction Services Agreement: [2024_ver.11 Packet Pg. 518 16.B.4.a 20.3 m _ 0 G million dollars ($10.000,000.00) or within forty-five (45) Days if it is estimated c to cost more than ten million dollars ($10,000,000.00). U L d (e) if the development of the Punch List takes the full amount of time designated 'o (or a portion thereof) and includes a tentative punch -list based upon the above U dollar amount thresholds, the delivery of the Punch List of items shall be delivered by the Owner no later than five (5) business days thereafter. Within N twenty (20) business days after the delivery of the Punch List to the Contractor, 00 the Owner must pay the Contractor the remaining contract balance owed, that N includes all retainage previously withheld by Owner less an amount equal to z° 150 percent (150%) of the estimated cost to complete the items on the Punch .. List. At the same time the Owner delivers the Punch List Contractor shall submit m a payment application requesting that Owner pay the Contractor the remaining contract balance owed including all retainage previously held by Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the items to on the Punch List. 0 0 (f) The failure to include any corrective work or pending items not yet completed on the Punch List does not alter the responsibility of Contractor to complete all the construction services purchased pursuant to the Contract Documents. (g) Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the Punch List. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. Completion of Punch List Work and Release of Remaining Contract Balance E (a) Upon completion of the Punch List Work, the Contractor shall certify in writing 0 d to the Project Manager that all Punch List Work has been completed in accordance with the Contract Documents and request the Project Manager to N inspect the Work and to approve Punch List completion. If, in the Project o Manager's opinion, the Work is not ready for such inspection, the Project Manager will so inform the Contractor, giving reasons for such opinion. if the Project Manager is satisfied that an inspection is warranted, the Project Manager will, within a reasonable time, schedule and conduct inspection(s) of the facility with representatives of the Owner's user department, the Professional (if any), and the Contractor, for the purpose of formally reviewing w the completion of Punch List Work. If the Project Manager and the Contractor i disagree on whether an item remains incomplete, the Project Manager has the > final say on whether the item is complete or not. M (b) If, upon completion of the inspection(s) the Owner does not consider the Punch N N List Work complete, the Project Manager will notify the Contractor in writing o giving specific reasons why the Punch List Work is not complete. Y z (c) Upon completion of all items on the Punch List, the Contractor may submit a Payment Request for the remaining amount withheld by the Owner, If a good - faith dispute exists as to whether one or more items identified on the list have been completed pursuant to the Contract Documents, the Owner may continue s C 1. r a 5 Construction Services Agreement, [2024 vei. I Packet Pg. 519 16.B.4.a m 7 G a to withhold an amount not to exceed one hundred and fifty percent (150%) of c the total costs to complete such items. This remaining balance of retainage may be requested by the Contractor in its Application for Final Payment after D Final Acceptance of the Work by Owner (Exhibit F-2 Certificate of Final Completion). (d) All items that require correction under the Contract Documents and that are identified after the preparation and delivery of the Punch List shall remain the obligation of the Contractor. (e) Warranty Items may not affect the Final Payment of retainage pursuant to Section 218.735(7)(f), Florida Statutes. (f) If the Owner fails to comply with its responsibilities to assist in developing the Punch List within the time frame applicable to the Project (as described above), the Contractor may submit a request for all remaining retainage withheld by the Owner. The Owner need not pay or process any payment request for retainage if Contractor has, in whole or part, failed to cooperate with the Owner in development of the Punch List or failed to perform its contractual responsibilities with regard to development of the Punch List. Additionally, the Owner does not have to pay or release any amounts that are the subject of a good -faith dispute, the subject of a claim brought pursuant to Section 255,05, Florida Statutes, or otherwise the subject of a claim or demand by the Owner or Contractor. 20.4 Final Completion (a) Upon written notice from the Contractor that the Project is complete, the Project Manager shall schedule a final inspection with the Contractor, the Design Professional, and any other personnel requested by the Project Manager. The Project Manager shall notify the Contractor in writing of any Work this inspection reveals to be defective, or otherwise not in accordance with the Contract Documents. The Contractor shall immediately take such action as may be necessary to remedy such defects and bring the Project into full compliance with the Contract Documents and then request another inspection. (b) Final Completion of the Work shall be achieved by the Contractor when all the Work required under the Contract Documents has been satisfactorily completed, including all Punch List work, and specifically as noted in the Specifications section. (c) After the Project Manager has determined that all Work has been completed, the Project Manager will issue a Certificate of Final Completion Exhibit F-2 for the Work. 20,5 Application for Final Payment After the Certificate of Final Completion, Exhibit F-2 for the Work has been issued by the Project Manager, the Contractor may make Application for Final Payment following the procedure for progress payments. As an explicit condition precedent to the accrual of Contractor's right to Final Payment, Contractor shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well 46 Construction Services Agreement. 24 ver.7 Packet Pg. 520 16.B.4.a m 3 G as a duly executed copy of the Surety's consent to Final Payment and such other c documentation that may be required by the Contract Documents, including but not limited to: U d (1) Receipt of Contractor's Final Application for Payment. o (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to Final Payment. (4) Receipt of the Final Payment Check list, Exhibit G-1. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising c out of the Contract Documents, to the extent and in such form as may Z be designated by Owner. m e— Prior to release of Final Payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of m which is attached to this Agreement as Exhibit G-1. C 20.6 Approval of Final Payment (a) If, on the basis of the Project Manager's observations and review of Work during Construction, final inspection, and review of the Application for Final Payment (all as required by the Contract Documents), the project Manager is satisfied that the Work has been completed and the Contractor has fulfilled all of its obligations under the Contract Documents, the Project Manager will, within ten (10) days after receipt of the Application for Final Payment, indicate in writing that the entire remaining balance is found to be due and payable to the Contractor and approve payment. Otherwise, the Project Manager will return the Application to the Contractor, indicating in writing the reason for refusing to approve for Final Payment, in which case the Contractor will make the necessary corrections and resubmit the Application. Owner reserves the right to inspect the Worm and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. (b) Contractor's acceptance of Final Payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in cv accordance with the requirements