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Backup Documents 10/22/2024 Item #16B11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP p TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 b© 1 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office /b/ / 'L 4. BCC Office Board of County /r / Commissioners Cif by i(( /p/Z3' 4. Minutes and Records Clerk of Court's Office -�, 11 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Osmanis Nieves Borjas-Procurement Contact Information 239-252-2220 Contact/Department Agenda Date Item was October 22, 2024, Agenda Item Number AGENDA# 16. Approved by the BCC B.11 Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A [24-82601 VisualScape,Inc number if document is VisualScape, Inc to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be ONB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the ONB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ONB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 22,2024,and all changes N/A is not made during the meeting have been incorporated in the attached document. The 75Ml"`I044 an option for County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the c?'jylb an option for Chairman's signature. I this line. 16B11 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or "Owner") hereby contracts with VisualScape, Inc. ("Contractor") of 17801 NW 137 Avenue, Miami, FL 33018, a Florida Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Tree Relocations and Irrigation Installation from 1-75 at Pine Ridge Rd to 1-75 at Golden Gate Pkwy, Invitation to Bid No.24-8260, as said Work is set forth in the Plans and Specifications prepared by McGee&Associates, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision,financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount(herein "Contract Amount"), in accordance with the terms of this Agreement: Seven Hundred Forty-One Thousand Seven Hundred Forty-Three Dollars and Forty Cents ($741,743.40). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, plus any approved allowance as provided in Section 3, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding 1 Construction Services Agreement:[2024_ver.2] 16B11 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.treasurv.gov/surety-bonds/list-certified-companies.html. Should the Contract Amount be less than$500,000,the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall,within five(5)calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Ninety (90) 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 Eighty-Five dollars ($1,685.00) 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 liquidated damages as a penalty, which the parties agree represents a fair and reasonable 2 Construction Services Agreement:[2024_ver.2] 16g11 estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or legal holiday. D. Determination of Number of Days of Default. For all contracts, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work, as more particularly defined herein at Section 16, Defined Terms. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation #24-8260 Tree Relocations and Irrigation Installation from 1-75 at Pine Ridge Rd to 1-75 at Golden Gate Pkwy. Exhibit A-1: Contractor's Bid Schedule 3 Construction Services Agreement:[2024_ver.2] i6811 Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Assigned to the Project Exhibit B-1: Payment Bond Form❑ Not npplicablc Exhibit B-2: Performance Bond Form 0 Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D-1: Contractor Application for Payment Form Exhibit D-2: Schedule of Values Exhibit D-3: Stored Materials Record Exhibit E-1: Change Order Form Exhibit E-2 Work Directive Form Exhibit F-1: Certificate of Substantial Completion Form Exhibit F-2: Certificate of Final Completion Exhibit F-3: Punch List Form Exhibit G-1: Final Payment Checklist Exhibit G-2: Warranty Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions® Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation#24-8260 Tree Relocations and Irrigation Installation from I- 75 at Pine Ridge Rd to 1-75 at Golden Gate Pkwy. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. []Exhibit J: Technical Specifications []Exhibit K: Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: McGee &Associates ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail or E-mail, addressed to the following: Collier County Board of County Commissioners, FL c/o Road Maintenance Division 4800 Davis Blvd Naples FL 34104 Attn: Pamela Lulich, Landscape Operations Manager Phone: 239-252-8924 Email: pamela.lulich[a�colliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, or E-mail, addressed to the following: 4 Construction Services Agreement:[2024_ver.2] 16811 VisualScape, Inc. 17801 NW 137 Ave Miami, FL 33018 Attn: Ivan C. Vila, President Phone: (305) 362-2404 Email: ivila(a�visualscapeinc.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under, and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated, and superseded by the Agreement. 5 Construction Services Agreement:[2024_ver.2] 16811 Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 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. (i) Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. (ii) Defined Terms: The following Defined Terms used in the Agreement shall be understood to be defined as expressly set forth below. Other terms referenced in the Agreement shall be understood as they may separately be defined herein or if not so defined shall be understood consistent with their natural and ordinary meaning. (a) "Application for Payment" shall mean the form provided by the Owner that is to be used by the Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. (b) "Construction Project" shall mean a Project, funded by Owner funds that involves the process of building, altering, repairing, improving, or demolishing any public structure or building,or other public improvements of any kind to any real property owned or under the control of the Owner, which Work is being performed under a Construction Contract. (c) "Construction Services" shall 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. (g) "Director" shall mean the Director or Administrator of the Department or Division initiating and managing the Project on behalf of the Owner. 6 Construction Services Agreement:[2024_ver.2] 16811 (h) "Final Acceptance"shall mean acceptance of the Work by the Owner as evidenced by the signature of the Project Manager or Design Professional upon the Certificate of Final Completion form, Exhibit F-2. Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate. The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests, inspection, or otherwise that all of the provisions of the Contract Documents have been carried out, including completion of the Punch List form, Exhibit F-3. (i) "Professional" or "Design Professional" shall mean the professional 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. (j) "Project" shall mean the total construction, of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. (k) "Project Manager" shall mean an individual employed by the Owner and assigned to manage and administer the Project which is the subject of the Contract Documents. (I) "Proper Invoice" shall mean an invoice that conforms with all statutory requirements and all requirements specified in the Contract Documents. (m)"Punch List" shall mean the approved list of incomplete and/or deficient Work that shall be completed by the Contractor after Substantial Completion but before the Final Acceptance can be certified by the Project Manager. The Punch List enumerates the items required to render complete, satisfactory and acceptable all Work by the Contractor. The Punch List is developed by the Contractor, Owner and Professional (if any) in accordance with the provisions of the Contract and within the time frames required therein. The Punch List essentially includes items of a minor nature; major items must be completed before Substantial Completion and cannot be considered to be Punch List work. (n) "Schedule of Values" shall mean a schedule showing all activities of the Work subdivided into component parts in sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments during construction. The Schedule of Values shall be satisfactory in form and substance to the Project Manager. (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 agency requirements are satisfied, including occupancy permits, operating certificates and similar releases, (3) all operational testing has successfully occurred; (4) all required training has successfully occurred; (5) all close-out 7 Construction Services Agreement:[2024_ver.2] 16811 documents (such as as-built drawings, certifications, warranties, guaranties, test reports,test logs, operational manuals, etc.) have been provided by the Contractor and accepted by the Owner, and permit acceptance by permitting agencies, if applicable, Exhibit F-1. (p) "Work" shall mean the 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 for the fulfillment of the Agreement in strict accordance with the Specifications, schedules, Drawings, and other Contract Documents as herein defined, all of which are made a part hereof, and including such detailed sketches as may be furnished by the Professional from time to time during construction in explanation of said Contract Documents. The Work shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the Owner. (q) "Written Directive" shall mean a written directive and also referred to as work directive, as required by in Exhibit H, Section 10.1, in the form that appears in Exhibit 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. 8 Construction Services Agreement:[2024_ver.2] 16B11 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TW -SSES: VisualScape, Inc. FIR T WITNESS 2------ , Jose M Quintero By: e Ivan C. Vila, President Print Name and Title SEC ITNESS Rebeca Borrero Date: 08/30/2024 Print Name ATTEST: OWNER: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS &Comptroller OF COLLIER COUNTY FLORIDA BY: pY: (-)a ris Hall , Chair n : : Attest as to Chairman's signature only Die: t o - Li '-G)- ,, ved as to F an Legality: 444AIL---"" County Attorney S,-)\-- p, —T-Get-a-- Print Name 8 Construction Services Agreement:(2024 ver.2i ce..,41,01t 16811 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 10 Construction Services Agreement:[2024_ver.21 1b811 EXHIBIT A-1 Bid Schedule COSSIRVCRO%INVITATION TO HID NO.34 5d5 TREE RELOCATIONS AND IRRIGATION LN'STALLATION FROM I-• FLNE..RIDGE ROAD TO I.-3 GOLDEN GATE PARRISAY HID SCHEDULE Trot Reim Ram aad&zgatim Iasfallalim from1,14PEae Rids*Rand NI-?St••-_Gale Perhror(FOOT DAC'antrarlN(G25DD,.FWDNo..il{?P5-3-4L91,CAW Canty Prajxcl V._33 2) [11T PAY ITLU DFSCRIPTIO.N UNITS UANTITIES UNIT PRICE PRICE ITEM BID FAA-ITEM BID:ITEM NAME Q ElTINDED 1 K`OT :. 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C017PACTOR LS 1 5 32835600 5 32535.00 .£\ _-550 AF_' O 7155E FURQUANT1571Y THE ACTUAL R OT:MEDOL'AN'T'TCi , 155 313 C AT:=4`I SF.1 7.71 GRASS:8331114.AP.GENTINE SOD)11-LAL 1-ROrk AFOIND oL7rs"g WATCH 1v FOOT 5'0-T-3 ri'RFORMi4NCE TLY =N ETER OF TRANSPLANTED TREE WATER RENOS AND AC 111550.7 TREES'IS LS i S 33:74324 5 :3.7s2.Y *ALLIED CM SLOWS 3:1 OF.GREATEF.10291RACTOR S RESPOC:STBIE FOR QtANTDY7Fd3 TE5EACIL'ALREQL7f5L1 QUANTITIES))STRIATED LUX=571E S.Y.) :.*Car Truk.71.1.T1 RENIOVALPIL03ATR:, ANSPL42T'`73. 11 1..OT 551 I'_-R1DY:AL PALMS ROYAL PALMTPANSPLANT TP 4N'SPORTA15 .BSTALIATYA?`STIR:-Q'.{TEEC V-k BP,SC NO PER NOTED. EA /44 S 1.374 691E S *19.55690 _ETA1S&SPEQRCATIOIIS s).lo =1.cE Car Truk``+LI.:TWS REMOVAL RF1 Fr 1.3150'..T R4NSPL4N'^Yi. 12 FOOT 551.11.23+0ATALPALMS FOlTAi PALA(TR5::S7_41. TP.ANSPORTAT'd7V.5:STAISA1979 LNTILALQ'A5TSOSa&BRLINOTER NOTED. EA 42 $ 661.00 5 36.7620E :ETAS.)A SPECIFICAT&5 Des'43 DB.Y.E9CLLISES ROOT PP'MSG.REMOVAL P.II.00A5Y4:. 13 F:OT 551-3.5.OAKS&IACARANDA CME.TACARA5DA TREE TRANSPLANTS TP?T.'SAADTOCO TRA:14170ETATTSI(.;ST.AIUTT::.TOTAL WATERAX k BRACING EA S 14.545 CO 5: 7422:5 CC PER NOTES.DEIALS k=EE353:ATTOL411. FT.HAGS.3"11EPTEI.PEP.LNi1Y510421.&PEP.CO i ER COUNTY MI 1GI SPE':TFYATKINS(SEE"GESEPSINOTES AND TSTRECTIOTT TDSIDELS.HLICH' 1' MOT 560-2-27E7411 WICIT NOTESS),(CLOTTACSOR m RESPCPPAMI1c FCC QI"ALITIING THE ACIVALREQ:'SEED I.5 r S I6.740CG S 1E74090 g'AcITr.S.ZONATED QUAOTIIY 1.474 AT U.FT.BAG 2O P.RT,S SQ.IT.PER BAL.ATE"11575D AT EACH REIDCAT)5 SITE INRLTDES LOCATDNYi OF E 11154"IIRIC AXE615SSTE1d 1:1WA G.PIPING k OdiIER'COMPChT+NTS THAT MAY BE SILTLP5ID TURING WEE 15 9670 7-MAIM(E5I5PNG) IDWALNGIRRLLATRASYSTEMS(AEPA55S)(COMPLEIE) AEJJCA3'YDE:YCAVAT 11..S/NCLUDES AMU:PI:GT'MACE.F .CP"1LAGk CAPPING LS 3 26.460.00 5 26.460661 AMOR LLIC'ONTECTVOEa'51 0 TRR1W.OS:COMPONENTS AT TPSE RELOCATION 1:167 AVAIIR1?::S RICLLILS LOCATING EMT:NO/KEE ER ZONE 551,0.4 VALVES FOR FIZADS.15 G ZOTMS TO TR4'SPLAI ED TREES S PALMS::TLDS ALL EEL":''>TJ NETILTRLE:S= I6 i96'O LSIGAIItY:;GRTSO=S.D:i 5RC) >=E7.')TI.^:G]PPJGA'054531310 S ZONE lATEP%.Ie6^_NiG(CT 1.1E 25-0 PVC METE).FlEti P1PLS.(01\EC'RR F'3T*GS. +E LS 17.763.CO S >"CO CO E77Ah'SEC:SORA.".J71lt55 CO)J0 :t' ST#^S.kt73 SWAY 15EAD SPFS71.EPCS PER TREE AND PALM MOLE:OWES MAY FELLMER&P NG RACE:TO EiWWING ZONE VALVE DLE TO:ADSO(t.T OF ADDIE.ONAL FLOAT BM:GAMED.PEER TO PLANS.NOTES&DET.415. I BENDS PLRIIC PAY:.lE`.T&PERECRMANCE BONDS SONOPREK.NS LS 1 $ 3)02.00 3 9.75000 liroalScaFeebc. TOTAL BID AMOUNT 1 '»1..743.30 C, ° 16811 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 11 Construction Services Agreement:[2024_ver.2] 16B11 EXHIBIT A-2 BID SUBMITTAL County of Collier, FL Cjie ``Y Procurement Comity - - 3299 Tamiami Trail,East Naples,FL 34112 [VISUALSCAPE INC.] RESPONSE DOCUMENT REPORT GEN No. 24-8260 TREE RELOCATIONS AND IRRIGATION INSTALLATION FROM 1-75 AT PINE RIDGE RD TO 1-75 AT GOLDEN GATE PKWY RESPONSE DEADLINE:July 19,2024 at 3:00 pm Report Generated: Friday,July 19,2024 VisualScape Inc. Response CONTACT INFORMATION Company: VisualScape Inc. Email: jquintero@visualscapeinc.com Contact: Jose M Quintero Address: 17801 NW 137 Ave Miami, FL 33018 Phone: (305)362-2404 Website: www.visualscapeinc.com Submission Date: Jul 17,2024 6:17 PM CAO 16811 [VISUALSCAPE INC.] RESPONSE DOCUMENT REPORT GEN No.24-8260 TREE RELOCATIONS AND IRRIGATION INSTALLATION FROM 1-75 AT PINE RIDGE RD TO 1-75 AT GOLDEN GATE PKWY ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. I certify that I have read,understood and agree to the terms in this solicitation,and that I am authorized to submit this response on behalf of my company.* Confirmed 2. Collier County Required Forms BID SCHEDULE* Please Upload in Excel format. 24-8260_Bid_Schedule-VisualScape.pdf 24-8260_Bid_Schedule-VisualScape.xlsx BID FORM(FORM 1)* Form_1-VisualSca pe.pdf CONTRACTORS KEY PERSONNEL(FORM 2)* Form_2-VisualScape.pdf MATERIAL MANUFACTURERS(FORM 3)* Form_3-VisualScape.pdf LIST OF MAJOR SUBCONTRACTORS(FORM 4)* Form_4-VisualScape.pdf [VISUALSCAPE INC.]RESPONSE DOCUMENT REPORT undefined-TREE RELOCATIONS AND IRRIGATION INSTALLATION FROM 1-75 AT PINE RIDGE RD TO I-75 AT GOLDEN GATE PKWY Page 2 CAO 16B11 [VISUALSCAPE INC.] RESPONSE DOCUMENT REPORT GEN No.24-8260 TREE RELOCATIONS AND IRRIGATION INSTALLATION FROM 1-75 AT PINE RIDGE RD TO 1-75 AT GOLDEN GATE PKWY STATEMENT OF EXPERIENCE(FORM 5)* Form_5-VisualScape.pdf TRENCH SAFETY ACT(FORM 6)* Form_6-VisualScape.pdf BID BOND FORM(FORM 7)* Form_7-VisualSca pe.pdf INSURANCE AND BONDING REQUIREMENTS(FORM 8)* Form_8-VisualScape.pdf CONFLICT OF INTEREST AFFIDAVIT(FORM 9)* Form_9-VisualScape.pdf VENDOR DECLARATION STATEMENT(FORM 10)* Form_10-VisualScape.pdf IMMIGRATION LAW AFFIDAVIT CERTIFICATION(FORM 11)* Form_11-VisualScape.pdf BUSINESS TAX RECEIPT(COLLIER COUNTY BUSINESSES ONLY) No response submitted E-VERIFY-MEMORANDUM OF UNDERSTANDING* VisualScape-EVerify_MOU.pdf CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN STATE OF FLORIDA(SUNBIZ.ORG)* http://dos.myflorida.com/sunbiz/should be attached with your submittal. VisualScape-Sunbiz.pdf [VISUALSCAPE INC.]RESPONSE DOCUMENT REPORT undefined-TREE RELOCATIONS AND IRRIGATION INSTALLATION FROM 1-75 AT PINE RIDGE RD TO 1-75 AT GOLDEN GATE PKWY Page 3 CAO 16811 • [VISUALSCAPE INC.]RESPONSE DOCUMENT REPORT GEN No.24-8260 TREE RELOCATIONS AND IRRIGATION INSTALLATION FROM 1-75 AT PINE RIDGE RD TO 1-75 AT GOLDEN GATE PKWY ANY REQUIRED PROFESSIONAL LICENSES—VALID AND CURRENT(MYFLORIDALICENSE.COM)(IE:FDOT PRE-QUALIFIED LANDSCAPE CONTRACTOR AS APPLICABLE, REQUESTED AND/OR REQUIRED.)* VisualScape_Licenses-Certifications.pdf W-9 FORM* W-9-(2024)-VisualScape-(signed)_(2).pdf MISCELLANEOUS DOCUMENTS* VisualScape_Summary.pdf PRICE TABLES TOTAL BID Please Submit Completed Bid Schedule Via Microsoft Excel Line Item Description Quantity Unit of Unit Cost Total Measure 1 Total Bid Amount 1 EA $741,743.40 $741,743.40 TOTAL $741,743.40 [VISUALSCAPE INC.]RESPONSE DOCUMENT REPORT undefined-TREE RELOCATIONS AND IRRIGATION INSTALLATION FROM 1-75 AT PINE RIDGE RD TO 1-75 AT GOLDEN GATE PKWY Page 4 CAQ 16B11 FORM I -BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Tree Relocations and Irrigation installation from 1-75 at Pine Ridge Rd to I-75 at Golden Gate Pkwy BID NO.24-8260 Full Name of Bidder VisualScape Inc. Main Business Address 17801 NW 137 Avenue, Miami, FL 33018 Place of Business 17801 NW 137 Avenue, Miami, FL 33018 Telephone No. (305) 362-2404 Fax No. (305) 362-2403 State Contractor's License# GC -#CGC1526863/Irrigation SCC131151702 State of Florida Certificate of Authority Document Number P11000057735 Federal Tax Identification Number 45-2599402 DUNS# 043989890 CCR# N/A Cage Code 6W700 SAM.Gov UEI #SW1DKJ5GPFE1 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA (hereinafter called the Owner) The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery,tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth,furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten(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 Construction Solicitation Doc rev 04152022 C tl? 16B11 Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work 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 ninety (90) consecutive calendar days,computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion,computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature: '^ >✓ �. Title: President Date: 07/19/2024 Construction Solicitation Doc rev 04152022 1 bB 11 FORM 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers 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 long as the price,fitness and quality are equal. Exceptions(when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm,I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: VisualScape Signature: Date: 07/19/2024 Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER . N/A 2. 3. 4. 5. Please insert additional pages as necessary. Company: - Signature: ___..._ Date Construction Solicitation Doc rev 04152022 16B11 FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents, including,but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner.(Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical None 2. Mechanical None 3. Plumbing None 4. Site Work None 5. Identify other subcontractors )e ;; that represent more than 10% of price or that affect the None critical path of the schedule Company:-Visual ;gape In . Signature: • Date: 07/19/2024 VisualScape will self-perform all scope of services requested in this Solicitation Construction Solicitation Doc rev 04152022 16B11 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. Contractors submitting bids must be FDOT-prequalilied landscape contractors. Submit the FOOT prequalification letter with the bid submission. 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. E1 W23 Gulfstream Roundabout Florida Department of Transportation (project name) (project owner) Sarasota 2981 NE Pine Island Road, Cape Coral, FL 33903 (project location) (Owner's address) Landscape & Irrigation Installation Leine Trepper Project Manager (project description) (Owner's contact person) (title) Oct/Dec 2023 $ 1,068,321.00 (813) 295-0765 laine.trepper a dot.state.fl.us (project start/completion dates) (contract value) (phone) (email) 2. E1T50 Duncan Road & 1-75 Florida Department of Transportation (project name) (project owner) E1T50 Duncan Road & 1-75 2981 NE Pine Island Road, Cape Coral, FL 33903 (project location) (Owner's address) Landscape & Irrigation Installation Jeffrey James Project Manager (project description) (Owner's contact person) (title) Sep 22/Jan 23 $890,768.35 (813) 399-7317 jeff.james@volkert.com (project start/completion dates) (contract value) (phone) (email) 3. El U25 Bayshore Road Florida Department of Transportation (project name) (project owner) Bayshore Rd & 1-75 Interchange 2981 NE Pine Island Road, Cape Coral, FL 33903 (project location) (Owner's address) Landscape & Irrigation Installation Carlos Cabrera Project Manager (project description) (Owner's contact person) (title) Feb/Apr 2022 $983,818.85 (239) 738-6676 carlos.cabrera@dot,state,fl.us dot,state,fl.us (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 CAO 16811 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4. E4U95 Cypress Creek Road Florida Department of Transportation (project name) (project owner) 1-95 &Cypress Creek Drive 3400 Commercial Blvd. Ft Lauderdale, FL 33309 (project location) (Owner's address) Landscape, Irrigation, Terrace Walls Inst. Irma Leskovikh Project Manager (project description) (Owner's contact person) (title) May 21/Jan 22 $ 1,322,302.25 (954) 298-9288 innaleskovikh@dot.state.fl.us (project completion date) (contract value) (phone) (email) 5. E4T08 595 & 1-75 Interchange Florida Department of Transportation (project name) (project owner) 595 & 1-75 Interchange 3400 Commercial Blvd. Ft Lauderdale, FL 33309 (project location) (Owner's address) Landscape, Irrigation, Terrace Walls Inst. Arturo Castro Project Manager (project description) (Owner's contact person) (title) Aug 18/Aug 19 $4,947,970.00 (954) 793-7615 artcastro1958 c@hotmail.cam (project completion date) (contract value) (phone) (email) Company: VrsuaiScape Inc. Signature:_.._ Date: 07/19/2024 Construction Solicitation Doc rev 04152022 C i6g11 FORM 6-TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90-96,Laws of Florida)effective October 1,1990.. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Quantity) Cost (Description) (LF,SY) 1. N/A 2. 3. 4. 5. TOTAL $0.00 Company: VisualScape Inc./ _y Signature:___-- .._._._. l Date: 07/19/2024 Construction Solicitation Doc rev 04152022 c0 m ,, 16811 L FORM 7-BID BOND 1 THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we _VisualScape,Inc. (herein after called the Principal) and Great Midwest Insurance Company_ _, (herein called the Surety), a corporation chartered and existing under the laws of the State of Texas with its principal offices in the city of .__Houston and authorized to do business in the State of Florida are held and firmly bound unto the Collier County_Board_of County Commissioners (hereinafter called the Owner),in the full and just sum ........... of._....._._.,_Five Percent of'Amount Bid dollars($5%of Amount Bid )good and lawful money of the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally and firmly by these presents. Whereas,the Principal is about to submit,or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No. 24-8260 Tree Relocations and Irrigation Installation from 1-75 Pine Ridge Rd to 1-75 Golden Gate Pkwy. NOW,THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCI PAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ 1,685.00_ noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be nutl.and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 19th day of July ,2024 . VisualScape,Inc., 1780 W I ve.,Hialeah,FL 33018 Principal ----" — �Jr,,k C \Gt (Seal) B Y * Great Midwest� Insurance Company,800 Gessner,Suite 600,Houston,TX 77024 Surety • Nubile, -- (Seal) Char}iep,Nielson.Alton •-tn-F• t Countersigned {.ff'teith4.-' �f t ..7_.__..._ _,.__ Charles D.Nielson.Licensed Resident Agent Appointed Producing Agent for Acrisure,15050 NW 79th Coo,Suite 200,Miami Lakes.I t 3301ti 1 68 11 POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS,that GREAT MIDWEST INSURANCE COMPANY,a Texas Corporation,with its principal office in Houston,TX,does hereby constitute and appoint Dale A. Bells,Marilyn Ann Biome, Donald Bramlage, Edward M.Clark,Christian Collins, F. Danny Gann, David R.Hoover,Jarrett Merlucci, Laura D. Mosholder,Charles J. Nielson,Jessica P.Reno,Audria R.Ward,Edward T.Ward, Kevin Wojtowicz, Richard Zimmerman,Charles D.Nielson, Brett M.Rosenhaus its true and lawful Attorney(s)-In-Fact to make, execute. seal and deliver for,and on its behalf as surety, any and all bonds,undertakings or other writings obligatory in nature of a bond This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWESTz INSURANCE COMPANY,on the 1"day of October,2018 as follows: Resolved,that the President,or any officer, be and hereby Is.authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory in nature of a bond not to exceed Ten Million dollars($10,000,000.00),which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 11th day of February,2021. GREAT MIDWEST INSURANCE COMPANY CORPORATE 6fAL BY 14)4, v) sVitek.::li Mark W.Haushill % President -CCR90p*r ACKNOWLEDGEMENT On this 11th day of February,2021, before me, personally came Mark W. Haushill to me known,who being duly sworn,did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY,the corporation described in and which executed the above instrument; that he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. �u I'ft"�/� CHRISTINA BISHOP ,`'�r, Notary Publlo,State of Texas BY UP-0-7— .Ak ' / Comm.Expkes 04.14-2026 Christina Bishop k "q..�' Notary ID 131090488 Notary Public rm.' r CERTIFICATE I,the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY,A Texas Insurance Company. DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now In force. } Signed and Sealed at Houston,TX this 19`h Day of July 20 24 _ , �,yttNstrrL-cf,, T' r 0 i CORPORATE Ste.1 BY,__ Leslie K.Shaunty/' Secretary 0 s CMOP�° "WARNING:Any person who knowingly and with Intent to defraud any Insurance company or other person,files and application for insurance of claim containing any materially false Information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties. 16811 ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) L......----- 01/11/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Benny Cabrera NAME: GGA Insurance Group PHONE (305)630-4777 FAX (305)279-3022 (A/C,No,Ext): (A/C,No): 10689 N.Kendall Drive E-MAIL bcabrera@ggaig.com ADDRESS: Suite 208 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33176 INSURERA: FCCI Insurance Company 10178 INSURED INSURER B: Brierfield Insurance Company 10993 VisualScape,Inc. INSURER C: National Trust Insurance Company 20141 17801 NW 137 Avenue INSURER D: Richmond National Insurance Company 17103 INSURER E: Miami FL 33018 INSURERF: COVERAGES CERTIFICATE NUMBER: CL23122222068 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSDDL Sw,voBR POLICY NUMBER (MM/DDPOLICY/YYYY) (MM DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 X XCU MED EXP(Any one person) $ 10,000 A Y Y GL10007448702 01/01/2024 01/01/2025 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY X PRO LOC2,000,000 JECT PRODUCTS-COMP/OPAGG $ OTHER: Employee Benefits Liab. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y CA10007448602 01/01/2024 01/01/2025 BODILY INJURY(Per accident) $ _ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 C X EXCESSLIAB CLAIMS-MADE Y Y UMB10007448900 01/01/2024 01/01/2025 AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? Y N/A Y WC010008144401 01/01/2024 01/01/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Occurrence $3,000,000 Excess Liability(2nd Layer) D Y Y RN7032525601 01/01/2024 01/01/2025 Aggregate $3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Proof of Coverage CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Visualscape Inc. ACCORDANCE WITH THE POLICY PROVISIONS. 17801 NW 137th Avenue AUTHORIZED REPRESENTATIVE Miami FL 33018 y I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16811 COMMERCIAL AUTO CAU 058(05 19) AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE Airbag Coverage 3 Auto Loan/Lease Gap Coverage 3 Broad Form Insured 1 Concealment, Misrepresentation or Fraud 4 Deductible 3 Duties in the Event of Accident, Claim, Suit or Loss 4 Fellow Employee 2 Fire Department Service Charge 2 Other Insurance for Hired Auto Physical Damage Coverage 4 Loss of Earnings 2 Loss of Use Expenses 2 Supplementary Payments 2 Transfer of Rights of Recovery against Others to Us •4 Transportation Expenses 2 CAU 058(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 0 of 4 Copyright 2018 FCCI Insurance Group Insured Copy 16B11 COMMERCIAL AUTO CAU 058(05 19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s)to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II—COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1.Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an"insured" under another liability policy or would be an"insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to"bodily injury" or"property damage"that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period,whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the"bodily injury" or"property damage" occurs and that is in effect during the policy period,to be named as an additional insured is an"insured"for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured provision contained in Section II. g. Any"employee" of yours using: (1) a covered "auto"you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs; or (2) an"auto" hired or rented under a contract or agreement in that"employee's" name, with your permission,while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the"employee's" household CAU 058(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy 16811 COMMERCIAL AUTO CAU 058(05 19) h. Your members, if you are a limited liability company,while using a covered "auto" you do not own, hire or borrow,while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs(2) and (4) under section 2. Coverage Extensions,a. Supplem entary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured" solely at our request, including actual loss of earnings up to$500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury"to: a. Any fellow"employee" of the"insured" arising out of and in the course of a fellow"employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your"employees"that are officers or managers if the"bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow"employee"as a consequence of Paragraph a. above. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to$50 per day to a total maximum of$1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration,when the covered"auto" is returned to use or we pay for its"loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an"insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired"autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired"autos". However,the most we will pay for any expenses for loss of use to any one vehicle is$75 per day,to a total maximum of$1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to$1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy 16B11 COMMERCIAL AUTO CAU 058(05 19) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the"loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered"auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the"loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for"loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered"auto"you own that inflates due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that"auto" is a covered "auto"for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of$1,000 for any one"loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered"auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss"arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy 16B11 COMMERCIAL AUTO CAU 058(05 19) (3) Glass damage if repaired rather than replaced. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim,Suit or Loss: This duty applies when the"accident", claim, "suit" or"loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5.Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident" or"loss"to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B.General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Paragraph b. of Condition 5. Other Insurance under section B.General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own; (1) Any covered"auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your"employee" under a contract in that individual "employee's" name,with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any"auto" you hire from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy 16811 COMMERCIAL AUTOMOBILE CAU 082(01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC INSURED - BUSINESS AUTO POLICY PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured"without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 082(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 1 Copyright 2015 FCCI Insurance Group. Insured Copy 16B11 POLICY NUMBER: GL 100074487-02 COMMERCIAL GENERAL LIABILITY CGL 084(10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the"coverage territory") (Information required to complete this Schedule, if not shown above,will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. Insured Copy 16811 3. The particular person or organization, if any, scheduled above. Such person(s)or organization(s) is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"occurring after the execution of the contract or agreement described in Paragraph 1. above and 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; or 3. "Your work" performed for the additional insured and included in the "products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. However,the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to"bodily injury", "property damage" or "personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; 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. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. Insured Copy 16B11 1. Give us written notice of an `occurrence" or an offense which may result in a claim or"suit" under this insurance, and of any claim or"suit"that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit"to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. Insured Copy 16B11 FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE Additional Insured Coverage 9 Bail Bonds 9 Blanket Waiver of Subrogation 14 Bodily Injury and Property Damage 1 Care, Custody or Control 3 Contractors Errors and Omissions 6 Contractual Liability (Personal &Advertising Injury) 2 Electronic Data Liability 1 General Liability Conditions 13 Incidental Malpractice 9 Insured 9 Limited Product Withdrawal Expense 3 Limits of Insurance 11 Loss of Earnings 9 Lost Key Coverage 8 Newly Formed or Acquired Organizations 11 Non-Owned Watercraft 1 Property Damage Liability— Borrowed Equipment 1 Tenant's Property and Premises Rented To You 8 Voluntary Property Damage 2 Insured Copy 16811 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE:The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s)to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I-COVERAGES,COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. 2. Non-owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability—Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to"property damage"to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for"property damage"to any one borrowed equipment item under this coverage is$25,000 per"occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property. The most we will pay under Coverage A for"property damage" because of all loss of"electronic data" arising out of any one"occurrence" is$10,000. We have no duty to investigate or defend claims or"suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V—DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16B11 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) For purposes of this Limited Electronic Data Liability coverage, the definition of"Property Damage" in SECTION V—DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the"occurrence"that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I—COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions—the Contractual Liability Exclusion is deleted. SECTION I—COVERAGES,the following coverages are added: COVERAGE D.VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for"property damage" caused by an`occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the"property damage" arises out of any part of those premises; e. Property caused by or arising out of the"products-completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds$250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16811 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance,theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the"property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the"property damage" arises out of any part of those premises; d. Property caused by or arising out of the"products-completed operations hazard"; e. Motor vehicles; f. "Your product" arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a"seller",we will reimburse you for"product withdrawal expenses"associated with "your product" incurred because of a"product withdrawal"to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16811 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) a. This insurance applies to a"product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a"product withdrawal". c. We will reimburse only those "product withdrawal expenses"which are incurred and reported to us within one year of the date the"product withdrawal"was initiated. d. The initiation of a"product withdrawal"will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination)your decision to conduct a"product withdrawal"This applies regardless of whether the determination to conduct a"product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a"product withdrawal"and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination)your decision to participate in the "product withdrawal",whichever comes first. e. "Product withdrawal expenses"incurred to withdraw"your products"which contain: (1) The same"defect"will be deemed to have arisen out of the same"product withdrawal"; or (2) A different"defect"will be deemed to have arisen out of a separate"product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to"product withdrawal"expenses" arising out of: a. Any"product withdrawal"initiated due to: (1) The failure of"your products"to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause"bodily injury"or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of"your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of"your product". b. A"product withdrawal", initiated because of a"defect"in "your product" known to exist by the Named Insured or the Named Insured's"executive officers", prior to the inception date of this Coverage Part or prior to the time"your product" leaves your control or possession. c. Recall of any specific products for which"bodily injury"or"property damage" is excluded under Coverage A- Bodily Injury And Property Damage Liability by endorsement. d. Recall of"your products"which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or"suit"against you for"product withdrawal expenses". CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16B11 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A"Defect"Or A"Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened"defect"in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect"was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of"your product". (2) If a"product withdrawal" is initiated, you must: (a) Immediately record the specifics of the"product withdrawal"and the date it was initiated; (b) Send us written notice of the"product withdrawal"as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the"product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of"your product"which may cause or has caused "bodily injury" or physical injury to tangible property. When"product tampering"is known, suspected or threatened, a "product withdrawal"will not be limited to those batches of"your product"which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of"your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in"your product", or a known or suspected"product tampering", which has caused or is reasonably expected to cause"bodily injury"or physical injury to tangible property. d. "Product withdrawal expenses"means those reasonable and necessary extra expenses, listed below paid and directly related to a"product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 5 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16811 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) (8) Costs of proper disposal of"your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but"product withdrawal expenses"does not include costs of the replacement, repair or redesign of"your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a"contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a"contractor",we will pay those sums that you become legally obligated to pay as damages because of"property damage"to"your product", "your work" or"impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or"suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the"coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments—Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or"personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy,or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 6 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16B11 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage"to property owned by, rented or leased to the insured. h. Any liability incurred or"property damage"which occurs, in whole or in part, before you have completed "your work." "Your work"will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete,will be treated as complete. i. Any liability arising from "property damage"to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage"to property other than "your product,""your work"or"impaired property." m. Any liability arising from claims or"suits"where the right of action against the insured has been relinquished or waived. n. Any liability for"property damage"to"your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints,work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints,work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement,whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor"does not include a"seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 7 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16B11 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) We may pay any part or all of the deductible amount to effect settlement of any claim or"suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your"employees"or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use; or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. 3. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit"and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs(1), (3) and (4) of this exclusion do not apply to"property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 8 of 14 Copyright 2015 FCCI Insurance Group Insured Copy COMMERCIAL GEIlE4taLIRBTCITY CGL 088(01 15) SECTION I -COVERAGES, SUPPLEMENTARY PAYMENTS —COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS—COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS—COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II —WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The"employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the"bodily injury", "property damage" or"personal and advertising injury"for which the additional insured seeks coverage. However,the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 9 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16811 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any"occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision—Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or"property damage" included within the"products-completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to"bodily injury" or"property damage" caused by"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration,testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 10 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 1 6811 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization,from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III —LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard"; c. Damages under Coverage B; d. Voluntary"property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E.; and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary"property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises, while rented to you, CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 11 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16811 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) or in the case of damage by fire or explosion,while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of$10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one"occurrence" is $1,500. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one `occurrence" is $1,000. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is$5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for"product withdrawal expenses" in any one-policy period, regardless of the number of insureds, "product withdrawals" initiated or number of"your products" withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one-policy period, regardless of the number of insureds, claims or"suits" brought, or persons or organizations making claim or bringing "suits" is$10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above,the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is$50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. 11. Paragraph 14. is added as follows: • 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: 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: a. Required by the contract or agreement; or CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 12 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16B11 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) b. 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. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence,Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence"or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An"executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an"employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How,when and where the"occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence,Offense, Claim, or Suit: The requirement in 2.b.applies only when the"occurrence"or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An"executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an"employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense,Claim or Suit: e. If you report an "occurrence"to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence"to us at the time of the"occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this`occurrence"to us as soon as you become aware that this"occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 13 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16611 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work" included in the"products-completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 14 of 14 Copyright 2015 FCCI Insurance Group Insured Copy 16B11 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Copy 16B11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule All persons or organizations that, in a written contract executed by both parties prior to the date of the injury covered by this policy, require you to obtain this agreement from us. NOTE:This endorsement does not apply to any work completed at job sites located in Kentucky. 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 01-01-24 Policy No.WC0100081444-01 Endorsement No. Insured VISUALSCAPE INC Premium $ Incl . Insurance Company FCCI Insurance Company Countersigned By WC 00 03 13 (Ed.4-84) ©1983 National Council on Compensation Insurance. Insured Copy 16B11 Co ier Coi'tnty Procurement Services Division FORM 9—CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/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 project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non- public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result 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. VisualScape Inc. ---_....__.__.._._..........._— Co pa y Name v,,,-- Signature Ivan C, Vila, President Print Name and Title State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me by means of GI physical presence or 0 online notarization, this 19th day of July (month), 2024 (year),by Ivan C. Vila (name of person ack *' , --. ;a�:�nYc JOSE M.QUINTERO --.. .—,,..�, ..^ _ MY COMMISSION#I-IN 013695 (Signatw o Notary ublic-State of Florida) a. '4 EXPIRES:August 11,2024 •..o��° Bonded ThruNotaryPublicUnderwriters �-nt,Type,or Stamp Co missioned Name of Notary Public) Personally Known OR Produced Identification ,,in Type of Identification Produced (' )A:i 16811 Cot ier County Procurement Services Division FORM 10—VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this 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 and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub- vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 19th day of July ,20!4 in the County of Miami-Dade ,in the State of Florida ..._.___._ Firm's Legal VisualScape Inc. Name: Address: 17801 NW 137 Avenue City,State,Zip Miami, FL 33018 Code: Florida P 11000057735 Certificate of Authority Document Number 45-2599402 Federal Tax Identification Number CCR#N/A, CAGE Code 6W7Q0 *CCR#or N/A *Only if Grant AGE Code SAM.Gov UEI #SW1 DKJSGPFE1 Funded Telephone: (305) 362-2404 Email: IVila@visualscapeinc.com Y- Signature by: (Typed and -�"' • written) Title: President 16B11 Additional Contact Information Send payments to: Same (required if different Company name used as payee from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: Office servicing Collier Same County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Secondary Contact for Jose M. Quintero, Director of Pre-Construction this Solicitation: Email: jrluirttero(d)visualScapeiflc.com Phone: (305) 362-2404 16811 col. ler County Procurement Services Division FORM 11-IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed F,-Verify Company Profile page or a copy of the fully executed F;Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five(5)day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers,constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))that it is aware of and in compliance with the requirements set forth in Florida Statutes§448.095,and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. VisualScape Inc. Co Name „----1/::".•- Signature Ivan C. Vila, President Print Name and Title State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me by means of E1 physical presence or 0 online notarization, this 19th day of July (month), 2024 (year),by Ivan C.Vila (name of person acknowledging). JOSE M.QUINTERO `.1 • MY COMMISSION#HH 013695 ` �'` EXPIRES:August 11,2024 I (Sign t e of Notary Public-State of Florida) Bonded Thru Notary Public Underwriters (Print,Type,or Stamp Commissioned Name of Notary Public) Personal) Known OR Produced Identification n/a Type of identification Produced ' ) 7/23/13 EmployerWizard 1 L 8 '}1 1 j (� Var EVériFy-Verify ; il„Ul Welcome User ID Last Logm Employment Eligibility Verification VAN'ALA Nil2099 04:01 PM-07123/2913 Log Out Click any for help Ho11e Company Information New Case Company Name: VISUALSCAPE INC View Cases View/Edit Search Cases Company ID Number: 694236 Doing Business As(DBA)Name: Edit Profile DUNS Number: Change Passwoni Change Secunty Questions Physical Location: Y Mailing Address: Address 1: 15980 NW 117 Ave Address 1: Edit Company Profile Address 2: Address 2: Add New User City: MIAMI City: View basting Users State: FL State: Close Company Account Zip Code: 33018 Zip Code: County: MIAMI-DADE View Reports Additional Information: View Essential Resources Employer Identification Number:452599402 Take Tutc,rial Total Number of Employees: 20 to 99 View User Manual Parent Organization: Contact Us Administrator: Organization Designation: Employer Category: None of these categories apply NAICS Code: 561 -ADMINISTRATIVE AND SUPPORT SERVICES View!Edit Total Hiring Sites: 1 View/Edit Total Points of Contact: 2 — View/Edit -1 Department of Homeland Security-www.dhs.gov i.i.S.Citizenship and lmngration Services-www.uscas.gov Accessibility Download View urn https://e-wrify.usci s.g o/emp/Employer W zard.aspx 1/1 16B11 - . ' ,, _„,, ,, ,,,. IIIIIII ,. $,s` N[S rx^ E:VERIFY ISA SERVICE OF DNS AND SSA Company ID Number: 2180784 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 VISUALSCAPE INC (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.C.§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 II RESPONSIBILITIES A.RESPONSIBILITIESOF 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 Right 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 MOU for Employers 1 Revision Date 06/01/13 16B11 ur,:: EVenly NrsTR�' E-VERIFY IS A SERVICE OF DRS AND SSA Company ID Number: 2180784 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 anti- discrimination requirements of section 274B 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 Employers I Revision Date 06/01/13 1 6B11 v o,),:,X t,,,,, s 1 IIIIIO S eA.V I.4F`' ��Nlti Till`\ E.VENIFY ISA SERVICE Of ASS ANA SSA Company ID Number: 2180784 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 I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits,to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed),and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable,the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith,to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.B of this MOU. 12. The Employer agrees to follow appropriate procedures(see Article 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 III.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(l))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 MOU for Employers I Revision Date 06/01/13 16811 E-Verily E-VENIEY ISA'Emu Or ONS MID SSA Company ID Number: 2180784 (including denying, reducing,or extending work hours,delaying or preventing training, requiring an employee to work in poorer conditions,withholding pay, refusing to assign the employee to a Federal contract or other assignment,or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued,then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B 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 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions,and violations of Title VII could subject the Employer to back pay awards,compensatory and punitive damages.Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it 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-Verify@uscis.dhs.gov. Please use"Privacy Incident- Password"in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA 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-Verify,which includes permitting DHS,SSA,their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers Revision Date 06/01/13 16B11 G �f� EVenly }Y fLAf � SSC� r EVERIFY IS A SF.NVIEE OF DNS AND SSA Company ID Number: 2180784 reasonable notice,to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials,or other media. The Employer shall not describe its services as federally-approved,federally-certified,or federally-recognized,or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division,without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by 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 Revision Date 06/01/13 16B11 fr A . u iiiim �` NisrHP"�2 [VERIFY IS A SERVICE OF DNS AND SSA Company ID Number: 2180784 Fy b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States,whether or not assigned to the contract,within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award,the Employer must,within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract.Such verification of new hires must be initiated within three business days after the date of hire.An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract,whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),state or local governments,governments of Federally recognized Indian tribes,or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however,elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract,whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract.After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the 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 II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 16B11 vr af� r,5 0 .. ,' tlllli� ., ENERIFY ISA SERVICE OF DNS AND SSA Company ID Number: 2180784 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 MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow 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 E-Verify MOU for Employers I Revision Date 06/01/13 ti 1 6B 11 EVenly rrra�� E-VERIFY ISA SERVICE OF DOOMED SSA Company ID Number: 2180784 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 anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices(OSC),Civil Rights Division, U.S. Department of Justice. 6. 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. 8. 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. ARTICLEIII REFERRALOFINDIVIDUALSTOSSAAND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA,the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. Page 8 of 17 E-Verify MOU for Employers Revision Date 06/01/13 16B11 ,(,,_,:)°.- C.‘iii, , EVenly IIIIIII t1 ryIS FKPS E.VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: 2180784 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 06/01/13 1 6B 11 EVenly ��:' IIIIIII 4•F Arn��, E•VFRIFT IS A SERVICE OF DOS AND SSA Company ID Number: 2180784 employee to contact OHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch,the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations,generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch,the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport,or passport card to 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 10 days is necessary. 9. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and 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 E-Verify,an Employer will need a personal computer with Internet access. ARTICLEV MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures,will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 16B11 111.1 n fy Nkgify IIIIIII slRP E WHIMS A SERVICE OF DNS AND SSA Company ID Number: 2180784 B.TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V,part A of this MOU, 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 IIRIRA to any action taken or allegedly taken by the Employer. Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 16B11 E-VerifyFi..!!5t�` INISTN-� E-VERIFY IS A SERVICE OF DNS AND SSA Company ID Number: 2180784 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,Congressional oversight, E-Verify publicity and media inquiries,determinations of compliance with Federal contractual requirements,and responses to inquiries under the Freedom of Information Act(FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and 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 full agreement on this subject between DHS 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 1 Revision Date 06/01/13 68 11 lillul E-Verify y h., . E.VERIFT IS A SERVICE OF OHS AND SSA Company ID Number: 2180784 Approved by: Employer VISUALSCAPE INC Name(Please Type or Print) Title Ivan Vila Signature Date Electronically Signed 06/19/2023 Department of Homeland Security-Verification Division Name(Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 06/19/2023 Page 13 of 17 E-Verify MOU for Employers Revision Date 06/01/13 1 6E3 11 Elver.fy E.VERIFY IS P SERVICE OF OMS AND SSA Company ID Number: 2180784 Information Required for the E-Verify Program Information relating to your Company: VISUALSCAPE INC Company Name 17801 NW 137TH AVENUE HIALEAH, FL 33018 Company Facility Address Company Alternate Address County or Parish MIAMI-DADE Employer Identification Number 452599402 North American Industry 561 Classification Systems Code Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 16B11 EVenly : .-yet Yo Iµ E.VERIFY ISA SERVICE OF DNS AND SSA Company ID Number: 2180784 Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State: FL 1 Page 15 of 17 E-Verify MOU for Employers Revision Date 06/01/13 1 6B11 v o.,.. ,. „,,,,,,,,,, ergr iiuul E VERIFY 15 A SERVICE OF DNS AHD 55A Company ID Number: 2180784 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name Ivan Vila Phone Number 3053622404 Fax Email ivilaaa visualscaoeinc.com Name Keila Zambrano Phone Number 3053622404 Fax Email kzambranot7a visualscaoeinc.com Page 16 of 17 E-Verify MOU for Employers 1 Revision Date 06/01/13 16811 ; cif t E-VeriFy f,.4U sx� �NiSCNP‘, E-VERIFY IS A SERVICE OF DREAM,SSA Company ID Number: 2180784 This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 16B11 DiV3,ION (7r ,�.,O63plJF ATiOr;f:; or elj r r r A F L{ j'+r1+!_ r';5'�r`rttr,7 Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation VISUALSCAPE, INC. Filing Information Document Number P11000057735 FEI/EIN Number 45-2599402 Date Filed 06/21/2011 State FL Status ACTIVE Principal Address 17801 NW 137th Ave MIAMI, FL 33018 Changed: 01/25/2017 Mailing Address 17801 NW 137th Ave MIAMI, FL 33018 Changed: 01/25/2017 Registered Agent Name&Address KESHEN, NELSON CESQ 9155 SO DADELAND BLVD, SUITE 1718 MIAMI, FL 33156 Officer/Director Detail Name&Address Title President VILA, IVAN CARLOS 17801 NW 137th Ave MIAMI, FL 33018 Annual Reports Report Year Filed Date 2022 03/14/2022 2023 02/10/2023 2024 01/15/2024 16B11 Document Imagee 01/15/2024—ANNUAL REPORT View image in PDF format 02/10/2023—ANNUAL REPORT View image in PDF format 03/14/2022--ANNUAL REPORT View image in PDF format 01/14/2021—ANNUAL REPORT View image in PDF format 01/21/2020—ANNUAL REPORT View image in PDF format 02/04/2019--ANNUAL REPORT View image in PDF format 01/31/2018—ANNUAL REPORT View image in PDF format 01/25/2017—ANNUAL REPORT View image in PDF format ....................._............................._............_........._..................................E 01/28/2016--ANNUAL REPORT View image in PDF format 01/22/2015—ANNUAL REPORT View image in PDF format 02/18/2014—ANNUAL REPORT View image in PDF format 02/17/2013--ANNUAL REPORT View image in POE format 03/28/2012--ANNUAL REPORT View image in PDF format ................ ............................................ 06/21/2011—Domestic Profit View image in PDF format 1 68 11 VISUALSCAPE LICENSES AND CERTIFICATIONS: . • • ..gg1 44,„Rwi DeSantis.Guverncr i.y�yyri rnnrt Ye ern }3 Pon DeSa,xk 4cvrmv 00a,le5 fn'fln.505 COt A✓ . dbprOr* dbr ' .. STATE OF FLORIDA STATE OF FLORIDA ` •(DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 4DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE THE IRRIGATION SPECIALTY CONTRACTOR HEREIN IS CERTIFIED UNDER THE • PROVISIONS OF CHAPTER 489 FLORIDA STATUTES PROVISIONS OF CHAPTER 489 FLORIDA STATUTES • • VILA,IVAN CARLOS VILA,IVAN CARLOS • • VISUALSCAPE.INC ? VISUALSCAPE.INC 17801 NW 137TH AVE 178011•JW 137TH AVE MIAMI FL 33918 MIAMI FL$3018 1r ' 1 [ LICENSE NUMBER SCe131151702 :i LICENSENUMBER:CGC7526863 l I L..,,._,,,,,,,,,.o„p,,, ...,:,W,....- --J A EXPIRATION DATE:AUGUST 31,2024 EXPIRATION DATE AUGUST 31,2024 Alv:ays verity kcn,srs unl, at MyFbrieaticenu.<om Plway+venfy acrnses onlhie at MYFlnr4aUncrs eGran ❑X tip MA £OA Do not alter this document n any Icon. D>not alter Oils document In any sums. ^�, Tilts is yuon license It Is unlawt.,fur anyone Other than the!icemen to we Mrs Aunlment. ��',`. This Is your license It k unlawful for anyone usher than the licensee to use this document. ,rY�T The International Society of Arboriculture Ilcrcby Annottneo That ftl8M I rtGrl.: .: AaaORrsr ZvuxC'u+(M`silo i F NG LA,. f firril Ha}Lamed Ilta(Rdulllill CERTIFIED PROFESSIONAL r LAI INSTALL/010N ISA ISA Certified Arborist® 4 — BY inianSsI9119 w linplS:t l:.ni ed Achim-1st otni(icnlionrequircmenl; '' The Florida Nursery,Growers&Landscape Association Iyg u° II r su h Jeeo I irated annulment of ralasont o opetenctas os xuppnrtei by Confers no II ISA('tnJzntinhng Qwnul tt ,L.;ifA.. Ivan C. Vila '1'62 00550 so (wl e4.. Me Title of FNGLA Certified Landscape Technician(FCLT) ;E 111 Iws14k Arrow w, ('nni..9ry\nuav !='Wa1w+DNe:613<;162T /,�rY��/�F 2+r'bi'•'. .. '^ CT .v1adk+x.40,994t9 m;, ...__... ymr.dt::i f lortba DellartIIICltt of AgritultUrt s1Ita Consumer ?a trtlitfU - Florida Department of Agriculture and Consumer Services Pesticide Certification Office Commercial applicator License License Categories License 4 CM26239 IAl Ag Rots Crap 5B Organotin Paint VILA, IVAN C. Categories l A2 Ag Tree Crop 6 Right of Way 17801 NW 137TH AVE 5A,6,3 I B Ag Animal 7A Wood Treatment MIAMI.FL 33018 IC Private Applicator Ag 7H Chlorine Gas Infusion ID Soil and Greenhouse Fum 7(' Sewer Root C'oturol Issued: July 14,2019 Expires: July 31,2023 I F Raw Ag Commodity Funs 9 Regulatory Pest Control �_ . 2 Forest Pest Control ID Demonstration and Research \--��—' 3 Ornamental and Turf I I Aerial Application Sisnanue of Licensee WILTON s1MP ON.COMMISSIONER 4 Seed Treatment 20 Regulatory Insp.and Sanlp The abu,'a isei'.'t„„t,:l:re„•;<.e oni<:mepsovsuMl��rcl,a,,rR CLI.rs lov�rn.s rod a;,,,t.