of the Contract Documents and identified by m Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver w of Owner's right to enforce any obligations of Contractor hereunder or to the col recovery of damages for defective Work not discovered by the Design > Professional or Project Manager at the time of final inspection. N N (c) The Contractor's obligation to perform the Work and complete the Project in w accordance with the Contract Documents shall be absolute. Neither approval Y of any progress or Final Payment, the issuance of a Certificate of Substantial Z Completion, any payment by the Owner to the Contractor under the Contract Documents, any use or occupancy of the Project or any part thereof by the Owner, the issuance of a Final Completion, any act of acceptance by the Owner, E any failure to do so, nor any correction of defective Work by the Owner shall a 47 � Construction Servlces Agreement: 2U14 ver.11 C Packet Pg. 521 16.B.4.a m 0 G constitute an acceptance of Work not in accordance with the Contract c Documents. v L d 21. WARRANTY. v 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any N subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to le be incorporated into the Project. Contractor warrants to Owner that any materials and equipment N furnished under the Contract Documents shall be new unless otherwise specified, and that all Work z0 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 m 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 m 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 c 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 — 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 0 = representative of the Owner, shall conduct an inspection of the warranted work to verify compliance 2 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. d Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify E the Contractor from future laid opportunities with the Owner, in addition to any other rights and 0 remedies available to Owner. CD 22 TESTS AND INSPECTIONS. N 22.1 Owner, Design Professional, their respective representatives, agents and employees, and as governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or oft of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall m provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. w 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public i > authority having jurisdiction over the Project requires any portion of the Work to be specifically M 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 N approval. All inspections, tests or approvals shall be performed in a manner and by organizations o acceptable to the Project Manager. LU Y 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and z costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 4e Construction services Agreement: [2424,ver.11 �+ Packet Pg. 522 16.B.4.a m 7 G _ 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence c from the Project Manager, such work must, if requested by Project Manager, be uncovered for V observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project d Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted U 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 c engineering and inspection expenses incurred by Owner in connection with any overtime work. Such Z overtime work consisting of any work during the construction period beyond the regular eight (8) hour m 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 :2 inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to 0 perform the Work in accordance with the Contract Documents. _ 0 W 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect, and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed o` 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 N 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 N 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, w exposure, observation, inspection, testing and reconstruction, co 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, M suitable materials or equipment or fails to finish or perform the Work in such a way that the completed 00 Work will conform to the Contract Documents, Project Manager may order Contractor to stop the N Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project o Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein w shall be construed as obligating the Project Manager to exercise this right for the benefit of Design J 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 U ag C a Construction Services Agreement, {2424_ver.11 Packet Pg. 523 16.B.4.a m 7 G a costs attributable to the Owner's evaluation of and determination to accept defective Work. If such c 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 d Documents, and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts U 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. M 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 falls to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect, and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect, and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 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-3 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever Contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's 54 Construction Services Agreement: 2424 ver-1 Packet Pg. 524 16.B.4.a m 7 G a monthly pay estimate, sufficient moneys to account for the owner's loss of adequate project 3 supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered, 2D 0 26, PROTECTION OF WORK. v 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 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. 51 Construction Services Agreement' 2024 ner.i Packet Pg. 525 16.B.4.a m c 3 0 28. SAFETY. C 7 0 t� 28.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety aR 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 U or loss to: M 28.1,1 All employees on or about the project site and other persons and/or organizations N v who may be affected thereby; N o 28.1,2 All the Work and materials and equipment to be incorporated therein, whether in z m storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, 2 pavements, roadways, structures, utilities and any underground structures or improvements m 0 not designated for removal, relocation, or replacement in the Contract Documents. 0 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. for the safety and protection of the Work shall continue until o o Contractor's duties and responsibilities such time as the Work is completed and final acceptance of same by Owner has occurred. 2 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device E Coordination and Arc Flash Studies where relevant as determined by the engineer. E All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE 0 Protective labels. M 28.3. Contractor shall designate a responsible representative located on a full-time basis at the N N 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. 0 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All m 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 Wi possess or be under the influence of any such substances while on any Owner property. Further, Cn Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of > any kind. N 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located N upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the w following: Y construction Services Agreement: 201?4 VQr.1] Packet Pg. 526 16.B.4.a m c 3 0 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; C 0 0 28.5.2 All Fmployees shall be provided an identification badge by Contractor, Such a_ identification badge must be prominently displayed on the outside of the Employees' clothing at all 0 times. All Employees working at the Project site must log in and out with the Contractor each day; v 28.5.3 Contractor shall strictly limit its operations to the designated work areas and N shall not permit any Employees to enter any other portions of Owner's property without Owner's v expressed prior written consent; N 0 28.5.4 All Employees are prohibited from distributing any papers or other materials z upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other m office equipment; =- 2 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect m 0 to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owners officials onsite, as said regulations may be changed from o time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress c U and egress points identified in the site utilization plan approved by Owner or as otherwise designated, 3 from time to time, by Owner in writing; 0 4. 