•,e:r,irrrn n.e 5A Aquatic Pest Control 21 Natural Areas Weed Ivigmt pesrictees. CAO 16B11 Local Business Tax Receipt Miami-Dade County,State of FloridaLBT -THIS IS NOT A B.LL-DO NOT PAY 7265536 RECEIPT NO. RENEWAL BUSINESS NAME/LOCATION 7553190 EXPIRES VISUALSCAPE INC SEPTEMBER 30,2024 17801 NW 137TH AVE MIAMI,FL 33018 Must be displayed at place of business ❑�i�4:1 Pursuant to County Code Chapter RA-Art.9&10 OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED VISUALSCAPE INC 196 GENERAL BUILDING BY TAX COLLECTOR ClO IVAN C VILA QUALIFIER CONTRACTOR 75.00 0810412023 Workers) 10 CGC1526863 INT-23-421079 This local Rosiness Tax Receipt only confirms payment of the Local Business Tax.The Receipt as not a license, Remit,or a certification of the holders qualifications,to do business.holder must comply with any governmental or aongovemmemal regulatory laws and requltemeats which apply to the business. The RECEIPT NO.above muss he displayed on all commercial vehicles-Miami-Dada Code Sac la-276. m For more information,visit www miamidade govflaxcnRactor r Local Business Tax Receipt Miami-Dade County,State of FloridaLBT -THIS IS NOT A BILL-DO NOT PAY 7198149 RECEIPT NO. RENEWAL BUSINESS NAME/LOCATION 7478421 EXPIRES VISUALSCAPE INC SEPTEMBER 30,2024 17801 NW 137TH AVE HIALEAH,FL 33018-6409 Mast be displayed at place of busirrass ❑e'�,b 0 Pursuant to unto ��x.$'i; Chapter 8A-Art.9&10 0LS. ,' OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED VISUALSCAPE INC 196 SPECIALTY BUILDING BY TAX COLLECTOR C/O IVAN C VILA PRES CONTRACTOR 75.00 08/04/202 3 Workers) 10 SCC131151702 INT-23-421079 This local Busiaesa Tax Receipt only confirms payment of the Local Rosiness Tax.The Receipt is not a license. permit.or a certification o1 the holder's qualifications.no do business holder must comply with any governmental or nongovernmental regulatory lases and requirements which apply to the business. The RECEIPT NO.above must ba displayed on all commercial vehicles-Miami-Dade Code Sec to-276. MD For more information,visitwvron miamidade govfancollectul Local Business Tax Receipt Miami-Dade County,State of FloridaLBT -THIS IS NOT A BILL-DO NOT PAY 6856166 RECEIPT NO. RENEWAL BUSINESS NAME/LOCATION 7136750 EXPIRES VISUALSCAPE INC SEPTEMBER 30, 2024 17801 NW 137TH AVE HIALEAH,FL 33018-6409 Must t o Msp€aycd at area:i s bun=Incas Q.`�r,�.rY e❑ Pursuant to County Cada ;le: , Chapter 8A-Art.9&1r0 i F.` —, ' s .�a OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED VISUALSCAPE INC 213 SERVICE BUSINESS BY TAX COLLECTOR CIO IVAN C VILA,PRES 75,00 08/04/2023 Employees) 10 LC2338 IS INT-23-421079 This Local Rosiness Tao Receipt only confirms payment of the Local Rosiness Tax.The Receipt is not a license. permit,or a certification oI the holder's goelihcations,to de business.Holder mast comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO.above must be displayed on all commercial vehicles-Miens-Dade Code Sec ha-27E. For more inlomiation,visit www miamidade govnaxcalleclor .s::rlli 16811 a_..wi♦�.u✓rrr,ta u�+�-+,.,rrrn.�.,u.-r-+r.. n u..rr STATE OF FLORIDA UF II�AS rxteN6x)n Hoelda Friendly i"Fy Drpltttlnrnt of 3Qnatiturr aub(Constancy eknorrS BUREAU OF LICENSLNG AND ENFORCEMENT • Dole File No. Expires NON ember 5,2022 LC238818 October 31,2023 { FLORIDA-FRIENDLY LANDSCAPINGT" THE COMMERCIAL LANDSCAPE MAINT.HOLDER NAMED BELOW I CERTIFIED PROFESSIONAL • HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING:October 31,12023 This certifies that Ivan Vila - „-ANC,VILA 176fn Nil'1311H ASE MIAMI FL 3i018 lips successfully enmpleted the Bonds i Friendly Landscaping,. Certified Proresmona Training i ‘r7('JLE"�IR3.["FWED C USSIO ER /µd .._..... F^:!�_ Even A.m. a7;bwnsvnr, _ tccvmm-+�—��t�i�zcsrr�.i ... 1ss.,ar1 s,mws 2023 - 2024 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 1'15 S.Andrews Ave. Rm.A-100, Ft.Lauderdale, FL 33301-1895—954-357-4829 VALID OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024 Receipt#:324-246901 CAPEsiness Type:L:A+aN MAINTENAxcI=,-I.AN scAPE Business Name:VISJPLs_:-- INC=Nr Yp (LAWr MAItT ENANCR Owner Name: IVAN c VILA Business Opened:02/16/2012 Business Location:770 SW 12TH AVE State/County/Cent/Reg: POMPANO BEACH Exemption Code: Business Phone: 305-362-2404 Rooms Seats Employees Machines Professionals 2023 - 2024 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S.Andrews Ave , Rrn.A-100,Ft. Lauderdale, FL 33301-1895—954-357-4829 VALID OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024 Receipt#:189C-31232S Business Name:VISUA.LSCAPE INC Business Type:TREE TRI1ININt3/TREE MAINTENANCE TREE TR If'T4ING) Owner Name:IVAN C VILA Business Opened:06/21/2011 Business Location:773 SW 12TH AVE StatelCountylCelttReg:A-1090 POMPANO BEACH Exemption Code: Business Phone:20s-362-2404 Rooms Seats Employees Machines Professionals 12 DETACH HERE AND DISPLAY RECEIPT IN ACDNSPICUOUS PLACE 4 4 Gi CITY OF CORAL GABLES.FLORIDA GUSSTTOar.NO 224699 REO LOCAL BUSINESS TAX RECEIPT aT, 501d3TA P THISIS ROTA BILL-00NurPAY 2023-2024 BUSINESS NAME: VISUALSCAPE INC LOCATION: VARIOUS LOCATIONS ORA NAME: LANDSCAPE CLASSIFICATION: NO.OP UNITS UNIT DESCRIPTION AMOUNT PAID:t 4J��11 1 Landscape Malntenaru;a Contract 8 PERSONS R 4 6 BUSINESS TAX RfGPT RENEWAL VALID ONLY AT LOCATION ABOVE. RECEIPT EXPIRES OSf30120E4 "'This master dnaS not constitute authority to begin operating at this location without a Certificate of Boo and Inapuction Approval dc� 1 613 1 1 FOOT' ti 2 / 1 /c1A—- )ed 93;„4-eiettiem -r.oraon, Disadvantaged Business Enterprise (DBE) Certificate of Eligibility VISUALSCAPE INC MEETS THE REQUIREMENTS OF 49 CFR,PART 26 el PPRO YEn N4 ICS CODES; ' 569730 1 ,„k. 1 , • , , f,i ai :,.',- • - ..). ,'.,, • , -i DAT& UICIORM V.SW MAU r 30,4tbi -it BKONARD e"' t's 4.4'V t" or," 11111L'osoik„ jiplk,k, .. 1,41.14.4.11 Givicirimilla 4.14 R..,O.."la,104.Y. , .T /s ill' 4 efifite V?gre:.)..."01/4.e& VisnalScape Inc. Is certified finder the provisions of 287 and 295.187.Florida Statutes,for a lwriod from: 0201/2024 O2O112026 1.-- J.Todd Inman Florida Department of Management Services Offite a'5.,rypii,01,,T5tV 0.AC.61;‘1.0:Sik%NPAy,%Of 11i0 'AV.PrA. TaRabassee A239,) na.1.1"iriomwm.,01,4,14k,.4,.; Mi0,07.0P1.'S . 0 SUPPLIER DIVERSITY'WI V,,,,,dr11N.,,,,CriT3 CM/1,d '.0 , CIA,0 1 6E311 DIVISION of .0„,4190/0„, CORPORATIONS 0.0,000..."."7„.....00■••.mftwok. an official State of Florida welnite Department of State I Division of Corporations Search Records Search by Entity Name / Ps,On List Next On List Return to List ivisualscape inc Searchj No Events No Name History Detail by Entity Name Florida Profit Corporation VISUALSCAPE.INC. Filing Information Document Number P11000057735 FEUEIN Number 45-2599402 Date Filed 06121/2011 State FL Status ACTIVE Principal Address 17801 NW 137th Ave MIAMI.FL 33018 Changed:01125/2017 Mailing Address 17801 NW 137th Ave MIAMI, FL 33018 Registered Agent Name&Address ppey mentimages KESHEN.NELSON CESQ 01/1512024 ANNUAL REPORT 9155 SO DADELAND BLVD,SUITE 1718 MIAMI FL 33156 0211012023 ANNUAL REPORT , 031412022 ANNUAL REPORT Officer/Director Detail C1.14 2021 ANNUAL REPORT Name&Address 0121 2020--ANNUAL REPORT Title President 02:042019 ANNUAL REPORT 01:31,2013--ANNUAL REPORT VILA IVAN CARLOS 17801 NW 137th Ave 01/252017--ANNUAL REPORT MIAMI,FL 33018 01/28.,2016--ANNUAL REPORT 01122 2015--ANNUAL REPORT Annual Reports 02,182014--ANNUAL REPORT Report Year Filed Date 02217;2013--ANNUAL REPORT 2022 03114/2022 2,2812012--ANNUAL REPORT 2023 02/1012023 2024 01/15/2024 P.6/21,2011 --Domestic Plot arr ) 16811 ACC,R13 CERTIFICATE OF LIABILITY INSURANCE DATE t;IfM;DDNYYTI 01t1 L2M4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS),AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policyfies:}must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernentls}. PRODUCER CONTACT Benny Cabrera NAME: tOGGAA Insurance Group I CNr4c,Ekry:'. {3051 e30-4 ? I Via,NpI: i 1)27g- `2 10t fd N.14errdatl Drive ADDRESS: i H �+:raiggga .ccm Suite 208 M SURER;S1 AFFORDING COVERAUE NL'1C Mom, FL 33176 INa:LfRERA: FOCI Ins;:rance Corrpany 10172 INszar.ED INsueER a Ere Tao Ins:;ranoe Company 1D�t 4 V'sualcape,tr. INSURe,c Natsnai Trust'insurance Compar'y 20141 17801 tree 137Avenue INauRER - Rimynm'Naticnal Insurance Compaiy 17t0.3 INSURER.E Miarn Ft. 33018 INSURER F COVERAGES CERTIFICATE NUMBER: CL`23I2-22.22O REVISION NUMBER: THIS is TO CERTIFY THAT THE POLICIES OF INS JRANCE LISTED BELOW HAVE BEEN ISCJED TO THE!SOURED NAMED ABOVE FOR THE UOICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INCJ:,ANCE.AFFCRDED BY THE POLICIES DESCRIBES HEREIN IS SUBJECT TO AL'-THE TERM%, EXCtuatoriSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDJC ED EY PAID CLAIMS. INSR ADM SUER POLICY El-F POLICY OW LTR TYPE CF INSURANCE IN SD PfeD POLICY NUMBER ?M AMMYYYT NCC'YYYYI LIMITS X COMMERCIAL OENEUAL LIAELITY SASH CO:I-FRENLE S 1,00O.s000 our T.:jtr ju 100,000 ,-..wMlF,IU MACE CC,C1;R %REIS E IY se: I X XCJJ vED ECF:;Y's xc ce,,r:: I 10.000 y. Y Y GLIn:17446702 21,042024 01421,2025 IEZ&_ex•<a AD,tiJuaY = 1,260,000 UENI.Ar aEc ATE`.::4I"A.=P.2a:PER' GENERAL 4::5C+AGATE ii 2,020,000 POLICY 1-=1 pER D -:otAPrOFACG I 2'? 0,000 JEGT OTHER Emp.ayee Benefits Lab. s 1,020,000 AUTOW:ISLE LIA'BL1TY :.3I WED E NCLE LINT 1,030,000 -Ea ac-kYrt, X ANY tiJTO SOD,-Y J-RY:Papene.: i 6 — 4'.EOLLEZ Y CA 10007443602 01 t71i2024 01,81,2625 EST.%_Y u:J RV:Pe•Mc dnY. I AUTOSHIRED ONLY .L"TDE HIRED NON-CANED FR.6=ERTY Ct�d.44�..E S AUTOS ONLY ALmDE H" _Per UMBRELLA LAB X 'YN EACH CCAUFRENCE p 200.E-00 C X EXCESS LIAR ^CLNM:r1.tA e Y Y UM&'000744Pt?00 21VIl2024 01411,2025 AG RE1X E t 2,000,000 DED I IRE'Eh•UNi WORKERS COMPENSATION X ET:{ ^:E I I ER+ AND EMPLOYERS'L/AEILrre Y I N A .W RcPFETRFW7hE EkEC .r,g NiA Y WO: 0048144401 21,01;'2024 01,131,2025 £.LSACI-4CCICEHT a 1, 00,C00 FOMMEI E>rEaa:cED7 1.020,000 imenatory In.NHg 'E.L.D ASE-EA.E,,PLO,SE ; P C..desatel.mdc 1. 0,000 DDESSRIPTON OF OPERi,-:ONS bEHA E L.DY-CSE-POLICY LIMIT $ Each Occurrence 5 3.000 002 Excess Lability il;2nd Layer) Y Y Rki703 -_53i` 01,'01.2024 01421,2025 Aggregate S 2.052,073 DESCRIPTION OF OPERATIONS I LOCATIONS VENICLES IACORD 10.,AIdidnns.Rarr.sikc Snhs1n1A.PlaA to arvaned If MC!.cpass ar rspurrsdl Proof CI'Coverage CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL HE DELIVERED IN VsualsCape Inc. ACCORDANCE WITH THE POLICY PROVISIONS. 17801 NW 137M A/,en€ AUTHORED F'EPR'.ESENTATIVS Miam:. FL 2.3018. D 1988-2015 ACORD CORPORATION. All rights reserved ACORD 25(2015433) The ACORD name and logo are registered marks of ACORD 16811 FDDT Florida Department of Transportation RON MANTIS 605SuwanneeStreet JAPED W.PERDUE,PE. GOVERNOR TaUaha ee,FL 32399-0450 s REr,�;Rv April 10,2024 VI3T.ALSCAFE :'_d« . 17301 NW 1377i AVE T IA'I, FLORIDA 33018 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your c n:;-vany for the type of work indicated below. FOOT APPROVED WORK CLASSES: LANDS: EINC, IRP GATT ON Unless notified otherwise, this Certificate of Qualification will expire 6/30/2025. In accordance with Section 337.14(4) , Florida Statutes, changes to Ability Factor or*ia;ictum Capacity Dating will not take effect until after the expiration of the current certificate of prequalification {if applicable}. In accordance with Section 337.14(1`r, Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequal_fication Atplicatior. System via the following link: RTTTPS://fdotwpl.dot.atate.fl.us/ContractorPreQnali.fication Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. The company may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.C14143 Florida Administrative Code (€.A.%.), by accessing the most recently approved application as shown above and choosing "Update." instead of "Flew_" If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. I 1 pregualified contractors are required by Section 14 C+6(3) F.A.. to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity_ You can find the link to this report at the website shown above. Sincerely, ,,,- CIC4( James E. Taylor II, rrequaliflcation Supervisor Contracts Administration Office JTII Improve Safety,Enhance Mobility,Inspire Innovation www.fdot.gov 16B11 7 I, , fiFNGLA. 4FNGLA. tERTIF�EO PROFESSIONAI 1% �-4 ,ONTIEDPN0EES510NA1 =( �w(s f „1. EN' :,NT2<.CiCR 33 I W .;UI."'RE 4 The Florida Nursery,Growers&Landscape Association ' The Florida Nursery,Growers&Landscape Association Confers on •.,`.. y' confers on z f Adrian Rivero % Adrian Rivero '` 3 C00323 H10344 t r The Title of •S me Hite of sr FNGLA Certified Landscape Contractor(FCLC) ? FNGLA Certified Horticulture Professional(FCHP) �A t7,',,v O.b 033/LR025 AAhr„ ---�'1W *• Ergr ".kb.03/l4'T / �{{��+..,(�� C`rt'ie05uice:9/22nPlx jP Grtaaf 5nce.l:RaL'-015 Kw r+ary na:r.52.lm p.rcr ... �iruy,rKK rMry vokr' ian.� F 'lsv P .a �.NiPHvw;.nro +um:NtgMovwwxxvsa' A FNGLA; P FNGLA. Ei'. "" CC REIFIED PROFESSIONAL CERTIFIED PROFESSIONAL The Florida Nursery,Growers&Landscape Association •n Confers on 04 The Florida Nursery,Growers&Landscape Association Confers on 'h Adrian Rivero T00102 r',�, �' Rodolfo Hernandez T92 00098 he Title of The Title of FNGLA Certified Landscape Technician(FCLT) µ FNGLA Certified Landscape Technician(FCLT) iii v /, ,,.eJ ,...n22/x00235 „/E rN/ ` 4 ' ‘\AilL Exp ratbr:Gab.6/30/2022 Cweltl Since 9122.200) � . '"I''''''.. '"I''''''. —\\, �� (< yll'r eWX.Sra..fNnveaMT WrY Nd4 MenYUYn dvm -� fJB�.o,ffgANes.Y•x fn JMaF _ i Gin . ¢':'? e. .,,sue , 6. ,"we.:i" wxw«Mm'.eF!✓!k''m/z-<v-....,um.....z sbttc'giw:'-t.e.:-+.' .n> WNdi^€✓✓rti &',4m..>4/9.a �n'it AAYSv Nni AM'AM.v h#£kfYn.Frr S1:'A { FNGLA. FNGLA. yy�� CERTIFIED PROFESSIONAL ' ; CERTIFIED PROFESSIONAL INSTALLATION P :II;IALt..AIYJF: The Florida Nursery,Growers&Landscape Association r z i The Florida Nursery,Growers&Landscape Association ',,,,A Confers on '-- Confers on "- z Adrian Rivero Jr T62 10551 I Luis Sosa TC3 0064.1 _ The Title of s' The Title of i FNGLA Certified Landscape Technician(FCLT) FNGLA Certified Landscape Technician(FCLT) LI1 ..cp wimm:T6, re p' � .. l I asa.�,nu6r.we _ rnsai. y g !. 5� ,R,,yy. _ h 16811 _w _._ _� A FHGLA ,, I FNGLA( CERTIFIED PROFESSIONAL INSIALI.ATION CERTIFIED PROFESSIONAL The Florida Nursery,Growers&Landscape Association The Florida Nursery,Growers&Landscape Association s s Confers on Co,Pars orr Victor Perez Ivan C.Vila 4 T00642 I S91746 it 75, The ritic of ' ' The Title of FNGLA Certified Landscape Irrigation Service Technician(FCLIST) FNGLA Certified Landscape Technician(FCLT) .0 f. 4 `1 F.krbRedn nce: 17/31/4 e CCItlFlOG SIrKe,t0/9/1(1!D /4/' __— .ems ¢r OiSMNiN'iA haJOW M.Y MaC 4in Dietb E < yy AMII n.¢,.{i60✓�/ . rS . -.w'.&.2,uehGdn>twmw.awm,wx,u,u'xcem �ma:($ab Wlad V[H.NN9A - k6b tIFNGLA PFNGLA9 w� CERTIFIED PROFESSIONAL '1. 4ERTInED PROFESSIONAL IV ,,,,,Ii.4.,:. 0 MANU N !v-: The Florida Nursery,Growers&Landscape Association ! I The Florida Nursery,Growers&Landscape Association t, Confers On r i i Carfe✓s art Adrian Rivero Jr. t Wilfredo Maldonado S 122674 S9351381 I The rate of The rite:of FNGLA Certified Landscape Irrigation Service'Technician(FCUSI) FNGLA Certified Landscape Irrigation. Service Technician(FCLIST) { p ✓ f. ( ik �e.,,.,.i.n. ,...11:::.' �wex.n,xrrv/.sd ,..- n�.wK.,,��W, a.,.r.. x : i s gSkAAFp� ,pr % slate of Floridai i';c"�Y14t1'ati4"Fir'. il.� :�C.�1G2 '�, Ileparttneni ofAgricultur'e and('oa umer Services Issue Date, Felrruaty Ib 2022 _I. Dix isiou of C tluSa1Tier Bemires -� ,�'1t ye 2tass Iloridae Flory Expiration Date', February 2I.2023 Dd >�1,o T:EIIrihassee, 32►99-6500 License as Dealer in Agriculture Products POST CERTIFICATE CONSPICUOUSLY Section 604,15-6014.30.Florida Statutes �ry (�, V'ISUALSC'APE.INC'. i ' I "" 4,--i,„,,' 17801 NW 137TH AVE _ HIALEAH.FL 33018-6-109 NIC'OLE'.NIKKI"FRIED COMMISSIONER OF AGRICULTURE 1 6B 1 1 :"..z..orr:7 , .. n.,: . ,:iffmr,41,fvfa,,mymtiwzr.1 Ii7;:' OF ff...60.1A 1,,N! .„„ ,..,,,. ro.. - 1°1' . IA!' UF ::i.:Cliiiii:A. 1,4 Certificate of Training 01 ,>k-. Certificate of Training tit/211(Q-I Best Mao ag,tirei en t Practices i.e.'1 . ' Florida Green Industries Irfi '$:,,: (A,231162-2 Best Management PractiCeS 01,2062 ,4 Florida Green Industries N ':',, 1 i,,imrictstsried hereby ski:mm.61g,,Imo it rtiA! 1!,, CIA!timitntsignitti tu!leht!:it,i,tiou ledge,tin: :47' Ivan C.Vila i,....',2',- v.,:ii ---1, Adrian Ri vero 40,,,,', w,,,,... ., , !,,,,,:n, r All re r gen:tolly mei quieme nts O eUeVary 16 be till",FS:adieu th!!i!v.! ! !! 31 ....NL: that,(.ceSlis!Mi.:Tie:Si Bat Mariritynktat Practices Progrsm..ia la.9,...1 1,1 11. 1:,:,01 RI :i i i 1, li,,,id i u'cii l'it.‘1,mageincitt Practi!cs Pr,il:Lun cict!!!!,.,!1!!!!!!, !, it .H,,,,1„l;>erg,mei il of Findloisitsetitil Prottit 6021 evitti die i'sill,rsuy or vi '44 ._ 1,,,,t 1.-”,eli.te:...r.FOOd an Agtieuhural Sclenics. 1!,, I.!i ki!!!!re wur t ot Environmental Pi orecii,C,clib mt l!!!!,,,tt!.1 g 4, Al ,,..•,, M.Orfanedes 9/25/2013 ,..c.,..,, ,.' inse,..‘...,,,. ,,,..14 10 g,b,j: , ,l 1o:id:I Iti,61u!,of It.i4A1:Ind Agri!unit.," .0 ! !.t!, ,li ift.b.V Z11 ' t.i‘i'' , '- Lk:4 4'." ,:::.7,..10iifft,'"6 -;- ...:::1—:::; pprifyiw , .,..#'„:„ -'',:;, ..47.:74i,Ar:",,:,..',,,-....-,,,,.:,';:,,.-.,',',.::-...,,-.-,.,.••,,, ,,,"7.,''r..'l;;M. Rtrr's'40410,/r4757CAVVPWVIVilk‘Pri ' ilrirrir',',:i';',1",: 4 UFIFAS - ''!..-1:1 l'''"•::. IF.1CtiiiIii_iii 7.'",ii: ,,',- . Certificate of•Iraining -'•• • i Certificate of Training I 1.z.41 (1',7,1K,"7-•,• Besta m Management Practices 1, . ''\,,,,./.. Best Management Practices '—'"•'''''' G V405279-1 Florida Green Industries ;:.•':,:„ el 3g27 Florida Green Industries g , V2 LA ! !!' OV405279 he.und . -,'sag Manna 11.14 Tersigned hereby neb0owlecigett that 1 Lh,undersigntid hereby acknowliNkr:Milt l . , Rodolfo M.llernandez it 4 >: Luis D.Sine '•.•, has successfully met ill requirements necessary f 0 he fully trained through ! , i#4! I!, !,!!:Issu!!!,!!!!ct ail retistirerunnie.Oen yys,i 0to be lulls:1 igivii..i through i aq -, .., the Ginen Industries lit:,Manirl.tement Practice.,Program developed by the 1 , Ittoti,i,Fie,:`da,Eiji,itieill Prit isix.ii()Vigil:Psi dee:duped,ti IF,: !'l,.^?.71 ,',iiiii :),; 1 Honda Department of limittmmentill Prtgeci ion will,the University of ! A too l;St si.l.ti:spur'II 1,,f12•,./i 0 IlrYltal rn lit,C11,11,V111,rho(46,,I,..i q 3.,Z'',0 'di.. 11..ili ili WWI:Ur I 1 li.,/1.nIftlAhhile.tafaild St.tnnans .`,-, NI ,,,. Honda institute or Food and Agricultural Sciences. dh :q1'.1 , //ti/L 11.Wye, 1,2S:2018 Ni.Orfannk, 9125,20(3 ,.„-yrf,i.',..,2.„„,..(,_, !ill !„„„ 1III kittaiii: :te,;44;i',itigliiii.'''': aliffig4114are:;0ttiikla:4 'akiiiglgOlEft\Niftlainittaiittig4dWiiiitii ii7;i1';:Li-' WIWP,11104141WV- ;''.<VIPE*T11.-.'.-'-t'e'; ;;;iri*.:Itt,'X ri:::"Nt fiP ,t,Mg-einfOlVMVP/MINIMIVAISVPAWITI9A .,,a% i.e. 'ri IJF-!. !..tn,,i.,', (:,,Latinte of Trai gag steal -Wendt),,!;4 t UFIFAS th itinfhef fain idttet...`i . ,Slys r biatik' , Certificate of Training I ,,,„.„,., 1 , ....,.„...,....:,, that CliY3017i-t Best Management PracticeS HI ,,,„” Best Management Practices dort La .-7;;;;;;;, Florida Green Industries !ki 1"!.ii Florida Crean Itaiustrk, .• 1 cw3917) . I Tan,lull no 1 The tilldertigned hereby tantsdowipdgpii Aucencio F._Mendoza i -11 „..., Vg,4 5 'I he undersigned hereby acknowledges list fiernan Martinez Sol ..,.,, ' 1 ko soeccatilly nun all retpurenicuts MO:diary 10,he.MT Mickel through ipi , 1 the Y Green Industries Best!Mausgentent Practices rnsgrami developed by the !/0, 0 tuis successfully completed the Green hultistries Best Management Poet ices Poogram 4 1 Florida Depau.cot"i.tic,,,korunerior Pro....ceo,i with!he Ounetsuy ti!f :t tl developed by the Florida Department of Environmental Pronictirm with do Utuversity id Florida Potion,of rood and A400114101 Sciences Lo':: 4, Pinriii:i Institute of Itocid sod Agricultural Sciences p 1;' lk! trttr' elhita•MAgleiegi;:tisaklargiaali4M2gaiiiIat !ei;I:IJII:if :;it:,IIQS:AkfIM:Jljitir.',iakt.4tWr.'..,' ,4tiiialii; ''.:,'-',4.,;Vilf4M14 :::.--'-'•j-''',.':.'-A'::',''.':':‘:11,3M_Ogf4T.0.175 -',''..,..01,'Vr11.”L"rii. ,','. WI.,7.'„ T" >,: unFAs ft.m...,...e,y,‘--, ...4„,i .gr IIF IIA,.... ..i.ri""‘ flerida.Rtiendly, .....:_,_,,,, Certificate of Training ,!-:.!:a,!!!!,,,... !!, !!,!'..4 :1 9.YN-i,,,,,,i Best Managetnent Practices e.:74•‘''), -•e , 9Y,,'7(,'.3 5 Florida CeVell Industries lir SI ....., Certificate 4,1"Tr ii i fling Rmt Management Practices 2, Eloridit Green Industrie:: 4! '44 R P .tablerstgned hereby acknowledges thai „,. ..A. Marco Antonio Mendez 4-, 4-c Juan Ignacio Solis ,t•i i ,,,:,..4:i los succresfullycondslated the(Pees larlusnies Bed Management Ihnetices ihns am ji 1.0,A iedsF. g 4 gl doeloped lis the Fled&Dapanniefli or Priehonniental Piotterion wid hr University of timid*bulimic of Food and Agricultimil Sciences h : :44 4 M.ideflordes 10r5r2tt22 k 1 ..,.,,.s. --;1•.!_,......: .4,elitate:skNaglAileatariNertkitaiiraitagrigkialgti,..c.1A ',.;41.4,i0.%I.A..k,E;',CiaifiiiimiT&A.'• —ir''Aikiala 16B 11 FDOTl ,9VA7fU,.CA F T`'v ADRANRAZE'xO For�IT,y Ah7UxOZAZUBIA Cuhfcate: Has Compleled a FOOT Approved Temporary Tram, Cerificatr. Has Camp/0/0 a FOOT Attproved Tenwary Trait Cale Has Complete a FOOT Approvrul Temporary Traffic 606797 Control.Advanced Corse 604212 rmtrd:Advanced Course 606795 Contrd:Advanced Course, qaaad: 03,09/2023 Training Pravda'. Issued ^'2/00n022 Talryng Provider: hawed: 03/3,'2323 Training Provider: Met,Florida Seely Gard Men tim,..1 Softly Gt.'w::, Mein Roma saMty GwnN EntlftSt 02125/2027 LfC ory Wei: 12/06/2026 0 T O,,,, BOW 02f252027 µ TrM.ounlr L de 3cw.JAvn Mad,FL3;Ys1 LMd:BrxvxnPambeah.Frata4: I FL IrreeedaJ.0 atop fJ.M MIfF YLLbuctori.FA Pfi.954KA 19M Ph 95JeC9 19DC PI.:i54aV'3I Non vrrt ttlis Crttrmatitatmutrinclainet cm .. Mvllylh:Camfr. at vrvwnnlahlatram. turd),IMe udAem tit mow.matImn oaln • FDOT �° " } t(1JSOAX90tAA'XEON F. 7`a Rif!XCO/VeVG9ON F J VJOSEYW C4d(cate Has Cmmpeted a FOOT Approved Temporary Traffic Certificate. CeNkate: Has Competed a FOOT Approved Temporary Tra k Has Cmpeted a FOOT Approved Tcmpa'ary Traffic 606800 Comm!:Advanced cars< 606793 Control Advanced Corse 606798 coned Advanced Course. Issued 03%09/2023 Taming Fronde.. Issued'. 