2$.5.7 When requested, Contractor shall cooperate with any ongoing Owner o investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute, or sell products while on Owner's E property. Friends family members or other visitors of the Employees are not permitted on Owner's property; and a00i 28.5,9 At all times, Contractor shall adhere to Owner's safety and security LO regulations, and shall comply with all security requirements at Owner's facilities, as said regulations v and requirements may be modified or changed by Owner from time to time. aD 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. 53 Construction Services Agreement' t2024__ver.11 Packet Pg. 527 16.B.4.a m 0 G 31. MAINTENANCE OF TRAFFIC POLICY. C 0 t� For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide D and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform c Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (OS), where applicable on state roadways. These projects shall also comply 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. c z The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT m 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") V policy will be enforced under this Contract. m All costs associated with the Maintenance of Traffic shall be included on the line item on the bid 0 c page. If MOT is required, MOT is to be provided within ten (1 g) days of receipt of Notice to Proceed. 0 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the E 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, 0 Contractor shall comply with and fully implement the sales tax savings program with respect to the c Work, as set forth in section 32.2 below. 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax CD E 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"). o Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, CD 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 Ln 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, 0 unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct m 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 Wi co 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 M the Contract Documents. In the event Owner makes a demand against Contractor with respect to 00 any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of N such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all w warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Y Purchase by Owner. Z J u 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. s 54(CAO)Construction Services Agreement! 2o2A_verl Packet Pg. 528 16.B.4.a m 7 G C 33. SUBCONTRACTS. o t� 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence D of construction activities. Contractor will determine the breakdown and composition of bid packages 6 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 M prior to submitting its first Application for Payment. Contractor shall take into consideration such 04 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 c materials, community relations and any other factors pertinent to saving time and costs. Z 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying, or providing any portion of the Work pursuant to a contract with Contractor, Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (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. 55 Construction Services Agreement; 12024, ver.11 Packet Pg. 529 16.B.4.a 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 price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, aA 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 341.10 Equipment Costs 34.1.11 Cost Proposal Request m 0 G C 0 t� d 0 U a 5B CA( construction Services Agreement; 2024 ver.i Packet Pg. 530 16.B.4.a 34.1,12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cast -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 34.120 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. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY, The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each 57 Construction Services Agreement: 2024 ver. 1 �p'a Packet Pg. 531 16.B.4.a m c 3 0 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. 0 m The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail c (DL-FMOPS colliercount fl. ov) whenever an employee assigned to Collier County separates from v 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. v N 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 foes 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. 38. ABOVEGROUNDIUNDERGROUND TANKS. 38,1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 3013OA; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, MACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing 1 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 I 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. SGAO) Q Construction Services Agreement: 2424 vel' 11�, Packet Pg. 532 16.B.4.a m 3 G _ 7 O 44. DISPUTE RESOLUTION. v d A. All disputes arising under or relating to this Agreement shall be resolved in accordance c with this Section, except for disputes related to payment matters and payment disputes upon v submission of pay applications, which shall be addressed and resolved in accordance with M Collier County Ordinance No. 2017-08, as amended, and governed by the time to commence and conclude payment dispute proceedings set forth in Section 218.76(2)(a), Fla. Stat. N B. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44,102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. a f0A o PConstruction Services Agreement: 2024 ver Packet Pg. 533 16. B.4.a m c 3 0 C EXHIBIT I: SUPPLEMENTAL. TERMS AND CONDITIONS c U L d ® Attached hereto, following this page G U ❑ Not Applicable m c �a m 1= �a w Cn M N N_ 0 W Y Z_ J C d 1= _ L (C:A[ r n� 60 Construction Services Agreement: [2024 ver,ll Packet Pg. 534 1 16.B.4.a FEDERAL CONTRACT PROVISIONS U.S. DEPT OF TREASURY I FLORIDA DEPT OF ENVIRONMENTAL PROTECTION CORONAVIRUS LOCAL. FISCAL RECOVERY FUND PROGRAM CFDA 21.027 The supplemental conditions contained in thls section are Intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that the United States department of the Treasury financial assistance Sections 501 of Division N of the Consolidated Appropriations Act. 2021 and 3201(a) of the America Rescue Plan Act of 2021 will be used to fund all or a portion of the contract, The contractor will comply with all applicable Federal law, regulations, executive orders, policies, procedures, and directives, pursuant uniform requirements of federal awards (2 CFR Part 200,23) the definition of CONTRACTOR is an entity that receives a Contract l Purchase Order. Termination for Convenience (General Provision): See Standard Purchase Order andlor Contract Terms and Conditions Suspension and Debarment: (1) This conlract Is a covered lransactieri for purposes of 2 C,F,R. pi. 180 and 2 O.F.R, pl. 3000. As such the contractor Is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R, § 180.940) or disqualified (defined at 2 G.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 G.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 1B0, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension andlor debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpar# C while this offer is valid and throughout the period of any contract that may arise from this after. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contractors placed on the Slate of Florida convicted vendor list following a conviction for a public entity crime or on the Slate of Florida discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a publio entity, may not submit a bid on a contract with a public entity for the construction of repair of a public building or public work, may not submit bids on leases of real properly to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000,00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Access to Records and Reports (2 CFR § 200.337); The contractorlvendor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case the Contractor agrees to maintain same until the Purchaser, the Grantor Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Afflrmative Socloeconomic Steps If subconlraets are to be let, the prime contractor Is required to lake all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Contractors may seek opportunities with minority businesses, women's business enterprises, and labor surplus area firms using the Dynamic Small Business Search (aol: http:lldsbs.sbaoovldsbslsearchldsn dsbs,cfm Byrd Anil -Lobbying Amendment (31 U.S.C. § 1352 (as amended) ($100,000 or more); Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any parson or organization tar influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Domestic Preference for Procurements 2 CFR § 240,322: As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders forwork or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United states. ,Manufactured products" means items and construction materials composed in whale or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Procurement of Recovered Materlals (§200.323) (Over $10.000); In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— Competitivelywlthin a timeffame providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price. Page 1 of S , r�tln m _ 0 G C 0 V L m 0 U M N rb le N O Z m t— m 0 0 c M N Ln CD N d 0 m s 0 w I M N o? 11 N_ E w 1 Z M u m s 0 a Packet Pg. 535 16.B.4.a FEDERAL. CONTRACT PROVISIONS m o Information about this requirement, along with the list of EPXcleslgnated items, is available at EPA's Comprehensive Procurement Guidelines The Contractor also agrees to comply with all other c 0 webpage: http$:llwww.epa.govlsmmlcomprehensive- procurement-guideline-cpg-program. applicable requirements of Section 6002 of the Solid Waste Disposal Act, Prohibition on certain telecommunications and video surveillance Services or equipment (Reference 2 GFR § 200,216): The Federal awarding agency services or systems that uses covered telecommunications equipment p V prohibits the County to enter into a contract to prooure or obtain equipment, or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical N rb security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any N 14 produced subsidiary or affiliate of such entities). (if) Telecommunications or video surveillance services provided by such entities or using such equipment: or by an entity that the Secretary of Defense, In Z (i)(iii) Telecommunications or video surveillance equipment or services produced provided consultation with the Director of the National intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an o0 entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-2.32, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall H ... prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for equipment and services, to procure replacement equipment and services, and o those affeoled entities to transition from covered communications to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 869 for additional Information, 0 Rights to inventions Made Under a Contract or Agreement (37 CFR § 401.2): Not applicable. 0 Statutes and Regulations prohibiting Discrimination include, without limitation, the following; The sub -grantee, contractor, subcontractor, transferee, and assignee shall comply with Title the Civil right Act of 1964, which prohibits recipients of federal financial assistance successor, from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of we, color, or national implemented by the Department of Treasury's'Title V! regulations, 31 C.F.R. Park 22, which are herein 3 origin (42 U:S.C. § 2000d at seq.), as incorporated by refenced and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English rr3 Proficiency in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of Treasury`s Title VI regulations, 31 C,F.R. Part 22, and herein incorporated by reference and made a part of this contract or agreement. o _ the 0 Publications; Any publications produced with funds from this award must display the following language "This project [s being] ]was] supported, c""e in whale or in part, by federal award number STI--1155 awarded to Collier County by the U.S. Department of the Treasury.' CD Increasing Seat Belt Use In the united states: Pursuant to Executive Order t3043, 62 FIR 1921i (April 8,199T), the County as a federal assistance seat bell and programs for their employees when operating E 0 Recipient should encourage its contractors to adopt and enforce on-the-job policies company -owned, rented or personally owned vehicles. � Reducing Text Messaging While Driving; Pursuant to Executive Order 13513, the County as a federal assistance Recipient should encourage its and contractors to adopt and enforce policies that ban text messaging while driving. N Ln CD N Contract Work Hours and Safety Standards Act (CWHSSA) (1) Dveri ma requirements. No contractor or subcontractor contracting for any part of the contract work which may require or Involve the employment in in which he or she is employed on such work to work in excess of of laborers or mechanics shall require or permit any such laborer or mechanic any workweek forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half limes the basic rate of pay for all hours worked in excess of forty hours in such workweek, (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of thin section the for the wages. In addition, such contractor and subcontractor shall ba liable to the contractor and any subcontractor responsible therefor shall be fiable unpaid Unitad Slates (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set W forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or p9rmitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section: ; (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its action or upon wfitlun request of an authorized representative of the Department of i-abor withhold or cause to be withheld, from any moneys payable on r? 04 own account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be 1*iederatdy.assisted N determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause sal � forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractor$ to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any DJ Y J subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Coompliance with the Contract Work Hours and Safety Standards Act s t� ry Packet Pg. 536 16.B.4.a FEDERAL CONTRACT PROVISIONS (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the Contract Such retards shall contain the name and address of each such employee, social security dumber, corrml classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transeriplion by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the lob. Equal Employment Opportunity No person on the ground of race, creed, color, religion, national urigin, ago, gender, or disability, shall be excluded from participation in; be denied [lie proceeds or benefits of, otherwise subjected to discrimination. Statutory Notices Relating to Unauthorized Employment The Counly shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the immigration and Nationality