03/09a03 Tatung Powpder. Issued U3/0912023 Timing IsTontlet mo% We,Cars' AMrono.,Saf 'Comr/ t"^:®9 MANoF.S9Feycur4 6fpte8: 02.25;2027 T lam Epm. may/2027 7 x Espbe[ 02y2 2027 µ' rnG.vrtY lBab4lCkf.U Car&owed Palm eea.l Fl334,1 pad•3 JPexn 9ea:h F13911i 1� Dede,&owld,Patm Beach FL33M1 ~ .. Ph 354W3.10W ' IntIntd0CJ M MM1Ne IlhbDttati M na0 Fh-.4516e4 9CV «+wr G1,95a4D}19D0 ,J rta.Y.MderU at sww.mnladr..arr. . north Itt,Dei.,atwrwnwai:rst can Votity M ma Ce .ale t wmkmdadmin cot Awe. --.'m 1xfkF�Z,N5T9N Four.'; FDo --- .619ssnsA -- - Ar,mxAe810x Calffcae: Has Competed a FOOT Approved Temporary TrafficCalf"cCar/duce: Has Comp r rJ a FOL?Appr d Temporary Traffic Has Completed a FOOT Approved Temporary Traffic 606796 Control Advanced Co use 606801 comm.Advanced Come 606794 Control Advanced Coarse. hated 09i09a023 Trammg Provider: hktoF9r6r salt,;Cannot 1scoMd. 03;03/223 Trammg Prouder Issued 03/09/2022 Tracing Prossfer Eaptec 0225`2027 ,ttt t'l, a, Metr9fbida;)10/500ri Marc FbnOSfey Cosa. DarpmwetipahlWds Ft; Fxpee: 02'2L2027 '., Trbv ELK: 01/2S'?077 ThCo.n , bytrDda;J.at .. Pr:95143.1909 y'ltte CarSwwed.PaM Mw'Lf133K1 D'''' nlPedm Yee 1'':..:i habllLmrJ.M t.,.*i Ph 954603.i9p0 bmbUceTrJ M Pe 9564 15C: e^fy Ills Ceti.. �n.,aban cont. A„ Venl:'Jxs Cetfimte n wwo rmtw'mr won Volliths CxM teat aswemo'ad FOO FDOT) FDOTk) Si4 Wig-CRAWrue.1 -4' UM..tG9A 1 d$147TREWS - '- AftlaR S9xSf CetlTlt:at8: Has Carpeted a FOOT Approved Temporary Traffic Has Competed a FOOT Approved Temporary Traffic Cat/fra, Has Completed a FOOT Approved Temporary Traffic 606803 Control Advanced Course 606805 Conant Advanced Cane. 606802 Control.A0,anced Course . lesuerd. 0:09,2023 Trammg ROVlden Nuad 03/09/2023 Training Provider Issued: 03000,2023 Toeing Provider. Mean Hon.saMtS0Sta4 .M FOvlaSately Comet nletmFm'daSetery ComaP^¢iea. 0 02.25/2027 Thomas Epees: 021252027 0 T. ,ry Epias: D2r?i'2027 TrtCw/I Dade&ovaNPaDs Seed,FL•3-41 Cwh SumaMp.anrracit FL 35441 Oh 054aserdF3bneeeu•F13.,1A blgbraga;J.FA .T.:9Sa60?1900 h�3euCIq;J.M MtM Ph'.95a4CJ1WC (na611GYLy;l.e.1 ch:9516G3-1900 Vent,*SC&.tet;wow.m:4dnn.can. ve9h Ira Gould:et two.rmtaenin cm, Ytra)Ns C,Ittkttle Cm.mUhrdncon FDD`fU L/ FOOT'; Ttais Cenidies that UJS O.111 RSXF()OFV HERtdtJFOEL — N.C...Mewl a awrde Wry+an.•enl at Traw a..f wars. aPyrovem 00* ^ n Mor ay lrMaa a;enMwtilie;l aw.weeour+.. Cirti ' Has CoCo pouted a FOOT Approved Temporary Traffic DA.e.oeee.CI4}Jlp::a Cxttfwere m ogle 604221 Control Acarnsd Course. na.rraorvr.Mna»r a.oat..st XIOT PrM..wr m tap Issued 32/05/2022 Twang Pr lea: nvr- saaery Co vn.a ttttattttnt Men H%M9>eay Cand rh s1 ».UM, Sapmr 12r06'2026 r D T:i[umlti lra. Ton a l)+rn s; . mr.&cwrd➢dn Msrh F. a' 1lonnaeany^a 1nabUL'MF.tM .M Mt 95,50.:We /39a vw140.,1 MM rlaa y,..ncAe9«r tA* orgy sus fedi..t n^ww.mCUMnn.mm. 16811 .'., ' .. ........ .:an -<irrmsa 1: NE it P. Mate of 1 y`loriba 01 43epartnlent of 2QriGnititre anti Consumer ,,er81rr5 .6tirtitu at b.iconsing anti enforttrnent "1 i PEST CONTROL LICENSE i Al Number:JB33949 I I I3 ri VISLJALSCAPE,INC 17801 NW 137TH AVE.MIAMI,FL 33018 � 4 YF I �t no ra t>C;�+r/y rd,.r rL,i�r r.,,i;1.,.. .1.1— F .,<d 6y d S%.a•of;7�41 LA,r„a,,,..t/..4y.��L,,,«,f I, Ce.,.a,So.5:.,.w.a/rl 1 w.G.A .�,y 3, 2O24,.,pn 6 e Lry t,M. 1 +a7 . 11. j 114 y 2.!,:.,Jy:,a a 1723 V.n.rnx NkPA.1rc ` (.imttm'Rw tACd�imro ••'#...'>Sfit+o,ts"+€,..k k-`Ln'i�4''i�.;�.5,:�/PITY a �_.., _..,.....—._ �.�3 • SIAIE OP IIIJRIIIA S1 a I E OF FLORIDA I �', /Deparnnent at Flgn[unnre ato CIIH001e1'l art¢[5 atpartmtnt of 21grltultttrt(Db COnsnnitt *evDrt5 i Bt RIAI OF L tCENSIN[i AND[x D8CLW8i' B(ikEAU or LlC EJ6sING AND ENFORCEMENT ! 1 41 LE.AND1RO SEI ASTI tN LIE LIMA 1 DateFile Na Expires Y1St'Al,S(AF k INC August 9,2023 JF I490^4 August 3l,2024 I'i ID CARDHOLDER 41 IIIE ID CARD HOLDER NAMED HElOW HAS REGISTERED UNDER I 1 JE 149016 DIE PROVISIONS OF CEIAP"l ER 482 FOR THE PERIOD EXPIRING: Certified Operator August$I,2024 r;.I. I i .6S PAID EI3,rr1.RFig105I:D By clln1 t ER as2 FOR YI€L F°h'0.t07) FXP€RING S gu•a 31.2824 VISIJAt SC AF'E,INC I . { ..y,.4 '" MIAMI,II 31018 • �•+� "•✓ �': Certified Operator i W 1.sl\rria)N 6IahNUROSEBAS'FIANIIfil.1MA r I cr7+ttusstc+SPx xa,turr �'€SU.ALCCAPE.INC tf 1,1<It 1"7IOrr€�:P>dl:l�R!iF. 17801 NW 137TH AVE El MIAMI,R. 330I8 ! Vlavlc,Cair F<,10 Ik e *MIBUREAU OF[I€F N:ONO iteNNORCESIENT { 74.:.F3.1A21}ACtiObxNtNL,FR_OBLU+'D I l)2I5ri3.-bl fi5iuu ION StSIPSON IOV N;0iNIF :j AFT„-pry"'3�13..14WAfldt`1.,1°$s1Ss1'iDIS.. \SS42Lfln,.-�_a}_IT}J!r '1: yr•L uin ..,...r r , m�xxtq R < *:. lL.l_L1-l4,_�I.L�4.__-: 11_..A I ...Z , _.... L ... f STATE OF FLORIDA STATE OF FLORIDA E; • • rp,Tl'ttntitt of 2lgrI(Ill[utF anti�01151111if1' CCUIrtS Dep4rtltlrtlt of '-{Q['i[II1tl€rt ltlti€aIFStlmrr ?''v'rtbl[r9 1� • BUREAU OF LICENSING AND ENFORCEMENT )' BUREAU OF LICENSING AND ENFORCEMENT F Dam File No. Espucs Date File No Expires ��;; 4Y July 21.2023 JF321396 June 1.2024 I 4 February 18,2022 LF213163 February 14,2026 ; 11 THE CERTIFIED PEST CONTROL OPERATOR NAMED BELOW HAS . THE LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER It REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF PERIOD EXPIRING:June 1,2024 CHAPTER 482 FOR THE PERIOD EXPIRING:February 14,2026 31 ' ,4' A Leon and Orunmeutal w,IVAN C.VILA' I i LEANDRO SEBASTIAN DE LIMA 3810 MAX PLACE APT 01103 1'801 NW 13'TH AVE ID'!. it BOVNTON BEACH,FL 33436 MLAMI.FL 33018 IC' 1 ! WILTONSIMPSON.CCM12ILSSIONER `' NICOLE"NIKKO ERIE � D.COMMISSIONER 3I ' ' -_.,,,. _ nay a 44M4\o /Tylki .,....... it.�\a1 q\tl'f///,! i l\\\'I///il�i,.n11lt\\ Tr • ... ... ..... ,. .. _....... ....._ .�........... 16811 •°P_•(f`e!\.,_ T...w.././}...•._..•tiw,/a,i.,..aure..!u,1411:1 LbaJ• ,..L#/h....r..••?• STATE OF FLORIDA illepartitieltf of agriculture ant) (onlutlltr jtth trt3 BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires t January 24,2023 JB182032 ['member 31,2023 1 THE PEST CONTROL COMPANY FIRM NAMED BELOW HAS I REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THF. i" PERIOD EXPIRING:December 31,2023 AT 1 13351 SW 256 ST PRINCETON,FL 33032 l MARTINEZ SPRAY SERVICE t.aw'n and Ornamentvl PO BOX 924227 PRINC:ETON,FL 33032 t WILTON SIMPSON,COMMISSIONER �t{ .. ..... .. ,n'•' '' —'•1,WSTYY'-`, J»m.47'°4.TR ,.uee wKKPih ,' .v,A.tt£i I i t,°, +,..v F. a � 6 E�il'+.et:ntl t et gTutt11.1,u ela : e. ttt"Rt--Alt 01&If t'.41!v,:..'gets;"••: axs rttla . L. ; er, I { tlitPE.Ilco Ikr1ftliAtAukid mi �*ilAt tk lti U4i1iht It. ad . _ , _. . 1 3I+:•i *.:Drk"1 TII Iit r Sfas, (-)tf Kli....t It f, C'tt`Tht, ' I'I7cicet7AlIRIIsii,„ItevI_21124 . s . 1 Af444Y t.,,4,•k% nn 3IC tAL-`.iI'1..1>,.t...s.}0}7 3 :3-sxL to, rA.rnt�3�4Rfl.�stun'bVc Ni(10..ts,t a ,4Xt.r_»ratatL (44 ',ree/.1.5w>wE its."trrt 1 1355,5;4. ,4,4 tift'SM b4 L"'?'FfJn311).7.,,4.4'4Wrif t11Z I STATE OF FLORIDA itIli1rt3Rrut n( `:IgricuttItrr anti ICOB§uttirr �)rrtntrs 1 0' BUREAU OF LICENSING.AND EM ORCE<11ENT I s Date File No. Expires . \lay',2024 LF3318I{ May',20 8 THE LTD CO'lLIfERCLAL FERTILIZER APPLICATOR HOLDER t. NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF 1 CHAPTER 48'FOR THE PERIOD EXXPIRLNG:May 7,2028 "1 b EC'CLESL'.SINORELIEN : 17S6111\G 137TH AI.''E E `.IIAMI,FL 33018 { '.VLIO'.:SP.1PSON Co'.3\IISSIONER sl t F xn WI/]6,aRT{ri[.\ICVJIJlt' R\yi177lIIS"r'!'L+aii\Vi7llI.gT7tG.1.\11VU7i 16811 it ..... ... .,. ..... P." OF FLORIDA �w//!r\\l\tau•T <dr!!.A\\\>H ♦ �lrrns\\:•� ///niy,w•TT STATE N Departin cut of agriculture anti Consumer erbices } STATE OF FLORIDA I„ BUREAU OF LICENSING AND ENFORCEMENT - a partlnent of agrindture anti Consuuter lerbice5 r BUREAU OF LICENSING AND ENFORCEMENT ?I Date File No. Expires. -� 4 August 15,2020 LF248579 August 4,2024 iL Date File No. Expires i Y 4E Julie 14,2022 LF217909 March 30,2026 jy THE LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER i NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF r THE LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER I 0 CHAPTER 482 FOR THE PERIOD EXPIRING:August 4,2024 NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF ice; . CHAPTER 4S2 FOR THE PERIOD EXPIRING:March 30,2026 E ;4 14 A', 5 \V ISILFRID MILIEN ?: E C-Sol N, '.TH AVE '1 ADRIAN RIVER° : MIAMI,FL 33018 ,E 1'80I N R'13"AVE 4 :4 MAMI.FL 33018 a0 g " (i', n I Cit t a f'i I Cx) • ) NICfOLE'NIKK7' ED.CONL4IISSIONER -11 NICOLE'MELt"F ED.COMMISSIONER P1 t, 3 i , Jlr.\\\ti - /////'1\aftit' _.e4gl ts0n,O a 'e.,l r.\1\t- -T '.N//_c4.1,ti t 4 STATE OF FLORIDA Department of agriculture aub Constitute *Mites " ,,. .4. � F �� YTnin 3 t nrwi� l is i BUREAU OF LICENSING AND ENFORCEMENT STATE OF FLORIDA Date File No. Expires • Department of agriculture t0llh COn5UIller ,9 er1LIE8 '• > 4 August 15,2020 LF248583 August 4,2024 BUREAU OF LICENSING AND ENFORCEMENT THE LTD CO MERCIA FERTILIZER APPLICATOR HOLDER Dtae File No. Expires NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF 1 ! June 14,2022 LF2179to March 30,2026 3 CHAPTER 482 FOR THE PERIOD EXPIRING:August 4,2024 THE LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF ' CHAPTER 482 FOR THE PERIOD EXPIRING:March 30,2026 0.1 i 1 • OSNEL MATHURIN I • • 13980 N'.V 117TH AVE [ MIAMI.FL 33018 I '' RODOLFO HERNANDEZ y i _ I'Sot N W 137TH AVE '> E I • SILANU.FL 33018 pt 4. • ' NICOLE"NIKF:I"FRIED.CO'..DII85IONTR fl 12• • ICF NIC OLE"NIK 'F D.COMMISSIONER 5 it�:,y[cysJ_[if1T"3ntcy. ' i .. _tee-..e. ,._ ....,.._ t STATE OF FLORIDA • 1 STATE OF FLORIDA IDtpnrtmgnl of agriculture not Consumer gttrwces 8 Ipatttneltt of amrnutturt 1111)1Eon,attttt Eet11t405 UO/WAV OE LICENSING AND ICNL'O1tCEN113Nr I': ., BUREAU OF LIC-ENSLNG AND ENFORCENIENT April 3,2022 Date File No. Pxpites ; Date File No. Expires j' 4, August 19,2020 LF301283 August 1S,2024 r May 4,2018 I,F2I8tIRti %3. "[}I$LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER a THE LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER I ' NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF ,,. NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF - LN) CHAPTER 482 FOR THE PERIOD EXPIRING August 15,2024 ', CHAPTER 482 FOR THE PERIOD EXPIRING:April 3,2022 • ^, • • i� ADRIAN A.RIVER°TR. AOCP.NCIO PRANCO MENDOZA 1066 Nu'I6THST • 1. HOMESTEAD,FL 33030 r a W ts3gonw17lavl:MIAMI.PI.'33018 r1 I- Q /n/ ...f 4t,i • Y I i? � • NICOLE"\RKKI"F IED COMMRSSIONEP- .4DAM it.Ott'INNA'A]1,Y�t.•V�'fMMt1StONF:.k t, 1 y't47f:44 ar»vrm t'w'r1 —.rP7 .....A.. m._..«__.».._.-_..«..»..».....,.. .. ...."»...�,. .««...._...»_.,..m.>e........... «..,,.......e...,.,.....v.1 1 68 11 BR ' A RD 4. F o °..R I D A TREE TRitvirVIER LICENcE I11,. : A- 1agn EXPIRI S: 08/31/2023 ti"ISI',1.I.S('API: INC. 17801 NW 137 AVE IvIIAMI,FL,33018 TRAINED FMP1,QYI:E. IVAN C.VII.A a. 4 ' WAR ' D R RD ,,,, ;, FLORIDA : . , . 4. :. FLO R i A Certificate of Completion '';t . CERTIFICATE OF COMPLETION ADVANCED TREE TRIMMING Advariicea TREE TRIMMING 3 Adrian Rivera $ k 7, ix,.., Adrian Rivera this successfully completed the Veining conducted by c/F/IFAS Rrowam County Cenenerne,kbrlieelture Agent Extension Mice( has successfully completed the'mining conducted by UF,IFAS 6towarc County. -.:). Extension (http.7/sfyl i'as afl.edulbrowafd/commeivai-harticultute-program'i) Class Date:May 12,2022 Expires:July i,2023 Class Date:February 18,2021 Expires:February 18,2023 7F6 w E.. ,F:iv IS A TRr i'JiNG CERTIFICATE—NOT A LICENSE. THIS CARO IS ra i Rt:ira0Nt3 CERTIriCATE.NOT A LICENSE R BBR WARD . . R€ R',,„, VAD . FLO .,, .. -, R I D Certificate of Completion CERTIFICATE OF COMPLETION ; 1C TREE TRIMMING ,vci s :Esa TREE TRIMMING Wilfrid Millen ecatl"' John McAllister c mmercw ttulouIwe A has successfully compieten Me rnn one tneo by J a A :Duns Extensla+t ofhee i as successfully completed the training conducted by UFIIFAS&award County ._ ___.. ..«. ..__`:.._ ..... .... Extension (http Estyt ifan ufI wiulbrowardlcommercralMoriculture pro4ram4) ,t. Expires:February 18,2023 Class Date:June 28,2022 Exp.Date December 14 2023 Class Date:February 18,2021 THIS CARtt SS A TRAINING CERTIHH„ATE.NOT A LICENSE 9 CAR CARG S A TRAINING GE id 1, y NOT A LiCENSE. 16B11 " BR".:(:-,WA?„D BR WARD i s .( jr��l IIIIIMil MEtmay . t Certificate of Completion Certificate of Completion BASIC TREE TRIMMING BASIC TREE TRIMMING r Victor Perez ta. �,w. Luis Gaxiola ?la',successfully completed the If wrong conducted by U%PEAS County has successfully completed the framing conducted try liFt/fEt.tS County Extension office{ Extensfon office(..^ . , ::.. Class Date:June 28,2022 Exp.Date:December 14,2023 Class Date:June 28,2022 Exp.Date:December 14,2023 THISCARD IS A TRAINING CERTIFICATE-NOT A LICENSE, i ri s CARD IS A TRAINING CERTIFICATE NOT A L'sC ",, E. \BARD BR WARD y a - -ft `) '' Certificate of Completion n CERTIFICATE OF COMPLETION BASIC TREE TRIMMING BASIC TREE TRIMMING , � Jean Gerson Joseph Commmpal ncnkuture Agent Luis SOsa has successfully completed the training conducted by UFIFAS County has successfully competed the training conducted by Broward F Ren�1On oP ce{ �� I County Extension Education(broward.org/ParksrExtension). Feb.7,2021 ID# t 16254 Oasa fat. Feb.7.2019 Up oe,r Class Date:June 28,2022 Exp.Date:December 14,2023 Till"S CARD IS A TRAINING CERTIFICATE-NOT A LICENSE. B WARD BRt WARD c.CYU Ri TY (1.114‘) aggiggiogaima, FLORIDA Certificate of Completion - Certificate of Completion f BASIC TREE TRIMMING BASIC TREE TRIMMING ; „ has sucressfuiiv eor^�plet 1 - ' f i f t Santos Osorto Alexis Concepcion r0 has suon sfull ! rd the.ra nrng conducted oy�f/fA5 Bro+nrd:�ounty has successfully completed the t•nmg conducted by tJf di AC 'rowa•d vaunt( Extension offce l Exp.Date:December 14,2023 Class Date:October 10,2022 Expires:July 1,2023 Class Date:June 28,2022 ,.i:TN I`__ TiilS- P,_€SATRAiN1NG CERTIFICATE 'at7TA LICENSE THIS CARD IS A TPAt-aIPJG CERTtE 1C Tt ..... " F O I ." A'' F L O R t D lL: Certificate of Completion Certificate of Completion BASIC TREE TRIMMING E�' B SIt;TREE TRIMMING is ..tp.,v ,r,; , rri < Edgar Ambroeio l rs- h Juan Orellana 1 n,r,J ....t,:- Pr c..rarc.f.onnty has successfully comdetetl the barn rg ontlucted by Jr-PEAS[3rvw+M('aunty has successfully completed the tral Extens on office{ ',,,,.+r , (dension office( .. airs:::) Class Date:October 10,2022 Expires:July 1,2023 Class Date:October 10,2022 Expires:July 1,2023 THIS CARD IS A TRAINING CERTIFICATE-- IT A I CE1•iSE THIS CARD IS A TRAINING CERTIFICATE-NO: - CEN __,... ... 11111 CA 16B11 r a fi FNGLA, 1111, ` II .x !FNGLA.w CERTIFIED PROFESSIONAL i F SIONAL i� MAINIENANCE CERTIFED PROFESSIONAL MAINTENANCE The Florida Nursery,Growers&Landscape Association The Florida Nursery,Growers&Landscape Association f Confers on Confess on Ivan Vila i Victor Perez M9357132 , M9348103 ? The Title of A € The Title of FNGLA Certified Landscape Maintenance Technician(FCLMT) FNGLA Certified Landscape Maintenance Technician(FCLMT) ExoaWfDam:12/31/202S 7 W .. '� „. Certl0ed Since./0/28/2022 v 'TT,, _ EsproCon Wtu:Il/31/'2U!) / {, �... .. ..... .. ° Cee0<C Snce.10,28/2022 rN-f. " w.m+n PCL ae>taxa n,n w++,'S . __... ............ .. ... v...rww>rwwx Si Exae,r .ur«, u�.i. 04 �.w., _.. Pea:�«xx �< ,.,,. a _ ,._._..v..,,....,.._.......__.,y,. ,,,,,, ..,— .... ...,,, r FNGLAm �:tFNGLA. g CERTIFIED PROFESSIONAL R P--MAINTENANCE CERTIFIED PROFESSIONAL I, MAINTENANCE The Florida Nursery,Growers&Landscape Association Confers on 1 The Florida Nursery,Growers&Landscape Association & Confers on I John McAllister Luis Gaxiola - M9357128 1V19357173 The Title of FNGLA Certified Landscape Maintenance Technician(FCLMT) 1 A the Title of e% FNGLA Certified Landscape Maintenance Technician(FCLMT) ; Expliattun Dale:12/31/2025 7 C.IIAt So,.c:l0/28/20t2 N Exp.,.Dee.12n1/20254,,p,-,q--- .k ' +Sr+\MOIA hslase !vry Mt Na3 avow Certified Sma 1 OnB 2022 ' In,[nM.FIY.0 AaWMx Mwn Mm[.fNl2 nnXknthnpnemx 'lc P FNGLA, fi FNGLA, CERTIFIED PAOFESSIONAI CERTIFIED PROFESSIONAL MAINTENANCE .MAINTENANCE The Florida Nursery,Growers&Landscape Association The Florida Nursery,Growers&Landscape Association Confers on q Confers on Alexis Concepcion Wilfred Milieu M9357129 M9357133 The Title of The Title of FNGLA Certified Landscape Maintenance Technician(FCLMT) t FNGLA Certified Landscape Maintenance Technician(FCLMT) ' . Lp Con ChM'12/313N25 4.L 7''..._ .... nit. 1, Epaeor Date 12o1n02S man.w i.— .wn roa"'V\ , e<rtm+ue 10/28/022 [eaglet,$n<lw28/202z [swl xa or r�.yiyc� 3'. a ..; 1,, 68_,* 1 1 FNGLA. ,.. FNGLA, CERTIFIED PROFESSIONAL 1.0 MAINIENANCF .. CERTIFIED PROFESSIONAL I . , I MAINTENANCE The Florida Nursery,Growers&Landscape Association '• The Florida Nursery,Growers&Landscape Association Confers on . . ; Confers on ,.i Marco Mendez A\...- 44 ',, '., , Luis Sosa M9357126 M9348102 The Title of ! The ride of I FNGLA Certified Landscape Maintenance Technician(FCLMT) : FNGLA Certified Landscape Maintenance Technician(FCLMT) (-•P csit—e. 1 „ Lapration DM 1031/.1025 u...D.,'1\4i'" r.‘1....No.1,030.1 M.,Noll.F. .....O... NGLA FNGLA. .,. .... ,.,,„„7: t E C RTIFIED PROFESSIONAL CERTIFIED PROCESSIONAL NIP I ,MAINTENANCE I MAINICNANCF. The Florida Nursery,Growers&Landscape Association ' ii.;;I, The Florida Nursery,Growers&Landscape Association Confers on Confers on : Jean Gerson Joseph Samuel Waterman M9357142 ' M9357134 1 i The 7/tie of The Title of FNGLA Certified Landscape Maintenance Technician(FCLMT) `! 1 FNGLA Certified Landscape Maintenance Technician(FCLMT) EerWied Since 11/1//202.1 '''1 C'''''rt",grat5 (-r9q---- il ,.., .„. r)71:4 L . . --I ff,' 1 ' ...i 4i ,,...,.4.4.E. P FNGLA. I , --.41,-.'-'FNGLA., ,„.„ CERTIFIED PROFESSIONAL ill CERTIFIED PNOPETiNNENC Ir ',ANTI-NANCY I,MAINTINANCS , The Florida Nursery,Growers&Landscape Association . The Florida Nursery,Growers&Landscape Association ' Confers on ' Confers on Resias Polycarpe Max Gutierrez M9357141 , M9357131 ki The 77tle of The Title of FNGLA Certified Landscape Maintenance Technician(FCLMT) . FNGLA Certified Landscape Maintenance Technician(FCLMT) • ,",'' tqlraton D.Ite in,pop, 4-1' ---- 4, f e tm,1 Sfr4e 11,11/2022 :x, -,114 J r FNGLA. ((IT III The Florida Nursery,Growers&Landscape Association Frantz Justin M9357130 The tale of FNGLA Certified Landscape Maintenance Technician(FCLMT) XVii'r ...F.,., • 16B11 rt .a .+, ..„: . „*. ,..: ,,, , , ,,: „, ,�Brian River() - ACe his Concepcion Y M .mrk �Ix f :m lm e N I:nndsc Ypr Inspectors Association f Plotide landacxpc Inspectors Association of l k nda `gyp Landscape Inspector I Landscape Inspector �' ' i f�.K I.� iaxn MlF..L 11 JL .1.. 1 Ul. fi (Tu • Yi A ( .3 Leandro De Lima 'o;> Luis g"axiofi I t . b: tt' a -.::i < to a ,NW''.�9 : r ' Landscape Inspectors Association of Florida _ M Landscape Inspectors Association of Florida •' x'aD miler w+�rslm..stnn^fb�.0 *'. ��.7ea...i'.s J'.. .1. r *1 ..yPo.un µnlpY. Landscape Inspector Laa I ��ap'Lga� • Fwk �: lv.''r+MYlm4b I Im by er 1^^'"y lio la day orMry.1.0.1 QUALIFIED STORNIWW1 TER AIAN AGEMIENT INSPECTOR The undersigned hereby acknowledges that Juan Solis has successfully met all requirements necessary to be fully qualified through the Florida Department of Environmental Protection Stornrwater Erosion and Serf€mentation Control Inspector Training Program O4/2912024 99M ) tti) e. Inspector Number 55625 (4-#D\-.0--1, - ( Jared Searcy Moira Honiann Statewide Training W aRP Program Coordinator Administrator t 1 6B 1 1 (DSHA OSHA 600338869 lehbor xnuv,,20.9eS Sate,,a,xt AOrnAgiTalol 3() '8'0'jtt tOli P:u)fr:ItisatelLe'fn(ty R°d°11° Ilern4nde - . , . Adrian Rivel%) - C.OnStrUet.041S6,f2,04 , Richard_I— , • .;;•,z OSIIA 20-9005t=36470 OSHA 20-900566464 wo6 nr.nt loam It.....411.1.>.PARra us*kb<stvalyarit tow ga.tcestult,,orrvole.1 ur 30-hour General Industry Safety and health 30-ho General Industry Safety and Health iswod uol Ivan Vila Leandro De Lima 4/11,2024 Edward Yawner 0'24 Edward Vedder 4/11/2 Na1)atead ratrime aat issor4 20-900566465 20-900566466 ',elm ..6.0161.0.1W gha beNow.06..1*...0410,4 Tha..eal ,tha the r..p.ent ,mrelowi 3 30-hour General Industry Safety and Health 0-hour General Industry Safety and Health Thr,,,,atd moJ ThA c.vd asa.,t John McAllister William Matthews Edvr4td Yaarior 4/11/2024 EdAtaid YaU net 4)11 F202 4 - Traincr Name iisuod TAirra NAter t>Ste 1 68 11 Form Request for Taxpayer Give form to the (Rev.March 2024) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Go to www.irs.gov/FormW9 for instructions and the latest information. Internal Revenue Service Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below. 1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2.) VisualScape Inc. 2 Business name/disregarded entity name,if different from above. M 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to conly one of the following seven boxes. certain entities,not individuals; a see instructions on page 3): o ❑ Individual/sole proprietor ElC corporation E S corporation ❑ Partnership ❑ Trust/estate • y ❑ LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) . . . Exempt payee code(if any) a o Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o 2 box for the tax classification of its owner. Compliance Act(FATCA)reporting L = ❑ Other(see instructions) code(if any) a 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, (Applies to accounts maintained and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check Q. this box if you have any foreign partners,owners,or beneficiaries.See instructions ❑ outside the United States.) a) 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional) 17801 NW 137 Avenue 6 City,state,and ZIP code Miami, FL 33018 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a — — resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or TIN,later. Employer identification number Note:If the account is in more than one name,see the instructions for line 1.See also What Name and Number To Give the Requester for guidelines on whose number to enter. 4 5 — 2 5 9 9 4 0 2 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of �,�,,i'� 04/17/2024 Here u.s.person , Date General Instructions New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This change is intended to provide a flow-through entity with information Future developments.For the latest information about developments related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Partnership Instructions for Schedules K-2 and K-3(Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it An individual or entity(Form W-9 requester)who is required to file an should check the"LLC"box and enter its appropriate tax classification. information return with the IRS is giving you this form because they Cat.No.10231X Form W-9(Rev.3-2024) 16B11 About FsuaLScape VisualScape is a locally owned, full- 4 ilk service landscape team of seasoned green industry experts with over 30+years of Y °-` experience in Landscape Maintenance, It; Landscape Installation, Design,Arbor * care, Tree trimming, Irrigation, Horticultural services, and Pest Control Services. VisualScape, Inc. proactive, customer-driven business model provides customers with a stress-free experience and guarantees that its client's grounds will look impeccable. VisualScape was founded on June 21, 2011, by Mr. Ivan C.Vila, President. Mr. Vila is a well-rounded business professional with over 20 years of green industry experience and a proven track record of implementing customer service initiatives and quality control measures in two nationally acclaimed industry companies servicing the South Florida,tri-county area. The key members of our team have worked together for over 20 years and have over 30 years of experience in the green industry. We use an innovative model to manage our customer relations (CRM) - unheard of in Florida's landscape industry, but successfully used in other states. The Client Relations Model provides a single point of contact for our client, facilitating proactive communication to ensure efficient, valuable service delivery. Your CRM representative will make sure your needs are taken care of, bring to your attention preventive measures and efficient/effective solutions to keep your landscape healthy. Our main goal is to free you from managing your landscaping while keeping your gardens looking great! We have combined our extensive years of experience installing and maintaining landscapes with a customer-driven business model to guarantee not only that your grounds are going to look impeccable but that you will have one less thing to worry about. We take pride and ownership at every property that we service, and always consider the customer first in every decision we make.We are confident in our ability to meet and exceed your expectations. We are committed to complete customer satisfaction and providing you with the highest quality landscape management services. "Our family of green industry professionals create partnerships with our customers by providing beautiful landscape solutions." 16811 Quality A ssurance Plan VisualScape Inc. realized that in order to provide a quality service it must rely on It's employees at all levels to be trained in their specific area of responsibility and to be able to complete their assigned tasks utilizing proven industry practices. VisualScape provides ongoing training and education in order to provide the essential skills&knowledge to deliver the landscape and horticultural services required by our clients. Our focus and attention to detail will ensure we are delivering the highest level of service possible at all times.You will therefore see quality inspections, comprehensive crew training, a detailed process to support this training, focused attention from a Client Relations Manager, and our encouragement of greater participation from you to ensure that the detail consistently meets your expectations. � � i '4,- "r fA„,..1r"., ,' ' :i „,,i, ' '''' ' $ c - �'Al; "" . a' tom %1:17-- lit, - . ' ., ; t :'''**4:1,,S: .. ' .„1.0.‘ ' �- :i*t." " c x. pp . 16B11 QUALITY MANAGEMENT& ORGANIZATION VisualScape Inc. has a qualified team with more than 30 years of industry experience to service their customer base in all their Landscape needs.This team is trained in identifying and correcting deficiencies in properties through quality control measures. Our company quality management conforms to the following organizational structure: 41 VisualScape yy P.r.N..kN [W.u.�•1wYi�iWN ,.... . µ _ 44' V M !t , ; t I Y + Iw 1.2ww . kt mI,,... Mak {i<r,, t 641Vit .16 ,ax 4 ....,,. a Mtaxw,.. k iu ,n, tM ft w....1 "'arut.M fw i, NYpW mik. I. !.4. 1. P" J 11;170N M AbYw./.... 1 wi t m ',ty,r W.[:1 ,) ,,,,,, ft.... ...... . ......u ,� .wµ 01,,t6 1 akww�sM .,,. .. P',iv u�i u t4 :rrra a.<wme ...>... ,+emu. -m.e.. F+ I i iHr'r.wa...atM1Y� / ( `xw' a.."''.. ,q.,.A.w A.4w. 4.�i. ptie. A »iw w..a.. pa } W r nay t.� Wr+, r. x E,left. .pt t A, ,. y..rn p t.. t e.e..� y o InIV i+Peet tM.r.un p.... 4".kt. ...' ur .,r ....... j€e a p•5 M ANN M t Ir. M *1 . ,,,(r. r 4 Y ..pr,M w.wNMMA ,,l O!t...... 1 .4.YoirYMY M,Yt /K•t t 3 .YA.m.o a .r.y.,, to M.Por. t .� r. F , ..re 1 M1 Y. 0. f Nt k p. a u..wbit is •• iwn.t'ir . ..wu. tit ,3A... UrM.t }p M.P. t .a...w.a.r P SIM*.tr"tO. ,.. t 5 MtreY9w W r raM�M. t,* e tM .w , wq. MvL IC i ankdeM.A d, M .. MjttW1Y . ..«<.,..... I tbAr. 1 • lsw MY.J. 1.N •t •.J 16811 QUALITY ASSURANCE PROCESSES Site Evaluations: Site evaluations are conducted monthly, at a minimum. It can be arranged more frequently if requested by the client.We ask that a client representative is available to accompany our Site Manager or Client Relations Manager during the site evaluation process. The site evaluation will focus on and identify the following: • Review scope of work vs. performed work: identify any areas needing attention. • Site Cleanliness: ensuring site is clean and free of landscape debris and litter. • Risk Management: identifying&correcting any safety violations or hazards. • Damages or repairs: identifying areas that may have been damaged due to our scope of work and repairing such damages. • Crew training: conduct training with crew on identified areas during inspection needing reinforcement, such as pruning, debris pick-up, proper mower operation, and job site safety. #.: CRM (Customer Relations Manager) Model: The CRM model's main objective is to provide clear and proactive ,131 communication to our customers in order to enhance • �` t customer satisfaction.The CRM model takes what is 4.;:. known as the"Account Manager" role and splits it in two: CRM (responsible for customer communication and development), and PM -production manager- (responsible for production). Here is what this means to our customers: • One point of contact for all your landscape needs • Clear and pro-active communication • Quick response time • Minimize the time clients have to spend on managing the landscape • Provide landscape budgets and solutions • Monthly evaluations from both the CRM and PM provides accountability and improved quality Employee Orientation: VisualScape's orientation is the introduction of employees to their jobs, co-workers and the organization by providing them with information regarding such items as quality service and safety standards, policies, procedures, company mission, goals, and culture. It is absolutely necessary for the new employee to know that he/she will be entering a company where the health and safety of the employees are of primary importance, that complying with and ensuring compliance with safety measures and procedures 16811 is of extreme value, and that compliance with this duty can be rewarded,whereas noncompliance can result in disciplinary actions that can include dismissal. During this orientation we make it clear that the booklet they receive, the Workplace Safety Program, contains all the regulations in condensed form that will help them behave in a manner that will prevent accidents and problems while working; therefore, it is reviewed carefully. Employee Performance Evaluations&Incentives: Our Company conducts yearly employee evaluations. Performance is measured and rewarded based on key competencies including safety, quality, customer service, and job performance. Incentives such as merit bonuses and/or barbeques for top production crews are given every month. On the Job Training: We encourage our employees to seek certifications and explore external resources for business related training and education. In many cases,the Company will pay for or reimburse the registration,tuition fee and or related expenses for approved seminars,workshops, and short courses conducted by recognized landscape and related trade associations. In addition to that the Company provides internal training, for which we offer a wide variety of technical and non-technical courses in-house.We identify the needed courses through our site evaluations, customer feedback, performance evaluations and needs assessments.The training is conducted by our management team or resources such as vendors and suppliers that provide the latest trend and technology in the most commonly used industry equipment&products. Safety Tool Box Meetings: Meetings held once a week at VisualScape yard. It is mandatory for all employees to attend. Topics are chosen from our library of 52 safety topics or the Workplace Safety Program. Quarterly Safety Committee Meetings:A safety committee has been established to recommend improvements to our workplace safety program, and to identify corrective measures needed to eliminate or control recognized safety and health hazards. _dam � -it1:i �;. 0 ' .rug ' V m 1 .-« :.. d fi 16811 The safety committee shall determine the schedule for evaluating the effectiveness of control measures used to protect employees from safety and health hazards in the workplace. The safety committee will be responsible for assisting management in the following functions: • Reviewing workplace safety rules • Evaluating employee accident and illness prevention programs • Providing and monitoring workplace safety education and training • Review status of accidents occurred • Safety supplies request&inventory The safety program will be updated by evaluating employee accident injury records, establishing trends and patterns, and formulating corrective measures to prevent recurrence. Safety committee members will participate in safety training and monitor workplace safety education and training to ensure that the safety program is being followed and pert information is being inent documented. Meetings are held quarterly. m k nx a Yam'S f' �qlfk4w.. , ` "`w.: fir, , '"' .0,1 . 1 ... _ ,,,,, , , ,-:,, ,,,,-, . ---.! . ., , ..,..,....., ..„, stilt , ,. . , ,, ,,........, 1 lel1 1 , i ,, - ..., ...„,,,, i x 1 t ° \ a e gym, a� it ��T # Ate_ 16811 Emerge ney Plan In the event of a catastrophic emergency, equipment including trucks, loaders, woodchippers, hand tools,trucks,trailers, and all necessary equipment to perform job operations are available at the client's request. Emergency routes will be provided by supervisors and managers. VisualScape participates and fully understands the disaster response plan inl the cities and all adjoining cities within our service area and follows their guidelines. Emergency grids will be set up for employees working during an emergency. VisualScape maintains an active pre-disaster plan in addition to a post-disaster plan, which includes five means of communication. Communication plans among management includes: cell phone, mobile radio, PDA, email, and smart phones. No employee will be left working alone; team action will be implemented.All communication/ IT equipment wi be forwarded to mobile devices to keep open lines of communication with clientlls, employees, and vendors. Crew members will report to an assigned supervisor,who will take visual head counts based on current employee rosters. All Managers are trained in basic first aid and safety procedures. Emergencies can/will be reported by any employee who witnesses it.All crews have radios in which to communicate. For catastrophic response events, "Typical Emergency Crew" consists of a four-man crew, dump truck, dump trailer, and all necessary saws and hand tools. Loader, skid steer, and woodchipper can also be provided as needed. Emergency crew is billed separately from contract revenues at a per our rate. Local Emergency Call List: Ivan C.Vila (President/ CRM) 786.859.1331 Juan C.Vila (Director of Operations) 786.288.9393 Adrian Rivero (Operations Manager) 786.367.4686 Jose M. Quintero (Administrative) 305.362.2404 Karina Perez (Administrative) 305.362.2404 Victor Perez (CRM) 786-236-3148 Fr l' i t, 1 Os 1,14,- •c. :tri i ,, V ; j ia,,, -,, 1! *" , -q, If, _m.. f r-- ,I r ., p si 16811 REFERENCES: Project Name/Geographical Overall Start/ Project Contact Info: Phone and Location/Scope of Work Size End Date Cost Email Landscape 60 Acres 06/2013 - $424,720/ Alfredo Quintero 041E Maintenance 06/2024 Year 305-234-4262 '' ` Services(Right-of- Aquintero@cutlerbay-fl.gov Ways) RFP#13-02 and RFP# 19-04 Services include: Turf mowing,trash pick-up, shrub and groundcover trimming,tree and palm pruning/trimming, fertilization ofplant material and sod areas, mulching, pest and disease inspection and treatment, and water truck services co.,oarna,a.r,, Maintenance 50 Acres 09/2012- $278,000/ Vicente Rodriguez =ir` Contract Present Year 305-687-2620 rr,oRIDA #2011/2012-3210- Vrodriguez@hialeahfl.gov 12-010 Section 3 and Section 4 and Cultural Park: Services provided include: Turf mowing, trash pick-up, shrub and groundcover trimming,tree and palm pruning/trimming, fertilization of plant material and sod areas,mulching, pest/disease inspection and treatment, and water truck services. Grounds 90 Acres 05/2016- $1,648,988 Tony Lamazares 1 C1146'' Maintenance of 04/2026 5 Years Park Superintendent '' Parks and Village of Pinecrest 1�to1:c 1r1utommuneriezeo Recreational 305-234-2110 Areas#2016-005: Services tamazares@pinecrest-fl.gov include: Turf mowing,trash pick- up, shrub and groundcover Charles (Rick) Carr trimming,tree and palm Public Works Foreman pruning/trimming, fertilization of Village of Pinecrest plant material and sod areas, 305-669-6916 mulching, pest and disease ccarr@pinecrest-fl.gov inspection and treatment, and water truck services, irrigation repairs and modifications, landscape installation. 16B11 J P ,C ackson 34 Acres 07/2017- $316,145 Michael Hughes P a H�"N orth, Present 305-585-7270 W, rRusr HEALTH SYSTEM South & Michael.hughes@jhsmiami.org Various Facilities: Services include: Turfmowing, daily trash pick-up, shrub and groundcover trimming,tree and palm pruning/trimming, fertilization of all plant material and sod, mulching, pest anddisease inspection. FDDinLandscape 190 Acres 03/2018- $395,000/ Andrew Seibel Maintenance on (Approx.) 12/2024 Year 305-964-4864 Florida's 8 Sites Andrew.Seibel@dot.state.fl.us Turnpike system in Zone 1- On this performance-based contract we provide management, inspection, and performance of maintenance on six turnpike sites (Landscape &wildflower assets w/in the Department's Right-of- Way) p III Miami Dade 250 Acres 01/2014- $950.000 Debra Charles M;1 Aviation Dpt: 3 Sites 06/2017 305-876-7380 Services provided include: Turf DCharles@miami-airport.com mowing, daily trash pick-up, shrub and groundcover trimming, tree and palm pruning/trimming, fertilization of all plant material and sod areas, mulching, pest and disease inspection and treatment, and water truck services. 3 Groups. Group#1 Miami International Airport, Group#4 Opa Locka Executive Airport and Group#5 Tamiami Executive Airport 1 68 11 Department of 25 Acres November $114,359 Michael Jester Interior Everglades 2017 - 305-242-7771 National Park Present Michael jester@nps.gov Services: Maintenance and Annual Tree Trimming Services. Scope of Work: Tree trimming, pruning, lifting and shaping trees, Tree removal, Removal of deadwood and vines around trees, tree chipping and haul away, stump grinding, and application of herbicide to tree stumps. 73 Acres 01/2018- $1.2 Million Jaime Alfayate BROWARD NEA LT H 12/2023 Regional Facility Manager Landscaping Maintenance Services Office 954-355-5781 Region 2/Spectrum Bldg,BHMC, Cell 754-332-4564 Childrens Diagnostic Center,DHQ jalfayate@browardhealth.org Bldg,ISC Bldg,Gold Coast Home Health,Sports Medicine Bldg,7`h Ave Clinic,BH Weston,Pine Island Property: The awarded contract consisted of Cutting Trimming& Edging,Tree Pruning,and Irrigation Maintenance,Mulching,Fertilization, and Pest Control. District Wide 240 Acres 2019-2021 $5 Million Arturo Castro FID Maintenance 954-793-7615 � . Contracts I-75, Artcastro1958@hotmail.com from N. of Indian Trace to I-75/I-595/and Sawgrass: The improvements under this contract consist of ROW landscape maintenance,to include trees,palms, shrubs and associated irrigation in Broward county. VisualScape has extensive firm-wide experience and expertise providing Horticultural Services to other government entities such as: City of Miami Beach, City of Sunny Isles Beach, Hallandale Beach, Miami Dade County Public Schools, Police Facilities, City of Coral Gables, City of Fort Lauderdale, City of West Palm Beach, City of Weston, and several FDOT landscape installation Jobs. Our extensive experience and attention to detail sets us apart.VisualScape is confident in its ability to successfully perform on this contract. As mentioned previously, we take pride and ownership of every project and property we work with, which is why this contract falls right in-line with our already existing culture. 1 68 11 Other Clients Include: -,-> ,'li ORAL ,-,„ ,_?:,...;,,t\ -- PIRTLE : ttit ,, ;-: ,,,,, BI FS Hallandale Beach id OT E LS ,,,,,,,,,,)N ''`-'4:-.4,F,..scy,0°,--" Fin opt B1 AL It,ut. ,,„,„...•'"'`',..-t.'.•,,,, ' , i 441 •- ... ,, 1-- (---Y--\ BRASFIELD OAKLANI)PARK 1 1. Pyt)W1 fralP GORRIE ,2,, , ,,, CORAL "4":474itgabalr".. IlL.-fl. GENERAL CONTRACTORS BUILDINC,;ka;LLQNCg DORAL SPRINGS BROWARD HEALTH MIAMI-DAE)E SKANSKA JrN COUNTY t\A A MI B Eisr 1.---' ,,14RIY C.,,,j / tO (/ *\ ) \ do / * .".• P' ,V;;.: -.. ''' ..... -.;:%,,, -dit.4 -""' , *\ /4-* * ; - ), 9 -.....„.._ ,7,o, , fNCOAP1 ORATiO. i CITY or FORT LAUDERDALE 4$` 91,.* -F-E-0__ \ ''' r:;,,* 9$1,15 „ , ( 1,,, -.../, ,,,,,,i...-5et,% ,4.., 0 f 5 1.1 0 (),. VV1/43 to s>, 1 „,.,.., i r „D, , its4ii iyHOOd . N\\ VI 1 , ,,,- ' 'A..1.."- ) , ,1 Nrir -rP MIAMI t,„. , , , , , FLORIDA t, „ ° tro, 0 FLORIDA UNIVERSITY tily, (1)FMikiV il ' A 1. .41 , 16811 VISUALSCAPE ACTIVE MEMBERSIIIPS: N e NATIONAL ASSOCIATION OF MEMBER.ti LANDSCAPE �►'°"�„aa, Irrigation f44 PROFESSIONALS A' ASSOCIATION'' ir. F G A aR, r@ ROW DA EN,PAIRY,MANS Fit" ONPit&It,tAPIASSOILCI7N ISA -,, ,,I x, President's LB� Council ErURFORASS ASSOCIATION •0 +18/; �, to--.-, — ,,. 4 drt ,,41 w F L O R I D A ffia$ , Hispanic Landscape il ' URBAN � Airforce VOICE OF TREE CARE' VCOUNCIL VISUALSCAPE AWARDS AND RECOGNITIONS: " " -,.. 2023 Gold Award of Excellence for"Seminole Hard Rock Hotel—Pool Mountain" aims 2023 Silver Award of Excellence for"Quayside Tower 4"NALP ArcAF=. 2023 Silver Award of Excellence for"Broward Health Coral Springs" RECIPIENT2023 Bronze Award of Excellence for"University of Miami—Chemistry Bldg" H.,„. 2022 Gold Award of Excellence for"Regalia" 2022 2022 Silver Award of Excellence for"FDOT Turnpike Landscape" .:(1_TL:icri 2022 Silver Award of Excellence for"City of Sunny Isles Park" RECIPIENT 2022 Bronze Award of Excellence for"Broward Health" ................................. i 2021 Gold Award of Excellence for"Bal Harbour Tower" 2021 2021 Bronze Award of Excellence for"Town of Cutler Bay" AWARD5 or EXC£1,t-r;NCI RECIPIENT 3-: 2020 Silver Award of Excellence for"W South Beach Hotel" 2020 2020 Silver Award of Excellence for"The Towers of Quayside" t Wig,' 2020 Silver Award of Excellence for"Village of Pinecrest Parks" RECIPIENT 2020 Bronze Award of Excellence for"FDOT—E6K65/E4T08—I-595/I-75 2021 Latin Builders Association/Landscape Contractor of the Year Award 2019 Latin Builders Association/Landscape Contractor of the Year Award 2018 Latin Builders Association/Landscape Contractor of the Year Award 2016 Latin Builders Association/Landscape Contractor of the Year Award 2012 Latin Builders Association/Landscape Contractor of the Year Award 2016 Recognition by City of Cutler Bay 16811 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Adrian Rivero Sr. Construction Superintendent Adrian Rivero Jr. Project Manager 12 Construction Services Agreement:[2024_ver.2] 16811 EXHIBIT B-1:PUBLIC PAYMENT BOND (Following This Page) 13 Construction Services Agreement:I2024_ver.21 1 6811 EXHIBIT B r 1: PUBLIC PAYMENT BOND Bond No. 0Nr238635 Contract No. 24-8260 VisualScape,Inc. KNOW ALL MEN BY THESE PRESENTS: That 1780i NW 137th Ave.,Miami,FL 33018 as Principal/Contractor, and Great Midwest Insurance Company , as Surety, located at 800 Lessner,Suite 600,Houston,TX 77024 (Business Address)are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of Seven Hundred Forty One Thousand Seven Hundred Forty Three and 40/100 ( 741,743.40 ), this includes allowance for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors, and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the lay of ! ?(�4' , 20 Tree Relocations and Irrigation Installation from 1-75 at Fine Ridge Rd. 111 accordance with with Oblige for to 1-75 at Golden Gate Pkwy. (Project) 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 void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties'obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. 