Act, If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. Inspector General Cooperation The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporale Into all subcontracts the obligation to comply with Section 24.455(5), Florida Statutes. Physical Access and Inspection Grantor personnel shall be given access to and may observe and Inspect work being performed under this Agreoment, with reasonable notice and during normal business hours, Including by any of the following methods: I. The County shall provide access to any IocMion of facility on which County is performing work, or storidg or staging equipment, materials or documents. ii. The County shell permlt inspection Of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, lit. The County shell allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assuro compliance with any work or Iagel requirements pursuant to this Agreement Certification On behalf of my firm. I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Earth Balance Corporation Signature 9&4,&6Ve,4 Date May 13, 2024 M N Ln rA N d V a O O m t O W I rn M N CD 4 N_ f] W Y Z J �.i C d E t t� O Page 3 of S Q �pa � Packet Pg. 537 16.B.4.a FEDERAL CONTRACT PROVISIONS G'OLmER COUNTY CertiCcation Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) .Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of ernbexzlenrent, theft, forgery, bribery, falsification or destruction of records, triaking false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certif cation; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Cristine Borowski Naine V.P. of Business Management Title EarthBalance Corporation Firm Collier County Dune Restoration Planting - 2024 Project Name 24-8234 Project Number 59-2612208 Tax ID Number B 1-4631190 DUNS Number 2570 Commerce Parkway, North Port, FL 34289 Street Address, City, State, Zip Signature 4'age 4 of $ Q 6- FpC7 Packet Pg. 538 16.B.4.a m FEDERAL CONTRACT PROVISIONS o COLLIER COUNTY 0 0 Certification Regarding Lobbying 0 U The undersigned certifies, to the best of his or her knowledge, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or craployee, of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of ally agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agiwrnents) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, BarthBalance Corporation certifies or affirms the truthfulness and accuracy of N each statement of its certification and disclosure, if any. In addition, the Contractor understands and N agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11,062, Florida Statutes., apply to this certification and disclosure, if any. 0 Signature of Contractor's Authorized Official w co Cristine Borowski, VP of Business Mgmt Name of Authorized Official and Title M N 11 04 May 13, 2024 Date o w 1 Z_ J r _ d E t t� Page s of 8 Q rC,A�0� Packet Pg. 539 16.B.4.a m FEI)ERAI- CONTRACT PROVISIONS o 0 COLLIER COUNTY v L Conflict of Interest Certification 2' 0 U 24-5234 Collier County Solicitation No. N M I, Cristine Borowski , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom 1 am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employmcnt; and no organization with which i am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge try responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Cristine Borowski C Name Signature Vice President of Business Management May 13, 2024 Position Date d 0 Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Fxecutive order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form W is for review by officials of The Justice Department to determine compliance with applicable federal Lui conflict of interest laws and regulations. Additional disclosures of the information on this report may be > made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of M N violation or potential violation of law ox• regulations; (2) to a court or party in a court or fedora 00 administrative proceeding if the government is a party or in order to comply with a judge -issued subpoena; 4 N (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or up^J decision; (4) to the National Archives and Records Administration or the General Services Administration Y in records management inspections; (5) to the office of Management and Budget during legislative J coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law, See E also the OGEICOV'I -2 executive branch -wide Privacy Act system of records. U 0 Page s of S Q r Packet Pg. 540 16.B.4.a FEDERAL CONTRACT PROVISIONS COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT 5tatLis will, he %Trified, unverifable statuses will require the PRLME to either proiVde a revised statement or provida saurce documentation that validates a status. A, PRIME VENDOR/CONTRACTOR INFORMATION PRIME 14AME PRIME rC(D NUMBER CONTRACT DOLLAR AMOUNT EarthBalance Corporation 59-2612208 15 THE PRI htE A KORLDA-CERTIFIED DISADVANTAGED. ETER N �� N rS THE ACTIVITY Of THIS CON TRACT., MMCIMTYORWOMEN BUSINEZ411TERPRISE? DBE? Y N CONSTRUCTION? Y 1! {DBEfMBE/WDQ OR HAVE ASMALL DISADVANTAGED MBE? V N CONSULTATION? Y auSl rtE55 SA CERTIFICATION FROM THE SMALL BUSINE551 ADMINISTRATION? ASERVICE DISABLED VETERAN? WBE? Y liyJ OTHER? Q N SUB W Y N 15 THIS suohllwON A REVISION? Y N 'F YES, REVSION NUMBER— B. If PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISAIDVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN Oft SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/W BE SURCONTRACYOR OR SUPPLIER TYPE OK WORK OR ETMNICITY CODE SUBf5UPPLlER PERCEPIT OF CONTRACT VETERAN NAME SPECIALTY {see Oelowl DOLLAR AMOUNT DOLLARS N/A TOTAL C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SHBM11TTER Cristine Borowski May 13, 2824 V.P. of Business Mgmt EMAILADDRESS OF PRIME (SUBMrTTER) TELEPHIDNE NUMBER FAX NUMBER nhultsr@earthbalance.com (941) 426-7878 (941) 426-8778 NO FtThis informatlon is used to track and report anticipated DSE or MBE Participation in federally -funded contracts. The anticipated obe or MBE amount Is voluntary and will not became part of the contractual terms, This form must he suhmitted at time of response to a solicitation. d and when 6warded a County Contratt, the prime will be asked to update the information for the grant compliance files. LTHNICrTY Bla'tkAmerican Hispanit d merican ;APA Nature American5utuont.AanAmerl[an Non-Minoriri+ Wamen NMW Other: not of any other group Ntedl O D. SECTION TO BE COMPLETED BY COLLIER COUNTY ❑EPARStAENTNAME COLLIER CO111RACTaIIFU/RFP-rPDfREO1 GRANTPROGRAMICONTRALI DATE ACCEPTED BY: Page 7 of B M N In CD N d O m t O W U) M N OP 11 N_ E W Y Z J Packet Pg. 541 16.B.4.a FEpERAL CONTRACT PROVISIONS COLLIER COUNTY Acknowledgement ofJerms, Conditions and Grant Clauses Flow Down of Terms and Conditions from (tie Grant Agreement Subcontracts: if the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The 'vendor agrees to include in the subcontract that (l) thSubcontractor ands bound federal �awseandterms reg lations,gand (iii) the the subcontractor is bound by all applicable subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288,703, Fla, Stat. Certification and agree to perform all of the specifications an grant on behalf of my firm, I acknowledge, requirements identified in this provisions doaument(s). Vendor/Contractor Name EarthBalance Corporation Authorized Signature 66614,0' Address 2570 Commerce Parkway, North Port, R 34289— — -- — -- — -- solicitation/Contract # 24-8234 Date May 13,2024 Page S of S Packet Pg. 542 DocuSign Envelope ID: 6BEB049B-OA31-4F34-8B3B-6C7CFD041B1D 16. B.4.b Collier Count y Procurement Services Division Notice of Recommended Award Solicitation: 24-8234 Title: Collier County Dune Restoration Planting - 2024 Due Date and Time: May 13, 2024, at 3:00 PM EST Respondents: Company Name City County State Bid Amount Responsive/Responsible EarthBalance Corporation Ft. Myers Lee FL $1,284,920.45 Yes/Yes Utilized Local Vendor Preference: Yes 0 No = N/A