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 3rd day of September , 20 24 , the name of undersigned representative, pursuant to authority of its governing body. t2024_ver.i I 16811 Signed, sealed and delivered in the presence of: PRINCIPAL/CONTRACTOR:VisualScape,Inc. lam: Signature Ivan C.Vila,President Notary Public State of Florida Name and Title p Fernandez MyCha Commisslotel rl HK 465287 Expires 11 11 012 0 2 7 • STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me!Dy means of A physical presence or online notarization, this day of S'p-eft} 20A1- by as P*(V-S%cle-ir1f 1 of \j•‘StIigLASQ x. \(\r% - a corporation, on behalf of the corporation. He/She is personally known to me OR has produced t"/fidentification and did (did not) take an oath. My Commission Expires: ( • n re f a ) / (AFFIX OFFICIAL SEAL) GIXI t •VXaC flc�f (Legibly Printed) t_ Notary Public, State of t O r►ci[— Commission No.: 4-4 f'Ito-o-g SURETY: Authorized Signature (Printed Name) (Business Address) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of_ physical presence or online notarization, this day of 20_by as of a corporation,on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: OR POWER OF ATTORNEY IN FACT (2024_ver.11 16B11 C it�2Q21� `17. ;12,0 f"U As Attorney in Fact Signature (Attach Power of Attorney Chai+es D.Nielson,Attorney-In-Fact (printed Name) 800 Gessner,Suite 600 Houston,TX 77024 (Business Address) STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 3rd day of September 20 24 by Charles D.Nielson as Attorney-In-Fact of Great Midwest Insurance Company a Texas corporation, on behalf of the corporation. He/She is personally known to me OR has produced Personally Known identification and did (did not) take an oath. My Commission Expires: April 21.2026 . • _L y L`_ • __• (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: Alicia AngeiAo Notary Public State of Florida (Legibly Printed) Alicia Angefilto Notary Public, State of Florida 1111 My Commis:Ion HH 321471 Commission No.: HH 521471 Expires 4/21/2026 12024_ver.I I 16811 EXHIBIT B— 2: PUBLIC PERFORMANCE BOND Bond No. GM238635 Contract No. 24-8260 VisualScaoe,Inc. KNOW ALL MEN BY THESE PRESENTS: That 17801 NW 137th Ave.,Miami,FL 33018 as Principal/Contractor, and Great Midwest Insurance Company , as Surety, located at 800 Gessner,Suite 600.Houston,TX 77024 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of Seven Hundred Forty OneThousand Seven Hundred Forty Three and 40/100 ($,741,743.40 1, in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs, and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to he performed hereunder,or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or.additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 3rd day of September , 20 24 , the name of each party being affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. [2024_ver.1[ 16811 Signed, sealed and delivered in the presence of: PRINCIPAL/COh1 to TOR:VsualScape,lnc. ' � // Signature_L_ . �" a ALL....._...._..._- ,....:.—a..�"a. Ivan C. Vila, President Notary Public State of'Ftorida Name and Title Cnamtoi Fernandez• I t ., '', tviy Commission H:1 46520'7 111E-1'! Expiros'i1/13/2a27 . STATE OF Florida - -N- =e— � _-- 3. _COUNTY OFMiami-Dade The foregoing instrument was acknowledged before me by means ofX ph si al presence or _onli a notarization, this•J day of��p m j'20 d�-4 by >j -j as pro c i e.ri+ of Vi s-i4cr_(SC! n(' • a corporation, on behalf of the corporation. He/Spersonally known to me OR has produced t\(J,A identification and did (did not)take an oath. .( -- o My Commission Expires: (Sigl7atur Notary (AFFIX OFFICIAL SEAL) _ (Legibly Printed) Notary Public, State of -{---1 or a Ot. Commission No.: •4-i44-1-1-10 a5 1 ETY: Great Mihvest In ranee ompany 800 Lessner,Suite 600 Authorized Signature Houston,TX 77024 Charles D.Nielson,Attorney-In-ark (Printed Name) (Business Address) STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me by means of x physical presence or _online notarization, this 3rd day of September 2024 by Charles D.Nielson , as Attorney-In-Fact of Great Midwest Insurance Company a Texas corporation, on behalf of the corporation. He/She is personally known to me OR has produced Personally Known identification and did (did not) take an oath. / My Commission Expires:April 21,2026 _{/� _,�,(�,-.� 'L�J ' t (Signature of Notary) J (AFFIX OFFICIAL SEAL) Alicia Angel➢lo _ _ (Legibly Printed) 4 Notary Public Slate of Florida i Notary Public, State of Florida I Alicia Angelillo t Commission No.: HH 521471 tiffMy Commission NH 521471 Expires 4/21/2026 12024_ver.1 J 16811 POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS,that GREAT MIDWEST INSURANCE COMPANY,a Texas Corporation,with its principal office in Houston, TX. does hereby constitute and appoint Dale A. Belis, Marilyn Ann Biome. Donald Bramlage, Edward M. Clark, Christian Collins. F. Danny Gann, David R. Hoover. Jarrett Merlucci. Laura D. Mosholder, Charles J. Nielson. Jessica P. Reno, Audria R. Ward. Edward T. Ward. Kevin Wojtowicz, Richard Zimmerman, Charles D. Nielson, Brett M. Rosenhaus its true and lawful Attorney(s)-In-Fact to make, execute. seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 151 day of October, 2018 as follows Resolved, that the President, or any officer, be and hereby is. authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds. undertakings. policies.contracts of indemnity or other writings obligatory in nature of a bond not to exceed Ten Million dollars($10.000.000.00).which the Company might execute through its duly elected officers. and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact.so appointed. may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted. and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached.continue to be valid and binding on the Company. IN WITNESS THEREOF. GREAT MIDWEST INSURANCE COMPANY. has caused this instrument to be signed by its President. and its Corporate Seal to be affixed this 11th day of February, 2021. ��:6N-s-ua,44c� GREAT MIDWEST INSURANCE COMPANY is c.o `� (OFRORAIE SEAL ;c BY 0 Mark W. Haushill 4 President F�qs CORPOP�`O ACKNOWLEDGEMENT On this 11th day of February. 2021. before me. personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY,the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. t*clNotay p�'pYpVe, CHRISTINA BISHOP t Public.State of TexasBY Comm. Expires 04.14.2025 Christina Bishop 'p°;t;e� Notar ID 131090488 y Notary Public CERTIFICATE I. the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy. is in full force and effect and has not been revoked and the resolutions as set forth are now in force. September Signed and Sealed at Houston, TX this 3rd Day of . 20 24 O ^^ x Vie (X)RPORATE SEAL BY �, Leslie K. Shaunty; rF \o•• Secretary "WARNING: Any person who knowingly and with intent to drfraud any insurance company or other person,files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and suhierts such person to criminal and civil penalties. 16811 EXHIBIT B-3: INSURANCE REQUIREMENTS (Following This Page) 15 Construction Services Agreement:[2024_ver.2] 16611 FORM 8-INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant,Subcontractors,agents and employees of each and all of them,all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County",or,the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description,or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverages)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 Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County,in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage()required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage()and charge the Vendor for such coverageu purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance,nor shall it be responsible for the coverage( ,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 Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. ( .ra:) 16811 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits I. ® Worker's Compensation Statutory Limits of Florida. Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers'Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https://apps._fldfs.com bocex;cm.l>t/ 2. ®Employer's Liability $_I,000,000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $_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 Contractor/Vendor shall defend,indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired;Automobile Included 6, ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: 0 United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence 0 Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence 0 Pollution $ Per Occurrence ❑Professional Liability $ Per claim&in the aggregate ❑Project Professional Liability $ Per Occurrence 0 Valuable Papers insurance $ Per Occurrence ❑Cyber Liability $__ Per Occurrence 0 Technology Errors&Omissions $ Per Occurrence 16811 7. ®Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ®Performance and For projects in excess of$200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide,published by A.M.Best Company,Inc.of 75 Fulton Street,New York,New York 10038, 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East,Naples,FL 34112 13. ® Thirty(30)Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG-4/11/24 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications,agrees to maintain these coverages through the duration of the agreement and/or work performance period,and that the evidence of insurability may be required within five(5)days of notification of recommended award of this solicitation. 16811 EXHIBIT C RELEASE AND AFFIDAVIT FORM (Template Form Following This Page) 16 Construction Services Agreement:[2024_ver.2] 16R11 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF ( STATE OF ( Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and its subcontractors, material-men, successors and assigns, all claims demands,damages, costs and expenses,whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's[monthly/final]Application for Payment No. Contractor's Signature Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of_physical presence or_online notarization, this_day of 20_ by , as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: [2024_ver.1] 16811 EXHIBIT D-1 CONTRACTOR APPLICATION FOR PAYMENT FORM (Template Form Following This Page) 17 Construction Services Agreement:[2024_ver.21 16811 EXHIBIT D-1 FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name & Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @5% $ Retainage @ 5%through [Insert $ through [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: [2024_ver.1] 16B 11 EXHIBIT D-2 SCHEDULE OF VALUES (Template Form Following This Page) 18 Construction Services Agreement:[2024_ver.2] 16811 Exhibit D-2 Schedule of Values PROJECT NAME: PROJECT NUMBER: DATE: PERIOD TO: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% % TOTAL NUMBER VALUE MATERIALS COMPLETED& COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS STORED TO (reduced rate) NATHHELD THRU DATE' SINCE DATE PERIOD DATE The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play.If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column.Information after that date is placed in the Since Date column.This states what has happended since the change in retainage. (2024 ver.t) 16811 EXHIBIT D-3 STORED MATERIALS (Template Form Following This Page) 19 Construction Services Agreement:[2024_ver.2] 16811 Exhibit D-3 Stored Materials Record PROJECT NAME: PROJECT NUMBER: DATE: PERIOD TO: PREVIOUSLY RECEIVED THIS PREVIOUSLY INSTALLED THIS BALANCE TO DATE DESCRIPTION SUPPLIER INVOICE NUMBER RECORDED(A) PERIOD(B) INSTALLED(C) PERIOD(D) INSTALL(E) • Balance to Install(E)is calculated by:Previously Recorded(A)+Received this Period(B)-Previously Installed(C)-Installed this Penod(D). (2024_ver.I] 16B11 EXHIBIT E-1: CHANGE ORDER (Template Form Following This Page) 20 Construction Services Agreement:[2024_ver.2] Co Ter County 16811 Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: Select One: ❑ Contract Modification (Construction or Project Specific) ❑Work Order Modification Project Manager Name: Division Name: Original Contract/Work Order Amount Original BCC Approval Date;Agenda Item# Current BCC Approved Amount Last BCC Approval Date;Agenda Item# Current Contract/Work Order Amount SAP Contract Expiration Date(MASTER) Dollar Amount of this Change o.00°%o Total% Change from Original Amount Revised Contract/Work Order Total $o.00 o.00°i % Change from Current BCC Approved Amount Total Cumulative Changes so.00 o.00°%o %Change from Current Amount Notice to Proceed Original NTP Original Final Last Final Date #of Days Completion Date Approved Date #of Days Added Revised Final Date Current Substantial Completion Date (includes this change) (if applicable) Provide responses after each question in box below (Responses should be brief and specific). Attach additional information 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/A" if not applicable. 3.) Explain why this change was not included in the original contract/Work Order. 4.) Describe the impact if this change is not processed. Page 1 of 4 Change Order Form(2024_ver.1) 16811 Co ler County, Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: Change Order/Amendment Summary (If additional spaces needed, attached a separate Summary page to this amendment request) COST TIME CO# AMD# Description Additive Deductive Days Total New Justification (+) (-) Added Time ❑ Check here if additional summary page/s are attached to this Change Order Page 2 of 4 Change Order Form(2023_ver.1) 16811 iC) tr County Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Contractor/Consultant/Design Professional signature below must be from an authorized person/officer/director 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 (https://dos.mvflorida.com%sunbiz/search/). 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 applicable) Printed Name/Title/Company Name Accepted by: Date: Signature-Contractor/Consultant/Vendor Printed Name/Title/Company Name Approved by: Date: Signature-Division Manager or Designee(Optional) Printed Name Approved by: Date: Signature-Division Director or Designee(Optional) Printed Name Approved by: Date: Signature-Division Administrator or Designee(Optional) Printed Name Page 3 of 4 Change Order Form(2024_ver.1) CAI-.ter County 16 B 11 Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: FOR PROCURMENT USE ONLY FY CHO Request# Approved by: Signature-Procurement Professional Signature/Date Approved by: Signature-Procurement Manager/Director(OPTIONAL) APPROVAL TYPE: ❑ Administrative ❑ Administrative-BCC Report ❑ BCC Stand-Alone ES (BCC Approval Required) BCC APPROVAL ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court BOARD OF COUNTY COMMISSIONERS and Comptroller COLLIER COUNTY, FLORIDA By: By: , Chairman Dated: Date: (SEAL) Agenda# Approved as to Form and Legality: Deputy County Attorney Print Name Page 4 of 4 Change Order Form(2024_ver.1) 16B11 EXHIBIT E-2: WORK DIRECTIVE FORM (Template Form Following This Page) 21 Construction Services Agreement:[2024_ver.2] 16B11 EXHIBIT E-2 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: Method of determining change in Contract Times: ❑ Unit Prices ❑ CONTRACTOR's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other A not-to-exceed itemized estimated increase Estimated change in Contract Time: (decrease)in Contract amount: $ Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer/Design Professional Owner's Representative [2024_ver.1] 16B 11 EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (Template Form Following This Page) 22 Construction Services Agreement:[2024_ver.2] 16811 EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) 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 [2024_ver.1] 16811 This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the final punch list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion and Contractor shall provide Owner with written notice that all punch list items have been completed. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance, and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ and will submit within five calendar days, an approved pay application to bccapclerk@collierclerk.com. The pay application will include regular schedule of value scope work to be billed and all work to be billed for all change orders. Signature of Contractor Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 Signature of Owner Type Name and Title [2024_ver.1] 16B11 EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM (Template Form Following This Page) 23 Construction Services Agreement:[2024_ver.2] 16R11 EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. Design Professional Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. The warranty in Exhibit G-2 is attached to and made a part of this Certificate. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION [2024_ver.1] 16B11 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 , 20_ Signature of Contractor Type Name and Title OWNER accepts this Certificate of Final Substantial on this , 20 Signature of Owner Type Name and Title [2024_ver.1] 16811 EXHIBIT F-3 PUNCH LIST FORM (Template Form Following This Page) 24 Construction Services Agreement:[2024_ver.2] 16811 EXHIBIT F-3 PUNCH LIST FORM Item Description Value Completion Date Dated Approved No. by Owner Subtotal x 150% [2024_ver.1] 16811 EXHIBIT G-1 FINAL PAYMENT CHECKLIST (Template Form Following This Page) 25 Construction Services Agreement: [2024_ver.2] 16B 11 EXHIBIT G-1: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No. Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO I 1. All Punch List items completed on I I I I 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: I I 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: I—J 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: 0 issued on (attach to this form). I 1 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: ET 10. Consent of Surety received on -1-7- 11. Operating Department personnel notified Project is in operating phase. LJ 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: Executed by Design Professional on , 20 Signature of Design Professional Type Name and Title Executed by Contractor on , 20 Signature of Contractor Type Name and Title Executed by Owner on , 20 Signature of Owner Type Name and Title [2024_ver.1] 16811 EXHIBIT G-2 WARRANTY (Template Form Following This Page) 26 Construction Services Agreement:[2024_ver.2] 16B11 EXHIBIT G-2 WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Substantial Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF SUBSTANTIAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. CONTRACTOR: WITNESS: Signature Signature Name Printed and Title Name Printed [2024_ver.1] 1 6B11 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization, or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 27 Construction Services Agreement:[2024_ver.2] 16811 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the"Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting, and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three(3)calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor,within ten (10)calendar days after 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 28 Construction Services Agreement:[2024_ver.2] 16811 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. 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 D-3. 29 Construction Services Agreement:[2024_ver.2] 16811 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner(which designee may include the Design Professional). 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. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor, or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- 30 Construction Services Agreement:[2024_ver.2] 1 6811 payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The Owner may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The Owner may not accept any additional surcharges (credit card transaction fees) as a result of using the Owner's credit card for transactions relating to this agreement. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b)third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the Contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make Final Payment to Contractor in accordance with Section 218.735, F.S. and the terms of the Contract Documents after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to Final Payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to Final Payment and such other 31 Construction Services Agreement:[2024_ver.2] I 6B11 documentation that may be required by the Contract Documents and the Owner. Prior to release of Final Payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Acceptance and Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice to Proceed is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract 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. 32 Construction Services Agreement:[2024_ver.2] 16811 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 including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. 33 Construction Services Agreement:[2024_ver.2] 16B11 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 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest&..colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 34 Construction Services Agreement:[2024_ver.2] 16B 11 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT 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. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner in the form of a Work Directive, Exhibit E-2, and Owner shall not be liable to the Contractor for any increased compensation without such 35 Construction Services Agreement:[2024_ver.2] 16B11 written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be 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 36 Construction Services Agreement:[2024_ver.2] 16B 11 matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit, or administrative proceeding,unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight(48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting,fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify, and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses 37 Construction Services Agreement:[2024_ver.2] 16B11 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. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable,such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. 38 Construction Services Agreement:[2024_ver.2] 16811 Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 39 Construction Services Agreement:[2024_ver.2] 16811 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 and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule;or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten(10) days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or(10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven(7)calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess 40 Construction Services Agreement:[2024_ver.2] 16811 shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty(120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exdusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 41 Construction Services Agreement:[2024_ver.2] 16811 20. COMPLETION. Substantial Completion and Development of the Punch List 20.1 Substantial Completion is as defined in the Defined Terms section of this Agreement. When the Contractor believes Substantial Completion has been achieved, it shall certify in writing to the Project Manager that the Project is Substantially Complete in accordance with the Contract Documents and request the Project Manager to inspect the Work and to issue a Certificate of Substantial Completion. Prior to making such a request the Contractor must: a) Complete all Work necessary for the safe, proper and complete use or operation of the Project as intended, including: all regulatory agency requirements are satisfied, including occupancy permits; operating certificates and similar releases; all operational testing has successfully occurred; all required training has successfully occurred; all close-out documents (such as as-built drawings, certifications, warranties, guaranties, test reports test logs, operational manuals, etc.) have been provided by Contractor and accepted by Owner. b) Prepare a Contractor-generated punch list(i.e., a list of all items required to render the Project complete, satisfactory, and acceptable,for submission with the request for inspection and issuance of a certificate of Substantial Completion), which shall include and list separately the estimated cost to complete each remaining unfinished item included on the list with an explanation as to the basis for those costs, substantiated by the Schedule of Values, subject to the Owner's final review and approval as stated below. c) Upon receipt of the request from the Contractor, the Project Manager, assisted by the Professional, if any, and other Owner personnel, as appropriate, shall review the request, the Work and the Contractor-generated Punch List to determine whether the Work is ready for Substantial Completion inspection. If this review fails to support Substantial Completion inspection, the Project Manager shall so notify the Contractor citing the reasons for rejection. If the Project Manager and Professional (if any) determine the Work is ready for Substantial Completion inspection, the following procedures will be followed: 1. The Project Manager will,within a reasonable time, schedule, and conduct inspection(s) of the Work with the Professional (if any), other Owner personnel as required, and the Contractor for the purpose of formally reviewing the status of completion of the Work, the readiness of the Project for use and the Contractor-generated Punch List. A copy of the Contractor- generated punch list will be provided to all participants and any additional items noted during the inspection will be added to the list. The Project Manager, the Professional, their representatives and other Owner representatives will review the Work and the Contractor-generated punch list to assure all deficiencies are noted on a final document (Exhibit F-3 Punch List Form). The Punch List must include all items required to render the Project complete, satisfactory and acceptable. If Project Manager and Contractor disagree on whether an item belongs on the Punch List, the Project Manager has the final say on whether the item is included or not. The Punch List shall be finalized and issued to the Contractor by the Owner within the time frames indicated below. 42 Construction Services Agreement:[2024_ver.2} 16B11 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. 20.2 Time Frames for Issuance of the Punch List (a) The Owner shall issue the Punch List to the Contractor within the time frames described below, provided that the Contractor has completed its obligations in providing a proper contractor-generated Punch List prior to the Substantial Completion inspection. (b) For construction estimated to cost less than ten million dollars ($10,000,000.00),the Punch List must be finalized within thirty (30) Days after the Substantial Completion date. (c) For construction projects estimated to cost more than ten million dollars ($10,000,000.00),the Punch List must be finalized and issued within forty-five (45) Days after the Substantial Completion date. (d) For construction projects involving more than one building or structure or multiple phases, the Punch List must be prepared for each building, structure or phase within thirty (30) Days of the Substantial Completion date of a particular building, structure or phase if it is estimated to cost less than ten million dollars ($10,000,000.00) or within forty-five (45) Days if it is estimated to cost more than ten million dollars($10,000,000.00). (e) If the development of the Punch List takes the full amount of time designated (or a portion thereof) and includes a tentative punch-list based upon the above dollar amount thresholds, the delivery of the Punch List of items shall be delivered by the Owner no later than five (5) business days thereafter. Within twenty(20) business days after the delivery of the Punch List to the Contractor, the Owner must pay the Contractor the remaining contract balance owed, that includes all retainage previously withheld by Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the items on the Punch List. At the same time the Owner delivers the Punch List Contractor shall submit a payment application requesting that Owner pay the Contractor the remaining contract balance owed including all retainage previously held by Owner less an 43 Construction Services Agreement:[2024_ver.21 16B11 amount equal to 150 percent(150%)of the estimated cost to complete the items on the Punch List. (f) The failure to include any corrective work or pending items not yet completed on the Punch List does not alter the responsibility of Contractor to complete all the construction services purchased pursuant to the Contract Documents. (g) Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the Punch List. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.3 Completion of Punch List Work and Release of Remaining Contract Balance (a) Upon completion of the Punch List Work, the Contractor shall certify in writing to the Project Manager that all Punch List Work has been completed in accordance with the Contract Documents and request the Project Manager to inspect the Work and to approve Punch List completion. If, in the Project Manager's opinion, the Work is not ready for such inspection, the Project Manager will so inform the Contractor, giving reasons for such opinion. If the Project Manager is satisfied that an inspection is warranted, the Project Manager will, within a reasonable time, schedule and conduct inspection(s) of the facility with representatives of the Owner's user department, the Professional (if any), and the Contractor, for the purpose of formally reviewing the completion of Punch List Work. If the Project Manager and the Contractor disagree on whether an item remains incomplete, the Project Manager has the final say on whether the item is complete or not. (b) If, upon completion of the inspection(s)the Owner does not consider the Punch List Work complete, the Project Manager will notify the Contractor in writing giving spedfic reasons why the Punch List Work is not complete. (c) Upon completion of all items on the Punch List, the Contractor may submit a Payment Request for the remaining amount withheld by the Owner. If a good- faith dispute exists as to whether one or more items identified on the list have been completed pursuant to the Contract Documents, the Owner may continue to withhold an amount not to exceed one hundred and fifty percent (150%) of the total costs to complete such items. This remaining balance of retainage may be requested by the Contractor in its Application for Final Payment after Final Acceptance of the Work by Owner (Exhibit F-2 Certificate of Final Completion). (d) All items that require correction under the Contract Documents and that are identified after the preparation and delivery of the Punch List shall remain the obligation of the Contractor. (e) Warranty Items may not affect the Final Payment of retainage pursuant to Section 218.735(7)(f), Florida Statutes. 44 Construction Services Agreement:[2024_ver.2] 16B11 (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 as a duly executed copy of the Surety's consent to Final Payment and such other documentation that may be required by the Contract Documents, including but not limited to: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to Final Payment. (4) Receipt of the Final Payment Check list, Exhibit G-1. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 45 Construction Services Agreement:[2024_ver.2] 16811 Prior to release of Final Payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G-1. 20.6 Approval of Final Payment (a) If, on the basis of the Project Manager's observations and review of Work during Construction, final inspection, and review of the Application for Final Payment (all as required by the Contract Documents), the Project Manager is satisfied that the Work has been completed and the Contractor has fulfilled all of its obligations under the Contract Documents, the Project Manager will, within ten (10) days after receipt of the Application for Final Payment, indicate in 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 Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. (b) Contractor's acceptance of Final Payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. (c) The Contractor's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or Final Payment, the issuance of a Certificate of Substantial Completion, any payment by the Owner to the Contractor under the Contract Documents, any use or occupancy of the Project or any part thereof by the Owner,the issuance of a Final Completion,any act of acceptance by the Owner, any failure to do so, nor any correction of defective Work by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract 46 Construction Services Agreement:[2024_ver.21 16811 Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers,fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one(1)year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22 TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected,tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation, and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8)hour day and for any work performed on Saturday, Sunday, or holidays. 47 Construction Services Agreement:[2024_ver.2] 1613 11 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect, and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect, and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect, and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to Final Payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents, and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after Final Payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event 48 Construction Services Agreement:[2024_ver.2] 16811 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 monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 49 Construction Services Agreement:[2024_ver.2] 16811 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. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 50 Construction Services Agreement:[2024_ver.2] 1 6B11 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation, or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules, and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full-time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable(collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 51 Construction Services Agreement:[2024_ver.2] 16B11 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute, or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional, and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings(including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar 52 Construction Services Agreement:[2024_ver.2] 6B11 with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten(10)days of receipt of Notice to Proceed. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below. 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor,for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 53 Construction Services Agreement:[2024_ver.2] 16B 11 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. 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. 54 Construction Services Agreement:[2024_ver.2] 16811 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, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 55 Construction Services Agreement:[2024_ver.2] 16811 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 year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a�colliercountyfl.gov)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 56 Construction Services Agreement:[2024_ver.2] 6B11 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exdusive 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. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. A. All disputes arising under or relating to this Agreement shall be resolved in accordance with this Section, except for disputes related to payment matters and payment disputes upon submission of pay applications, which shall be addressed and resolved in accordance with Collier County Ordinance No. 2017-08, as amended, and governed by the time to commence and conclude payment dispute proceedings set forth in Section 218.76(2)(a), Fla. Stat. 57 Construction Services Agreement:[2024_ver.2] 16B11 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. 58 Construction Services Agreement:[2024_ver.2] 16811 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ® Attached hereto, following this page ❑ Not Applicable 59 Construction Services Agreement:[2024_ver.2] 16811 EXHIBIT I SUPPLEMENTAL CONTRACT PROVISIONS The supplemental conditions contained in this 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. Contractor means an entity that receives a contract. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, I)The contractor(including all subcontractors)must insert these contract provisions in each lower tier contracts(e.g.subcontract or sub-agreement); 2)The contractor(or subcontractor)must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. Supplement Contract Provisions- I 16811 EXHIBIT I SUPPLEMENTAL CONTRACT PROVISIONS FLORIDA DEPARTMENT OF TRANSPORTATION STATE CONTRACT PROVISIONS Records,Access and Retention: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request by FDOT at all times during the period of this Agreement, and for five(5)years after final payment is made. Copies of these documents and records shall be furnished to the FDOT upon request. Records of costs incurred include the County's general accounting records and the Project records,together with supporting documents and records,of the contractor and all subcontractors performing work on the Project, and all other records of the contract and subcontractors considered necessary by the FDOT for a proper audit of costs. Discriminatory Vendor List: The contractor will not discriminate against any person on legally protected basis in any activity under this solicitation or a contract. Any entity or affiliate that has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with 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,and many not transact business with any public entity. Employment Eligibility Verification: Executive Order 11-116, signed May 27,2011, by the Governor of Florida, requires Contractors to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the contract. Contractors shall expressly require any subcontractors performing work or providing services pursuant to this Agreement utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Inspector General Cooperation: Contractor and subcontractors are obligated to comply with Section 20.055(5), Florida Statutes which states, "It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the corporation,partnership,or person understands and will comply with this subsection." Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. Interest of Members of, or Delegates to, Congress or Legislature: No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the contract or any benefit arising therefrom. Compliance with Terms and Conditions: Contractors and its subcontractors shall comply with all applicable federal, state and local laws and regulations relating to the performance of the contract. Supplement Contract Provisions-2 16811 EXHIBIT I SUPPLEMENTAL CONTRACT PROVISIONS GRANT CERTIFICATIONS AND ASSURANCES RETURN DOCUMENTS BY SOLICIATION DEADLINE I. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Anticipated DBE, M/WBE or VETERAN Participation Statement 3. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 4. Acknowledgement of Terms and Conditions Supplement Contract Provisions-3 i6811 EXHIBIT I SUPPLEMENTAL CONTRACT PROVISIONS COLLIER COUNTY Certification 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 embezzlement, theft, forgery, bribery, falsification or destruction of records, making 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 certification;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. Tree Relocations and Irrigation Installation Ivan C. Vila 1-75 at Pine Ridge Road to Goden Gate Pkwy Name Project Name President SW1DKJ5GPFE1 Title SAM.gov Unique Entity ID(UEI)Number VisualScape Inc. 45-2599402 Firm Tax ID Number 04-398-9890 DUNS Number 17801 NW 137 Avenue, Miami, FL 33018 Street Address,City,St e,Zip ti Signature III Supplement Contract Provisions-4 C. J I 6811 3)(HIBIT I SUPPLEMENTAL CONTRACT PROVISIONS COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status wilt be Verid. Unveritable statuses v4i1 require the PP ME to either prelude a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FLU N urr E ER. CONTRACT DOLLAR AMOUNT VisualScape Inc. 45-2599402 $741,743.40 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN V El IS THE ACTIVITY OF THIS CONTRACT... MINOROY OR WOMEN BUSINESS ENTERPRISE! DBE? N CONSTRUCTION? DBEft.IBEIWEE)OR HAVE A SMALL DISADVANTAGED BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS MBE? [K] N CONSULTAT/ON? 1 ADMINISTRATION! A SERVICE DISABLED VETERAN? WEE? Y D OTHER? SDI?SA? t,n N IS TH:S SUVA/SS:ON A REVISION? V jJ IF YES,REv3SION NUMBEFI B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WAE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY {See Below) DOLLAR AMOUNT DOLLARS N/A - VisualScape will self-perform all scope of service on this project. 7°TAL5 N/A C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER Ivan C. Vila 07/24/2024 President EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER IVila@visualscapeinc.com (305) 362-2404 (305) 362-2403 NOTE:This information is used to track and report anticipated DBE cc MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contraft,the prime wilt be asked to update the information for the grant compliance files. ETHNICITY CODE Bad,American BA Hispanic American HA Native American NA Subcont.Asian American SAA Asian-Pa,cific American APA Non-Minority Women NMW Other:not of any other group listed D.SECTION TO BE COMPLETED BY COLLIER COUNTY CEPAR'MENT NAME COLLIER CONTRACT;(IFBIRf P or PO/PEG:: GRANT PROGRAM/CONTRACT_ ACCEPTED BY: DATE Supplement Contract Provisions- 5 16B 11 EXHIBIT I SUPPLEMENTAL CONTRACT PROVISIONS COLLIER CC<'JNTY GRANT COMPLIANCE FORM PID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES ft is the polio/of Collier County that diso tvontaged businesses and rnirority vendors,as defined in the Code of Federal Regulations(CFR)or Florida Statutes(FS),must hose the opportunity to portkioate on contracts wkh federal end,/or state grant assistance. Prime Contractor/PrimeConsultant. VisualScape Inc. Address and Phone Number: 17801 NW 137 Avenue, Miami, FL 33018 Procurement Number/Advertisement Number: 24-8280 The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above. The list must include the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1,2,3,and 4;and,should provide any information they have for Numbers 5,6,7,and B.This form must be submitted with the bid package. 1. Federal Tax ID Number: 45-2599402 6.v DBE B. Annual Gross Receipts 2. Firm Name: VisualScape Inc. - Non-DBE Less than$1 million 3. Phone Number. (305) 362-2404 •Between$1-5 million 4. Address 17801 NW 137 Avenue F-- -•Between$5-10 million Miami, FL 33018 7.1 subcontractor Between$10-15 million {II Subconsultant More than$15 million 5. Year Firm Established: 2011 I. Federal Tax ID Number: 6. DBE B- Annual Gross Receipts 2. Firm Name: - Ncn-DBE Less than$1 million 3. Phone Number: Between$1-5 million 4.Address Between$5-10 million 7.ESubcontractor Between$10-15 million subconsuitant More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6.E DBE B. Annual Gross Receipts 2. Firm Name: Non-DBE Less than S 1 million 3. Phone Number: Between$1-5 million 4.Address Between$5-10 million 7.- Subcontractor Between 510-15 million - Subconsultant More than$15 million 5.Year Firm Established: 1. Federal Tax ID Number: 6. DBE B. Annual Gross Receipts 2. Firm Name: - Non-DBE Less than$1 million 3. Phone Number. Between$1-5 million 4.Address Between$5-10 million � 7.- Subcontractor Between$10-I5 million Subconsultant More than$15 million 5.Year Firm Established: Supplement Contract Provisions- 6 16811 EXHIBIT I SUPPLEMENTAL CONTRACT PROVISIONS COLLIER COUNTY Acknowledgement of Terms,Conditions and Grant Clauses Flow Down of Terms and Conditions from the 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 (FDOT) for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the 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 On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name VisualScape Inc. Date 07/24/2024 Authorized Signature r Ivan C.Vila President Address 17801 NW 137 Avenue, Miami, FL 33018 Solicitation/Contract# 24-8280 Supplement Contract Provisions-7 C