Recommended Vendors) For Award: On March 29, 2024, the Procurement Services Division issued Construction Invitation to Bid No. 24-8234, "Collier County Dune Restoration Planting - 2024," to thirty-five thousand and twenty-four (35,024) vendors. The bid was advertised for a total of forty-five (45) days. Fifty-four (54) vendors viewed the bid package, staff conducted vendor outreach, and the County received one (1) bid by the May 13, 2024, submission deadline. Staff reviewed the bid received and found the sole bidder to be responsive and responsible. Staff determined that EarthBalance Corporation is the lowest responsive and responsible bidder. Staff recommends the contract be awarded to EarthBalance Corporation, the lowest responsive and responsible bidder, for a total bid amount of $1,284,920.45. Contract Driven = Purchase Order Driven 0 DocuSigned by: Project Manager: by: Required Signatures Procurement Strategistk 6/11/2024 r llt Services Director: av-k-& 3 CCC 79 554F5_. San ra S rn K a 6/11/2024 Date M N Iq N Packet Pg. 543 T A Y L 0 R E N G I N E E R I N G I N 16.B.4.c moo Delivering Leading -Edge Solutions 0 May 30, 2024 Ms. Sarah Hamilton Assistant Division Director Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 RE: Taylor Engineering Letter of Recommended Award Solicitation No 24-8234 Collier County Dune Restoration Planting — 2024 Ms. Hamilton: A single bid was received for the above -referenced project by Collier County on May 13, 2024. Taylor Engineering (Taylor) has completed our review of the bid submitted by the bidder for this project, and we are pleased to provide the following award recommendation. The scope of the Collier County Dune Restoration Planting project includes supplying, delivering, and installing dune vegetation and signage, and removing exotic vegetation along approximately 13 miles of Collier County beaches. Collier County Procurement's review of the bid tabulations determined that the apparent low bidder is EarthBalance Corporation (EarthBalance) with a bid of $1,284,920.45. The County provided Taylor with the EarthBalance's bid schedule. EarthBalance's bid is approximately 21% lower than Taylor's Opinion of Probable Construction Cost (OPC) of $1,618,516.25. References were provided, and the completed Vendor Reference Check Logs are attached. Four of the five project references provided by EarthBalance were contacted successfully; each provided responses. The owner's contact person listed for the Flagler County reference has retired and we were unable to secure a response from an alternate Flagler County employee familiar with the project and EarthBalance's performance. Taylor determined the references contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. EarthBalance is a corporation formed in 1985 in the state of Florida and licensed to transact business in the state of Florida since 1985. Taylor has worked successfully with EarthBalance on several projects located throughout Florida. Based on that experience, the favorable performance reviews provided on the Vendor Reference Logs and its licensing, it appears that EarthBalance is a qualified firm to complete the requested work. Based on the above information, Taylor recommends EarthBalance be awarded the Collier County Dune Restoration Planting project in the amount of $1,284,920.45. If you have any questions or require additional information, please contact our office. Sincerely, Kenneth R. Craig, P.E. (1J Senior Vice President Attachments 10199 SOUTHSIDE BLVD, SUITE 310 1 JACKSONVILLE, FL 32256 1 TEL 904.731.7040 L WWW.TAY ORENGINEERING.COM Packet Pg. 544 T A Y L 0 R E N G I N E E R I N G, I N 16.B.4.c — Delivering Leading -Edge Solutions I u u J W M N N C N E t V R Q 10199 SOUTHSIDE BLVD, SUITE 310 1 JACKSONVILLE, FL 32256 1 TEL 904.731.704C L WWW.TAY ORENGINEERING.COM Packet Pg. 545 16.B.4.c Cofer County Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 24-8234 1 Reference Check by: Chris Ellis (Taylor Eng.) Solicitation Title: Collier Co. Dune Restoration Planting - 2024 Date: 5/24/2024 Bidder's Name: EarthBalance Corporation Phone: (941) 426-7878 Design Entitv: Tavlor Engineering. Inc. REFERENCED PROJECT: Project Name: Myrtle Beach Planting and Sand Fencing Project Location: Horry County, SC Project Description: Supplied, delivered, and installed 168,434 dune plants and 48,125 If of sand fencing Completion Date: July 2023 Contract Value: $703,221.92 Project Owner/Title: City of Myrtle Beach Owner's Address: 3231 10th Avenue Ext N Myrtle Beach, SC 29577 Phone: (843) 918-2390 Owner's Contact Person: JC Blackhurst Parks Superintendent E-Mail: jblackhurst@cityofmyrtlebeach.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes. We added additional fencing outside the federal project reach without issue. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues. 7. Additional comments: Thinks highly of EarthBalance J W v M N co 4 N c 0 E U R Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 546 16.B.4.c Cofer County Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 24-8234 1 Reference Check by: Chris Ellis (Taylor Eng.) Solicitation Title: Collier Co. Dune Restoration Planting - 2024 Date: 5/27/2024 Bidder's Name: EarthBalance Corporation Phone: (941) 426-7878 Design Entitv: Tavlor Engineering. Inc. REFERENCED PROJECT: Project Name: Project Description: Completion Date: Project Owner/Title: Owner's Address: Owner's Contact Person: Coastal Storm Risk Management Project, South Ponte Vedra Beach and Vilano Beach I Project Location: I St. Johns County, FL Supplied, delivered, and installed 390,000 dune plants April 2021 Contract Value: $336,600.00 Great Lakes Dredge & Dock Company, LLC 2122 York Road Oak Brook, IL 60523 Phone: (630) 207-8893 Leon Edward Martinez Sr. Quality Systems Engineer E-Mail: Imartinez@gldd.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes. No 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: J W M N T N C 4) E R Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 547 16.B.4.c Cofer County Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 24-8234 1 Reference Check by: Chris Ellis (Taylor Eng.) Solicitation Title: Collier Co. Dune Restoration Planting - 2024 Date: 5/28/2024 Bidder's Name: EarthBalance Corporation Phone: (941) 426-7878 Design Entitv: Tavlor Engineering. Inc. REFERENCED PROJECT: Project Name: Captiva Island Beach Renourishment Project Location: Lee County, FL Project Description: Supplied, delivered, and installed 350,785 containerized dune plants Completion Date: November 2021 Contract Value: F$396,965.00 Project Owner/Title: Great Lakes Dredge & Dock Company, LLC Owner's Address: 2122 York Road Oak Brook, IL 60523 Phone: (239) 250-0974 Owner's Contact Person: Christopher Pomfret Sr. Project Manager E-Mail: cpomfret@gldd.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, and we requested specific higher than normal requirements for PPE and Safet which were held up by their crews. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, smooth. There was a change and they were able to process it effectively. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues popped up. 7. Additional comments: I've had a few good experiences with EarthBalance and I would use them again on future projects. J W a M N T N C 0 E U R Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 548 16.B.4.c Cofer County Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 24-8234 1 Reference Check by: Chris Ellis (Taylor Eng.) Solicitation Title: Collier Co. Dune Restoration Planting - 2024 Date: 5/28/2024 Bidder's Name: EarthBalance Corporation Phone: (941) 426-7878 Design Entitv: Tavlor Engineering. Inc. REFERENCED PROJECT: Project Name: Dune Vegetation and Landscaping Project Location: Chatham County, GA Project Description: Supplied, delivered, and installed 92,087 plants on five specified dunes Completion Date: March 2020 Contract Value: $135,893.85 Project Owner/Title: City of Tybee Island, GA Owner's Address: PO Box 2749 Tybee Island, GA 31328 Phone: (847) 525-5040 Owner's Contact Person: Alan Robertson E-Mail: arobertson@cityoftybee.org 1. Was project completed timely and within budget? (If not, provide detail) Yes — they delivered exactly what, when, how, and cost as in their winning proposal (we also put the project out to bid initially) 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes, they addressed all RFP requirements on a timely basis. They showed up in person for the Pre -Bid meeting, walked the site, asked good questions, offered their opinions based on experience. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. We used them for two phases, the second of which took place during the Pandemic, March —June 2020, which, as I'm sure you can imagine, came with its special difficulties, all of which they handled extremely well. 4. Did the process run smoothly? Were there any changes? Describe below. Very smoothly. The only changes were ones we requested in the moment, which they either accommodated or gave us an amendment for cost. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes, very smooth. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues (in fact, we mandated 80% survival rate and they came in at 95%) J W a v M N co 4 N c a) E R Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 549 Project Manager: Larry Humphries Procurement Strategist: Trevor Adaline Notifications Sent 16.BAd Vie Bids Received: 1 COLLIER COUNTY DUNE RESTORATION PLANTING - 2024 COLLIER COUNTY PROJECT NUMBER 50280 Construction ITB 24-8234 BID Tabulation Bid Description: Furnishing of labor, materials, equipment and performing all operations in connection with dune vegetation, signage, and exotic removal as indicated on the Construction Drawings along beach areas located in Collier County, FL. as per the Technical Specifications. EarthBalance Corporation Engineer's Estimate Item Description Unit Estimated CITY Unit Price Total Cost Unit Price Total Cost General Items 1 Mobilization/Demobilization LS 1 1 1 $0.00- $0.00 $12,000.00 1 $12,000.00 Subtotal — General Items $0.00 $12,000.00 Exotic Species Removal, Vegetation Planting, and Signage 2 Exotic Species Removal SF 65,000 $0.25 $16,250.00 $1.25 $81,250.00 3 Sea Oats (Uniola paniculata) EA 537,864 $1.15 $618,543.60 $1.50 $806,796.00 4 Bitter Panicum (Panicum amarum) EA 157,964 $1.15 $181,658.60 $1.50 $236,946.00 5 Sea Purslane (Sesuvium portulacastrum) EA 33,959 $1.75 $59,428.25 $1.75 $59,428.25 6 Diversity Species EA 210,112 $1.75 $367,696.00 $1.75 $367,696.00 7 Signage EA 544 $76.00 $41,344.00 $100.00 $54,400.00 Subtotal — Exotic Species Removal, Vegetation Planting, and Signage $1,264,920.45 $1,606,516.25 TOTAL BID AMOUNT: $1,284,920.45 $1,618,516.25 *Clarification from bidder that mobilization/demobilization is at no additional cost to County. EarthBalance Corporation REQUIRED FORMS AND DOCUMENTS Yes/No Bid Schedule Yes Bid Response Form (Form 1) Yes Contractors Key Personnel Assigned to Project - (Form 2) Yes Material Manufacturers (Form 3) Yes List of Major Subcontractors (Form 4) Yes Statement of Experience of Bidder (Form 5) Yes Trench Safety Act Acknowledgement (Form 6) Yes Bid Bond (Form 7) Yes Insurance and Bonding Requirements (Form 8) Yes Conflict of Interest Affidavit (Form 9) Yes Vendor Declaration Statement (Form 10) Yes Immigration Affidavit Certification (Form 11) Yes Grants Package Yes Addendums(1) Yes E-Verify Yes W-9 Yes SunBiz Yes Opened By: Trevor Adaline Witnessed By: Justin Landgrebe Date: 5/13/2024 at 3:00 PM EST Packet Pg. 550 16.B.4.e ACORN® CERTIFICATE OF LIABILITY INSURANCE DaT$/22/2024 AC� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIEt BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of 41 r- this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). p PRODUCER CONTACT NAME: Certificates/Commercial Lines U Wallace Welch & Willingham, Inc. PHONE FAX L 300 1 st Ave. So., 5th Floor AIC No Ext : 727-522-7777 A/C No): 727-521-2902E-MAIL _ Saint Petersburg FL 33701 ADDRESS: certificates@w3ins.com -6 U INSURER(S) AFFORDING COVERAGE NAIC # - INSURERA: Westchester Surplus Lines Ins. Co. 10172 INSURED EARTCOR-01 INSURER B : Amerlsure Ins. Co. 19488 N 00 EarthBalance Corporation dba Earthbalance INSURER C : ACE Property & Casualty Ins. Co. 20699 N 2570 Commerce Parkway INSURER D : Travelers Excess & Surplus Lines Co. 29696 -- North Port FL 34289 INSURER E: COVERAGES CERTIFICATE NUMBER: 14092001 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y G47421184002 8/23/2024 8/23/2025 EACH OCCURRENCE $2,000,000 CLAIMS -MADE � OCCUR TED DAMAGE TO lccurrrence)$ PREMISES(E. occurrence) 100,000 MED EXP (Any one person) $ 5,000 X XCU Included PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ❑X JECT PRO ❑ LOC FPOLICY ]OTHER: PRODUCTS -COMP/OP AGG $ 2,000,000 Deductible $ 15,000 Primary Non Cont C AUTOMOBILE LIABILITY H08884699002 8/23/2024 8/23/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED LNON-OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR G47421226002 8/23/2024 8/23/2025 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC20964660901 4/1/2024 4/1/2025 X STATUTE ER H U.S.L.H ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NI N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional / Pollution Liab G47421184002 8/23/2024 8/23/2025 Each Claim/Aggregate $2M/$2M D Retro Date 2/18/1997 Excess Liab - Travelers EXBT01445424NF 8/23/2024 8/23/2025 Deductible Per Occurrence/Aggreg 15,000 $3M/$3M DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project #24-8234 - Collier County Dune Restoration Planting - 2024. Automatic additional insured applies in favor of Collier County Board of County Commissioners, Board of County Commissioners in Collier County, Collier County Government and Collier County if required by written contract, subject to terms, conditions, and exclusions of the policies, per attached blanket endorsement forms. Automatic waiver of subrogation applies in favor of Collier County Board of County Commissioners, Board of County Commissioners in Collier County, Collier County Government and Collier County if required by written contract, subject to terms, conditions, and exclusions of the policies, per attached blanket endorsement forms. The General Liability policy includes an endorsement providing that thirty days' notice of cancellation will be furnished to the Certificate Holder, except for nonpayment of premium, in which case ten days of notice will be given. CERTIFICATE HOLDER Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 Iq M CANCELLATION N 00 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI N THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. d E AUTHORIZED REPRESENTATIVE V R a ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 551 16.B.4.e POLICY NUMBER: G47421184002 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 c 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. c ADDITIONAL INSURED - OWNERS, LESSEES OR L CONTRACTORS - SCHEDULED PERSON OR °' ORGANIZATION U Cl) This endorsement modifies insurance provided under the following: ccm v COMMERCIAL GENERAL LIABILITY COVERAGE PART o SCHEDULE CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Packet Pg. 552 16.B.4.e A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. a� C 3 C 7 O U L 2 O U M N Iq N CG 20 10 07 04 © ISO Properties, Inc., 2004 Packet Pg. 553 16.B.4.e C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or a� 2. Available under the applicable Limits of Insurance shown in the Declarations; o whichever is less. c This endorsement shall not increase the v applicable Limits of Insurance shown in the L Declarations. °' 6 U M N Iq N Page 8 of 8 © Insurance Services Office, Inc., 2012 CG Packet Pg. 554 16.B.4.e POLICY NUMBER: G47421184002 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract, prior to a loss to which this insurance applies As required by written contract, prior to a loss to which this insurance applies a� c 0 c 0 U L 0 U Cl) N v N CG 20 37 04 13 © Insurance Services Office, Inc., 2012 P Packet Pg. 555 16.B.4.e POLICY NUMBER: G47421184002 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 IMM4LlIBiel ZM4J,14►1111161:/_VLei*1110:1_=*614[ 'A»4_F�=1V =F_1oil 111 111riy-11V41114Ill A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. a� c 3 c 0 U L 2 0 U Cl) N v N CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Pa Packet Pg. 556 16.B.4.e Westchester A Chubb Company PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION Named Insured Endorsement Number EarthBalance Corporation Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G47421184 002 o8/23/2024 TO o8/23/2025 o8/23/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that: a. The additional insured is a named insured under such other insurance; and b. You have agreed in a written contract or agreement that this insurance would: (1) act as primary insurance; and (2) would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3252 (12-18) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of I (266562.1) Packet Pg. 557 16.B.4.e Named Insured Endorsement Number EarthBalance Corporation Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G47421184 002 08/23/2024 TO 08/23/2025 08/23/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: 1.) As required by written contract, prior to a loss to which this insurance applies ENV-3143 (03-05) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 2 a� c 3 0 C 0 U 2 0 U M N v N Packet Pg. 558 16.B.4.e a� c 3 C 7 O U L 2 O U M N Iq N (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. 075 (10-98) Page 2 of 2 Packet Pg. 559 16.B.4.e CHUBB° Named Insured EarthBalance Corporation Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G47421184 002 08/23/2024 to 08/23/2025 08/23/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO SPECIFIC PARTIES ENDORSEMENT SCHEDULE (1) As required by written contract, prior to a loss to which this insurance applies; 3 c 7 O U L N 0 U M N v N ENV-3126 (08-04) Page 1 of 2 Packet Pg. 560 16.B.4.e If we decide to cancel this policy on or before the expiration date shown on the Declarations Page, we will mail to the person(s) or organization(s) shown in the Schedule above, written notice of cancellation not less than 30 days prior to cancellation or 10 days for non-payment of premium. ENV-3126 (08-04) a� C 3 C 7 O U L O U M N Iq N r C d E t V R r Page 2 of 2 Q Packet Pg. 561 Policy Number: G47421184002 16.B.4.e COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 c 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. c PRIMARY AND NONCONTRIBUTORY - L OTHER INSURANCE CONDITION °' 6 U This endorsement modifies insurance provided under the following: M N Go COMMERCIAL GENERAL LIABILITY COVERAGE PART N PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART .; The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Packet Pg. 562 16.B.4.e POLICY NUMBER: CAL H08884699002 COMMERCIAL AUTO CA 20 48 10 13 c 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. c DESIGNATED INSURED FOR L COVERED AUTOS LIABILITY COVERAGE °' 6 U This endorsement modifies insurance provided under the following: M N AUTO DEALERS COVERAGE FORM N BUSINESS AUTO COVERAGE FORM o MOTOR CARRIER COVERAGE FORM Z With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Earthbalance Corporation Endorsement Effective Date: 08/23/2024 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization you are required in a written contract or agreement to name as an Additional Insured on your policy but only for "bodily injury" or "property damage" to which this insurance applies if the "accident" is caused by: 1. You, while using a covered "auto' or 2. Any other person, while using a covered "auto' with your permission. Coverage provided by this endorsement shall be excess over any other valid and collectible insurance available to the Additional Insured (s) whether primary, excess, contingent or on any other basis unless the contract specifically requires that this insurance be primary or you request that it apply on a primary basis prior to a loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Packet Pg. 563 16.B.4.e AUTOMATIC ADDITIONAL INSURED ENDORSEMENT Named Insured Earthbalance Corporation Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement CAL �H08884699002 08/23/2024 To 08/23/2025 08/23/2024 Issued By (Name of Insurance Company) ACE Property and Casualty Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SECTION II - LIABILITY COVERAGE, WHO IS AN INSURED is amended to include as an "insured" any person or organization you are required in a written contract or agreement to name as an Additional Insured on your policy but only for "bodily injury" or "property damage" to which this insurance applies if the "accident" is caused by: 1. You, while using a covered "auto" or 2. Any other person, while using a covered "auto" with your permission. The insurance provided by this endorsement shall be subject to the following additional condition: 1. The Limit of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event, shall the policy Limits of Insurance be increased by the contract. 2, All insuring agreements, exclusions, terms and conditions of the policy shall apply to the coverage (s) provided to the Additional Insured, and such coverage shall not be enlarged or expanded by reason of the contract. 3. Coverage provided by this endorsement shall be excess over any other valid and collectible insurance available to the Additional Insured (s) whether primary, excess, contingent or on any other basis unless the contract specifically requires that this insurance be primary or you request that it apply on a primary basis prior to loss. Authorized Representative c 3 c 0 U L A! 0 U M N v N DA-6Z04a (06/14) Page 1 of 1 111 Packet Pg. 564 16.B.4.e WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Earthbalance Corporation Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement CAL �H08884699002 08/23/2024 To 08/23/2025 08/23/2024 Issued By (Name of Insurance Company) ACE Property and Casualty Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. �*@3:141111J14= Any person or organization, for whom you are required in a written contract or agreement, with such written contract or agreement signed prior to commencement of operations, to waive any right of recovery we may have against the person or organization, but only for "bodily injury" or "property damage" to which this insurance applies if the "accident' is caused by a) you, while using a covered "auto", or b) any other person, while using a covered "auto" with your permission. Authorized Representative c 3 c 0 U L 2 0 U M N Iq N DA-13115a (06/14) Page 1 of 1 109 Packet Pg. 565 16.B.4.e WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC (Ed. 4-84) a� c 3 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT c 0 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will n ci enforce our right against the person or organization named in the Schedule. (This agreement applies only to tY extent that you perform work under a written contract that requires you to obtain this agreement from us.) 0 This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. M N Iq Schedule N "Any person or organization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." The endorsement does not apply to policies or exposure in Missouri where the employer is in the construction group of classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications. For policies or exposure in Missouri, the following must be included in the Schedule: • Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4/1 /2024 Policy No. WC20964660901 Endorsement No. Insured Earthbalance Corporation Insurance Company Countersigned by Premium $ WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. Packet Pg. 566